Australian Federal Police Regulations (Amendment)

Overview

The Australian Federal Police Regulations 1996 (Amendment) were enacted by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, under the Australian Federal Police Act 1979. These Regulations aim to address and refine the fees and costs associated with the services rendered by the Australian Federal Police (AFP) to various entities, including the public and Commonwealth authorities. The Regulations seek to ensure clarity and fairness in the remuneration for the AFP’s services by adjusting the fee structure and the calculation of costs for the use of AFP members' and staff members' time. The policy objective is to formalise the financial arrangements concerning the provision of specific services by the AFP, thus providing a transparent framework for fee collection and cost determination.

Scope and Application

The Australian Federal Police Regulations 1996, as amended, provide a detailed framework for the administration of fees and charges for services rendered by the Australian Federal Police (AFP). These regulations apply to the AFP and its members, and govern the fees that may be charged for various services rendered to authorities of the Commonwealth, individuals, bodies corporate, and other organisations. The scope of these regulations is national, operating under the authority of the Commonwealth. The fees specified in the regulations apply to services rendered by the AFP, such as searches of records, fingerprint checks, and the provision of reports and other documents. The regulations also outline the calculation of fees, including costs for the use of AFP personnel’s time and other associated costs. Notably, the regulations provide specific exclusions and thresholds for certain services, such as the application of a minimum fee for services rendered for periods of less than four hours. The application and enforcement of these regulations may be extended or restricted through subordinate instruments, ensuring flexibility and adaptability to changing circumstances.

Key Provisions

The Australian Federal Police Regulations 1996 (Amendment) revise several provisions related to the Australian Federal Police (AFP). Regulation 2 redefines key terms such as "cost to the AFP for the use of the member’s time" and introduces a new definition for "remuneration". Specifically, the cost to the AFP for the use of a member's time now includes both the member's remuneration and 159.4% of their base salary, irrespective of the duration of the service, unless a minimum period of four hours is specified. Regulation 46 outlines fees for various police services rendered to the public or Commonwealth authorities. These services, listed in Schedule 6, have specific fees attached, such as $25 for a search of AFP records for convictions and $245 for fingerprinting and providing a copy of fingerprints. Regulation 47, which previously governed police services rendered in relation to a prescribed authority of the Commonwealth, has been omitted. The Regulations impose several obligations on the AFP and the individuals or entities receiving services from the AFP. For instance, the AFP must ensure that all services rendered to the public or Commonwealth authorities are in line with the fees specified in Schedule 6. Recipients of these services must pay the applicable fees as outlined. Furthermore, the definition of "cost to the AFP for the use of the member’s time" necessitates that the AFP calculate fees accurately based on the new formula provided in Regulation 2. Failure to comply with these Regulations could result in legal repercussions. Although the specific penalties for breaches are not detailed within these Regulations, breaches of regulations under the Australian Federal Police Act 1979 may lead to fines or other penalties as stipulated by the Act. Given that the Regulations are made under the Act, similar enforcement mechanisms and penalties could apply, depending on the nature and severity of the breach.