EXPLANATORY STATEMENT
STATUTORY RULES 1989 NO 139
ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL
AUSTRALIAN FEDERAL POLICE REGULATIONS (AMENDMENT)
The purpose of these amendments to the Australian Federal Police Regulations (the AFP Regulations) is to make provision for and in relation to:
(a) the police services that may be rendered by the Australian Federal Police at the request of, or under an agreement with, a member of the public or a body corporate or other organisation (other than an authority of the Commonwealth), and the payment and recovery of such fees as are prescribed in relation to rendering those services; and
(b) the payment of such fees as are prescribed in relation to police services rendered by the Australian Federal Police in relation to a prescribed authority of the Commonwealth, where rendering those services is a function of the Australian Federal Police.
Notes on individual clauses are set out below.
Regulation 1: Principal Regulations
This regulation defines ‘Principal Regulations’ to mean the Australian Federal Police Regulations.
Regulation 2: Definitions
This regulation amends regulation 2 of the Principal Regulations by inserting new definitions required by this amendment.
Regulation 3
This regulation adds new regulations 46, 47 and 48 to the Principal Regulations.
New Regulation 46 prescribes the police services that may be rendered by the Australian Federal Police at the request of, or under an agreement with, a member of the public or a body corporate or other organisation (other than an authority of the Commonwealth). It also makes specified fees payable for the rendering of the prescribed police services and provides for the recovery of such fees as debts due to the Commonwealth.
New Regulation 47 prescribes the fees that are payable by a prescribed Commonwealth authority for specified police services rendered by the Australian Federal Police.
New Regulation 48 provides the Commissioner of the Australian Federal Police with a discretion to waive fees payable under new regulations 46 and 47 where the payment of a fee would cause financial hardship or the Commissioner considers it appropriate. A fee is not payable under new regulations 46 and 47 where it relates to an activity conducted for a charitable purpose.
Regulation 4: Schedules 6 and 7
This regulation amends the Principal Regulations by adding new schedules 6 and 7.
New Schedule 6 specifies the fees payable for services rendered by the Australian Federal Police pursuant to new regulation 46.
New Schedule 7 specifies the prescribed Commonwealth authorities that are required to pay prescribed fees for services rendered by the Australian Federal Police pursuant to new regulation 47.