Australian Federal Police Regulations (Amendment)

Overview

The Australian Federal Police Regulations (Amendment) Statutory Rules 1989 No 139, issued under the authority of the Attorney-General, were enacted to address gaps in the financial arrangements for police services provided by the Australian Federal Police (AFP) to non-Commonwealth entities and certain Commonwealth authorities. The legislation was intended to establish a framework for the provision and payment of fees for police services rendered by the AFP outside its primary Commonwealth functions. This amendment sought to clarify and formalise the fee structures for such services, ensuring that both public and private sector entities, as well as specific Commonwealth authorities, are aware of their financial obligations when engaging the AFP for police services. The policy objective was to create a transparent and equitable system for fee payment, while also allowing for flexibility in cases of financial hardship or charitable activities.

Scope and Application

The Australian Federal Police Regulations (Amendment) Statutory Rules 1989 No 139, issued by the authority of the Attorney-General, introduces amendments to the Australian Federal Police Regulations, primarily concerning the provision of police services and the associated fees for those services. This amendment applies to the Australian Federal Police and its interaction with members of the public, body corporates, other organisations, and prescribed Commonwealth authorities. It specifically addresses the fees payable for police services rendered by the Australian Federal Police at the request of or under an agreement with non-Commonwealth entities, as well as those rendered to prescribed Commonwealth authorities, where applicable. The regulations also incorporate provisions for the Commissioner of the Australian Federal Police to waive fees in cases of financial hardship or when deemed appropriate, with an exemption for activities conducted for charitable purposes. The amendment extends the reach of the Principal Regulations by introducing new regulations and schedules that detail the specific services and fees involved.

Key Provisions

The main operative sections of these amendments to the Australian Federal Police Regulations (AFP Regulations) introduce provisions that establish the scope of police services provided by the Australian Federal Police (AFP) to the public and non-Commonwealth entities, and prescribe fees for these services. Specifically, Regulation 3 introduces new regulations 46, 47, and 48. Regulation 46 defines the services that the AFP can provide to members of the public or non-Commonwealth bodies under an agreement, alongside the fees applicable to these services. Regulation 47 specifies the fees to be paid by prescribed Commonwealth authorities for police services rendered by the AFP. Regulation 48 allows the Commissioner of the AFP discretion to waive fees under regulations 46 and 47 if the payment would cause financial hardship or is otherwise deemed appropriate, and exempts fees for activities conducted for charitable purposes. The obligations imposed by these regulations on parties or entities include the payment of specified fees for police services rendered by the AFP to non-Commonwealth entities and prescribed Commonwealth authorities. These fees are outlined in Schedules 6 and 7, which were added to the Principal Regulations by Regulation 4. The AFP must ensure that such fees are collected as debts due to the Commonwealth, as stipulated in Regulation 46. Furthermore, the Commissioner is granted discretion under Regulation 48 to waive these fees in certain circumstances, such as financial hardship or if it is deemed appropriate. Breaches of the obligations to pay prescribed fees under these regulations may result in civil or criminal consequences. While specific penalties are not detailed in the explanatory statement, it is implied that failure to comply with the requirement to pay fees could result in legal action for the recovery of the unpaid fees. Additionally, the ability of the Commissioner to waive fees provides a measure of flexibility, but it does not excuse the obligation to pay unless explicitly waived under Regulation 48. Non-compliance could also result in reputational damage and potential legal action for any harm caused by the failure to provide necessary services.