Australian Protective Service Amendment Act 2002

Administered by Department of Home Affairs

Legislation au C2004A00999 In force Act

Legislation content

 

 

 

 

 

Australian Protective Service Amendment Act 2002

 

No. 55, 2002

 

 

 

 

 

An Act to amend the Australian Protective Service Act 1987, and for related purposes

 

 

Contents

1 Short title...................................

2 Commencement...............................

3 Schedule(s)..................................

Schedule 1—Australian Protective Service Act 1987

 

 

Australian Protective Service Amendment Act 2002

No. 55, 2002

 

 

 

An Act to amend the Australian Protective Service Act 1987, and for related purposes

[Assented to 29 June 2002]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Australian Protective Service Amendment Act 2002.

2  Commencement

  This Act commences on the day on which it receives the Royal Assent.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1—Australian Protective Service Act 1987

 

1  Subsection 3(1)

Insert:

APS employee has the same meaning as in the Public Service Act 1999.

2  Subsection 3(1)

Insert:

Commissioner means the Commissioner of Police referred to in section 6 of the Australian Federal Police Act 1979.

3  Subsection 3(1) (definition of Director)

Omit “such office in the Department as is designated”, substitute “the position in the Protective Service created”.

4  Subsection 3(1) (definition of protective service officer)

Omit “such office in the Department as is designated”, substitute “a position in the Protective Service created”.

5  Subsection 3(1) (definition of Secretary)

Repeal the definition.

6  Subsection 3(2)

Omit “subsection 5(2),”.

7  Section 5

Repeal the section, substitute:

5  Establishment of Protective Service

 (1) The Australian Protective Service is established.

 (2) For the purposes of the Public Service Act 1999, the Protective Service is a Statutory Agency constituted by:

 (a) the Commissioner as Head of the Agency; and

 (b) the APS employees assisting the Commissioner under this Act.

 (3) The reference to APS employees in paragraph (2)(b) does not include a reference to special protective service officers who are APS employees in another Agency.

 (4) In this section:

Agency has the same meaning as in the Public Service Act 1999.

8  Section 7

Repeal the section, substitute:

7  Director of Protective Service

  The Commissioner may, by notice in writing published in the Gazette, create a position in the Protective Service the occupant of which is the Director of the Protective Service.

9  Section 8

Repeal the section, substitute:

8  Protective service officers other than Director

  The Commissioner may, by notice in writing published in the Gazette, create positions in the Protective Service the occupants of which are protective service officers.

10  Section 10

Omit “his or her office unless the protective service officer”, substitute “a protective service officer unless he or she”.

11  Section 10

Omit “Secretary”, substitute “Commissioner”.

12  Section 11

Omit “Secretary”, substitute “Commissioner”.

13  Subsection 12(1)

Omit “Secretary”, substitute “Commissioner”.

14  Subsection 12(3)

Repeal the subsection, substitute:

 (3) Where a provision of the General Orders is inconsistent with:

 (a) a provision of this Act or any other Act; or

 (b) a provision of regulations made under this Act or any other Act; or

 (c) a determination made under section 24 of the Public Service Act 1999; or

 (d) a direction issued by the Public Service Commissioner under section 11, 15 or 36 of the Public Service Act 1999; or

 (e) a direction issued by the Prime Minister under section 21 of the Public Service Act 1999; or

 (f) the Classification Rules made under section 23 of the Public Service Act 1999;

the latter prevails and the former, to the extent of the inconsistency, is invalid.

15  Subsection 19(6)

Omit “a person occupying such office in the Department as”, substitute “the APS employee in the Protective Service who”.

16  Subsection 20(4)

Omit “a person occupying such office in the Department as”, substitute “the APS employee in the Protective Service who”.

17  Section 23

Omit “Secretary”, substitute “Commissioner”.

18  Section 23

Omit “the person occupying a specified office in the Department”, substitute “an APS employee in the Protective Service”.

19  Subsection 24(1)

Omit “protective service officer”, substitute “APS employee in the Protective Service”.

20  Subsection 24(1)

Omit all the words after “Director under this”, substitute:

Act, other than:

 (a) this power of delegation; or

 (b) the power to issue General Orders; or

 (c) the powers the Director has because he or she is a protective service officer.

21  Subsection 25(1)

Omit “Secretary” (wherever occurring), substitute “Commissioner”.

Note: The heading to section 25 is altered by omitting “Secretary” and substituting “Commissioner”.

22  Subsection 25(1)

Omit “protective service officer”, substitute “APS employee in the Protective Service”.

23  Subsection 25(2)

Omit “Secretary”, substitute “Commissioner”.

24  Subsection 25(3)

Omit “Secretary” (wherever occurring), substitute “Commissioner”.

25  At the end of Part IV

Add:

27  Annual report

 (1) As soon as practicable after each 30 June, the Commissioner must prepare and give to the Minister a report on the administration and operations of the Protective Service during the year that ended on that date.

 (2) The Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sittings days of that House after the Minister receives the report.

 (3) The report may be combined with the report prepared by the Commissioner for that year under section 67 of the Australian Federal Police Act 1979.

26  Transitional—positions

(1) An office designated by the Secretary under section 7 or 8 of the Australian Protective Service Act 1987 as in force immediately before the commencement of this Act continues in existence under the Australian Protective Service Act 1987 as amended by this Act as if it were a position created by the Commissioner under that section as amended.

