Australian Federal Police Regulations (Amendment) 1994 No. 113
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 113
Issued by the Authority of the Minister for Justice
Australian Federal Police Act 1979
Australian Federal Police Regulations (Amendment)
The purpose of the amendment to Part 5 of the regulations is to prescribe for the Commissioner of the Australian Federal Police (the Commissioner) an annual displacement allowance in respect of the Commissioner leaving his current employment and accepting the appointment as Commissioner of the Australian Federal Police. Subsection 20(2) of the Australian Federal Police Act 1979 provides that the Commissioner shall be paid such allowances are prescribed. A similar, albeit larger, allowance is prescribed for the Chairperson of the National Crime Authority under the National Crime Authority Act 1984.
Regulation 1 provides the commencement date for the regulations;
Regulation 2 provides that the Australian Federal Police Regulations are amended; and
Regulation 3 inserts regulation 38 which will prescribe an annual displacement allowance for the Commissioner of $13,500.00 a year.
Overview
The Australian Federal Police Regulations (Amendment) 1994 No. 113, issued under the authority of the Minister for Justice, amends the Australian Federal Police Regulations 1979 to introduce an annual displacement allowance for the Commissioner of the Australian Federal Police. Enacted to address the need for a specific allowance for the Commissioner upon leaving their current employment to take up the role, these regulations align the Commissioner's allowance with that of the Chairperson of the National Crime Authority under the National Crime Authority Act 1984. The primary objective of this amendment is to ensure that the Commissioner receives a fair and prescribed allowance as stipulated in subsection 20(2) of the Australian Federal Police Act 1979. The regulations establish the commencement date, amend the existing regulations, and introduce a new regulation prescribing the annual displacement allowance of $13,500.00 for the Commissioner.
Scope and Application
The Australian Federal Police Regulations (Amendment) 1994 No. 113 amends Part 5 of the Australian Federal Police Regulations to introduce an annual displacement allowance for the Commissioner of the Australian Federal Police. This allowance applies specifically to the Commissioner when they leave their previous employment to accept the role of Commissioner. The amendment is grounded in subsection 20(2) of the Australian Federal Police Act 1979, which mandates that the Commissioner shall receive any allowances as prescribed. This regulation is designed to provide financial support to the Commissioner in the transition to their new role, ensuring that they are adequately compensated for any displacement from their prior employment. The allowance is set at $13,500.00 per year, aligning with the provisions for the Chairperson of the National Crime Authority under the National Crime Authority Act 1984. The amendment is effective from the date specified in the regulations and is limited to the financial support provided to the Commissioner, without extending to other personnel or roles within the Australian Federal Police or other agencies.
Key Provisions
The main operative sections of the Australian Federal Police Regulations (Amendment) 1994 No. 113 involve amending the Australian Federal Police Regulations to include a new allowance for the Commissioner. Specifically, Regulation 2 specifies that the existing regulations are amended by adding a new regulation, Regulation 3, which introduces an annual displacement allowance for the Commissioner of the Australian Federal Police (AFP). This allowance, as stated in Regulation 3, is set at $13,500.00 per year.
The amended regulations impose specific obligations on the AFP, primarily concerning the payment of the displacement allowance to the Commissioner. According to the Australian Federal Police Act 1979, the Commissioner is entitled to such allowances as prescribed by the regulations. With the introduction of Regulation 3, it becomes mandatory for the AFP to pay the Commissioner an annual displacement allowance of $13,500.00. This allowance is designed to cover certain expenses related to the Commissioner’s relocation and transition into the role.
The regulations do not explicitly outline specific offences, penalties, or consequences for breaches within this amendment. However, any failure to comply with the prescribed allowances under the Australian Federal Police Act 1979 could potentially lead to legal ramifications. Although not detailed in the amendment, general breaches of statutory obligations can result in civil or criminal penalties, depending on the nature and severity of the breach. In more severe cases, non-compliance might attract penalties such as fines or other sanctions as determined by relevant authorities.
In summary, the amendment to the Australian Federal Police Regulations aims to formalise the payment of an annual displacement allowance to the AFP Commissioner. By enacting Regulation 3, the amendment ensures that the Commissioner receives $13,500.00 per year to assist with related expenses, thereby complying with the allowance provisions outlined in the Australian Federal Police Act 1979. Although the amendment itself does not detail specific penalties for non-compliance, the general framework of the Act allows for enforcement actions against any breaches of prescribed allowances.