Australian Federal Police Regulations (Amendment)

Overview

The Australian Federal Police Regulations (Amendment) 1993 No. 60 is an amendment to the Australian Federal Police Regulations made under the Australian Federal Police Act 1979. This amendment was enacted to address the issue of removing Australian Airlines and Qantas from the list of prescribed authorities of the Commonwealth, as these entities were no longer considered authorities of the Commonwealth following a substantial minority sale. The amendment was issued by the authority of the Minister for Justice and the purpose was to ensure consistency with the approach taken in relation to Commonwealth legislation generally. The commencement of the Regulations is tied to the Qantas Sale Act 1992, which was enacted to facilitate the sale of a minority stake in Qantas. The policy objective of the amendment was to reflect the change in the status of Qantas and Australian Airlines and to ensure that the Regulations no longer refer to these entities as prescribed authorities of the Commonwealth.

Scope and Application

The Australian Federal Police Regulations (Amendment) 1993 No. 60 pertains to the amendment of the Australian Federal Police Regulations under the Australian Federal Police Act 1979. The regulations concern the payment of fees by the public and certain prescribed Commonwealth authorities for services provided by the Australian Federal Police. Specifically, the regulations outline the fees applicable to the public and to prescribed Commonwealth authorities, such as Australian Airlines and Qantas, which are designated as authorities of the Commonwealth for the purposes of the Act. The amendment removes these airlines from the list of prescribed authorities due to their substantial minority sale, which effectively changes their status under Commonwealth legislation. The amendments to the principal Act and the Regulations are synchronised with the commencement of the Qantas Sale Act 1992, ensuring that the changes take effect from the date of the sale of 25% of Qantas on 10 March 1993. These statutory rules are intended to reflect the updated status of these entities within the regulatory framework.

Key Provisions

The Australian Federal Police Regulations (Amendment) 1993 No. 60 (the Amendment) modifies the Australian Federal Police Regulations made under the Australian Federal Police Act 1979 (the Act). Specifically, section 70 of the Act empowers the Governor-General to make regulations for the purposes of the Act. The Amendment removes references to Australian Airlines and Qantas, which were previously prescribed authorities of the Commonwealth, from the Regulations (Items 2 and 34 in Schedule 7 of the Regulations). This change aligns with the broader legislative intent to no longer treat these airlines as Commonwealth authorities post their substantial minority sale. These amendments impose a clear obligation on Australian Airlines and Qantas to cease being recognised as prescribed authorities under the Regulations. This means that, from the effective date of the Amendment, neither airline will be required to pay fees as prescribed authorities when accessing services from the Australian Federal Police. This change in status is significant because it directly affects the financial obligations of these entities towards the Australian Federal Police. Any breach of these regulatory changes could potentially lead to civil or administrative consequences. For instance, if Australian Airlines or Qantas continue to be treated as prescribed authorities under the Regulations despite the Amendment, they may face penalties for non-compliance. However, the exact nature and severity of these penalties are not detailed in the Amendment itself, implying that further clarification might be sought from the relevant authorities or through judicial interpretation.