(2) To avoid doubt:

 (a) the person who was the Director of the Protective Service immediately before the commencement of this Act continues to be the Director of the Protective Service under the Australian Protective Service Act 1987 as amended by this Act; and

 (b) a person who was a protective service officer or a special protective service officer immediately before the commencement of this Act continues to be a protective service officer or a special protective service officer, as the case may be, under the Australian Protective Service Act 1987 as amended by this Act; and

 (c) identity cards issued under section 20 of the Australian Protective Service Act 1987 that were valid immediately before the commencement of this Act continue to be valid under the Australian Protective Service Act 1987 as amended by this Act; and

 (d) delegations under section 24 of the Australian Protective Service Act 1987 that were in force immediately before the commencement of this Act continue to be in force under the Australian Protective Service Act 1987 as amended by this Act.

27  Transitional—oaths and affirmations

An oath or affirmation made and subscribed under section 10 of the Australian Protective Service Act 1987 as in force immediately before the commencement of this Act is also taken to be an oath or affirmation made and subscribed under that section as amended by this Act.

28  Transitional—general orders

General orders in force under section 12 of the Australian Protective Service Act 1987 immediately before the commencement of this Act continue to be in force under that section as amended by this Act as if they were issued with the written approval of the Commissioner.

29  Transitional—section 23 certificates

A certificate signed by the Secretary for the purposes of section 23 of the Australian Protective Service Act 1987 as in force immediately before the commencement of this Act, has effect on and after the commencement of this Act as if it were signed by the Commissioner.

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 16 May 2002

Senate on 19 June 2002]

 

(107/02)


 

Overview

The Australian Protective Service Amendment Act 2002, enacted by the Parliament of Australia and assented to on 29 June 2002, was designed to amend the Australian Protective Service Act 1987 to improve the governance and administrative framework of the Australian Protective Service (APS). This Act sought to address certain structural and operational deficiencies in the original Act by realigning the roles and responsibilities within the APS. It aimed to clarify the roles of the Commissioner and the Director, redefine certain positions and terms, and ensure consistency with other relevant legislation such as the Public Service Act 1999 and the Australian Federal Police Act 1979. The overarching policy objective was to enhance the efficiency and effectiveness of the APS by providing a more robust legal foundation and clearer delineation of duties and authorities within the service.

Scope and Application

The Australian Protective Service Amendment Act 2002 amends the Australian Protective Service Act 1987, introducing several significant changes to the structure and operation of the Australian Protective Service (APS). This Act applies to APS employees who are defined under the Public Service Act 1999, the Commissioner of the Australian Federal Police as designated under the Australian Federal Police Act 1979, and the roles of Director and protective service officers within the APS. The amendments redefine the terms used in the original act, replacing references to the Secretary with the Commissioner and altering the definitions of key positions and roles within the service. The scope of the Act is national, as it pertains to the Commonwealth of Australia, impacting the federal level of governance. The Act also includes provisions for the continuation of existing positions, oaths, affirmations, and orders, ensuring a smooth transition under the new legislative framework. However, the Act does not specify any exclusions, exemptions, or thresholds, and it does not explicitly mention the extension or restriction of application through subordinate instruments.

Key Provisions

The Australian Protective Service Amendment Act 2002 (Act) makes significant amendments to the Australian Protective Service Act 1987 (APS Act). The key provisions of the Act are found in the amendments to definitions, the establishment of the Australian Protective Service, and the roles and responsibilities of the Commissioner and the Director of the Protective Service. Specifically, Section 1 of the Schedule amends the definition of key terms such as 'APS employee', 'Commissioner', 'Director', and 'protective service officer' to align with the Public Service Act 1999 and the Australian Federal Police Act 1979. Section 5 of the Schedule establishes the Australian Protective Service as a statutory agency under the Public Service Act 1999, with the Commissioner as the Head of the Agency and APS employees assisting the Commissioner. Section 7 allows the Commissioner to create a position for the Director of the Protective Service, while Section 8 permits the Commissioner to create positions for other protective service officers. The Act imposes several obligations on the parties it governs. The Commissioner, now in place of the Secretary, is responsible for creating positions for the Director and other protective service officers, and for the overall administration and operations of the Protective Service. The Commissioner must also prepare and submit an annual report to the Minister, who is then required to lay the report before each House of Parliament within 15 sitting days of receiving it. The Director and other protective service officers must adhere to the General Orders, which may be issued by the Commissioner. These orders can be invalidated if they conflict with other laws or regulations, as outlined in Section 12(3) of the Schedule. Breaches of the provisions in the Act can result in civil or criminal consequences, although specific offences and penalties are not detailed in the text. The Act, however, does indicate that the Commissioner has the authority to delegate certain powers, except for the power to issue General Orders and powers that the Director has due to being a protective service officer, as per Section 24(1) of the Schedule. The Act also ensures the continuity of existing positions, oaths, affirmations, general orders, and section 23 certificates during the transition period as outlined in Sections 26 to 29 of the Schedule.

Legal classification tags

Area of Law
Administrative Law
Public Service
Instrument
Amending Act
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Transitional Provisions
Delegated & Subordinate Legislation

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.