Statutory Rules
1975 No. 46
REGULATIONS UNDER THE COMMONWEALTH POLICE ACT 1957-1973.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Commonwealth Police Act 1957-1973.
Dated this twenty-seventh day of March, 1975.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
KEP ENDERBY
Attorney-General.
____
Amendments of the Commonwealth Police Regulations
Interpretation.
1. Regulation 3 of the Commonwealth Police Regulations is amended—
(a) by inserting in sub-regulation (1), after the definition of “the Deputy Commissioner”, the following definition:—
“‘the Permanent Head’ means the Permanent Head of the Department of Police and Customs;”; and
(b) by omitting from that sub-regulation the definition of “the Secretary”.
Executive officers of the Police Force.
2. Regulation 4 of the Commonwealth Police Regulations is amended by omitting the words “and the office of Deputy Commissioner” and substituting the words “, the office of Deputy Commissioner of Police and theoffices of Assistant Commissioners”.
Limitation of actions.
3. Regulation 59 of the Commonwealth Police Regulations is amended—
(a) by inserting in sub-regulation (1), after the words “Deputy Commissioner” (first and second occurring), the words “, an Assistant Commissioner of Police”; and
(b) by inserting in that sub-regulation, after the words “Deputy Commissioner” (third occurring), the words “, Assistant Commissioner of Police”.
* Notified in the Australian Government Gazette on 27 March 1975.
† Statutory Rules 1960, No. 24, as amended by Statutory Rules 1965, No. 101.
First Schedule.
4. The First Schedule to Commonwealth Police Regulations is amended by omitting the words—
“To: The Secretary,
Attorney-General’s Department,”.
and substituting the words—
“To: The Permanent Head,
Department of Police and Customs,”.
Further amendments.
5. The following provisions of the Commonwealth Police Regulations are amended by omitting the word “Secretary” (wherever occurring) and substituting the words “Permanent Head”:—
Regulations 3 (3), 6, 7 (1) and (3), 10, 23 (1), (3) and (4), 30 (5), 33, 35 (2) (c), 36 (2), 38, 43, 52 and 55 (4).
Overview
Statutory Rules 1975 No. 46, known as the Commonwealth Police Regulations 1975, was enacted to amend the existing Commonwealth Police Regulations under the Commonwealth Police Act 1957-1973. This legislative instrument was introduced to address the need for updating the regulatory framework governing the Commonwealth Police Force, particularly in light of structural changes within the Department of Police and Customs. The regulations were made by the Governor-General of Australia, acting on the advice of the Executive Council, and were designed to align the regulatory language with the new organisational structure, replacing references to the Secretary with references to the Permanent Head of the Department of Police and Customs. The policy objective behind these amendments was to ensure that the regulations accurately reflect the current roles and responsibilities within the department, thereby maintaining effective governance and oversight of the police force.
Scope and Application
These regulations, made under the Commonwealth Police Act 1957-1973, primarily amend the Commonwealth Police Regulations to reflect changes in the organisational structure and leadership within the Commonwealth Police Force. The regulations apply to the Commonwealth Police Force and its executive officers, including the Deputy Commissioner and Assistant Commissioners of Police. They also impact any entities or individuals interacting with the Commonwealth Police Force in an official capacity as governed by these regulations. The geographic scope of the Act is national, affecting all operations and activities of the Commonwealth Police Force across Australia. The amendments include updating definitions and references to reflect the new title of the Permanent Head of the Department of Police and Customs, replacing the previous Secretary position, and adjusting references accordingly throughout the regulations. Additionally, the regulations adjust the scope of certain provisions to accommodate the new structure, including the limitation of actions that can be taken by certain officers within the force. These regulations do not explicitly state any exclusions or thresholds but rather focus on aligning the regulatory framework with the current organisational changes within the Commonwealth Police Force.
Key Provisions
The Statutory Rules 1975 No. 46 under the Commonwealth Police Act 1957-1973 brings several amendments to the Commonwealth Police Regulations. Most notably, it amends the definitions and roles within the Police Force (regs 1 and 2). Regulation 3 alters the definition of “the Permanent Head” and removes “the Secretary,” while Regulation 4 expands the definition of executive officers to include Assistant Commissioners. Regulation 59 further clarifies the roles by inserting references to Assistant Commissioners in relevant sub-regulations.
These amendments impose specific obligations on the parties governed by these regulations, primarily within the Department of Police and Customs. The change in definitions and roles necessitates that all references to the former Secretary and certain executive officers be updated to reflect the new titles and responsibilities. This includes updating internal documents, communication protocols, and any legal references to ensure compliance with the new structure.
Failure to comply with these regulations can result in both civil and criminal consequences. While the specific penalties are not detailed within the legislative instrument itself, breaches of regulations under the Commonwealth Police Act 1957-1973 could typically lead to fines, administrative penalties, or other legal repercussions as prescribed by the overarching act. The exact penalties would depend on the nature and severity of the breach, as well as any additional provisions or guidelines provided in the main act or other relevant legislation.