Australian Federal Police Act 1979 (Cth)

Australian Federal Police Act 1979

No. 58, 1979

Compilation No. 65

Compilation date: 1 July 2023

Includes amendments up to: Act No. 89, 2022

Registered: 13 July 2023

About this compilation

This compilation

This is a compilation of the Australian Federal Police Act 1979 that shows the text of the law as amended and in force on 1 July 2023 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents Part I—Preliminary 1 Short title 2 Commencement 3 Repeal 3A Overview of Act 4 Interpretation 4AA State offences that have a federal aspect 4A Commissioner may specify prohibited drugs 5 References in other laws 5A Application and extension of Act and regulations 5B Application of the Criminal Code Part II—Constitution, functions and powers of the Australian Federal Police Division 1—Constitution, functions and laws conferring powers on members etc. 6 Constitution of the Australian Federal Police 8 Functions 8A Minister may direct which functions are protective service functions 9 Laws conferring powers on members 10 Appointment of members to other Police Forces 11 State and Territory writs and warrants 12 Immunities from certain State and Territory laws 12A Immunity from State and Territory laws in relation to entry etc. of police dogs on premises etc. Division 3—Powers and duties of protective service officers 14A Powers of arrest 14B Use of force in making arrest etc. 14C Arrested person to be informed of grounds of arrest 14D Search of arrested person 14E How arrested person to be dealt with 14F Release of arrested person 14G Relationship of Division to other laws Division 4—Powers and duties of members, special members and protective service officers relating to protective service functions 14H Definitions 14I Requirement to provide name etc. 14J Stopping and searching 14K Seizure of things found 14L How seized things must be dealt with 14M Application to magistrate 14N Relationship of Division to other laws Part III—Commissioner, Deputy Commissioners and AFP employees etc. Division 1—Commissioner and Deputy Commissioners 17 Commissioner and Deputy Commissioners 18 Acting Commissioner and Deputy Commissioner during vacancy 19 Absence etc. of Commissioner or Deputy Commissioner 20 Remuneration and allowances 21 Leave of absence 22 Termination of appointment Division 2—AFP employees Subdivision A—Engagement of AFP employees etc. 23 Employer powers etc. of Commissioner 24 Engagement of AFP employees 25 Senior executive AFP employees 26 Continuous employment Subdivision B—Remuneration and other terms and conditions 27 Remuneration and other conditions Subdivision C—Termination of employment 28 Termination of employment by Commissioner Subdivision D—Resignation and retirement 30 Resignation 30A Resignation in anticipation of termination of employment 31 Retirement upon reaching minimum retiring age 32 Retirement on invalidity grounds 33 Time when retirement on invalidity grounds takes effect 34 Voluntary retirement for the purposes of the Superannuation Act Division 3—Consultants and independent contractors 35 Commissioner may engage consultants or independent contractors Division 3A—Payments in special circumstances 35A Payments in special circumstances Division 4—Undertakings and oaths or affirmations 36 Undertakings and oaths or affirmations Part IV—Commissioner's command powers etc. Division 1—Administration and control etc. 37 General administration and control 38 Commissioner's Orders 39 Compliance with Commissioner's Orders 40 Compliance with specific directions, instructions or orders 40A Self‑incrimination Division 2—Conferral of status of member and conferral of commissions 40B AFP employees who are members of the Australian Federal Police 40C Determination of competency or qualification requirements 40D Commissioned police officers Division 3—Special members 40E Special members Division 3A—Conferral of status of protective service officer 40EA AFP employees who are protective service officers 40EB Determination of competency or qualification requirements Division 3B—Special protective service officers 40EC Special protective service officers 40ED Powers and duties of special protective service officers Division 4—Secondment 40F Secondment of AFP employees to other police forces etc. 40G Effect of secondment on status as AFP employee etc. Division 5—Assignment and suspension of duties etc. 40H Assignment of duties etc. 40J Suspension from duties etc. Division 6—Declarations of serious misconduct 40K Termination of employment for serious misconduct Division 7—Submission of financial statements 40L Financial statements Division 8—Drug testing 40LA Authorised managers may require AFP appointees to undergo alcohol screening tests etc. 40M Prescribed persons may require AFP appointees to undergo alcohol screening tests, alcohol breath tests or prohibited drug tests etc. 40N Alcohol screening tests, alcohol breath tests and prohibited drug tests after certain incidents 40P Regulations 40PA Managers who may require alcohol screening tests 40Q Admissibility of test results etc. in legal proceedings 40R Approval of screening devices Part V—Professional standards and AFP conduct and practices issues Division 1—Preliminary Subdivision A—Objects and simplified outline of Part 40RA Object of this Part 40RB Simplified outline of this Part Subdivision B—Professional standards for AFP appointees 40RC Commissioner may determine professional standards Subdivision C—Unit within Australian Federal Police to undertake professional standards functions 40RD Unit to be constituted 40RE Head of unit 40RF Assignment of members, and special members, to unit 40RG Member or special member in unit may be directed to perform other duties Subdivision D—AFP conduct issues and AFP practices issues 40RH AFP conduct issues 40RI AFP practices issues 40RJ Exclusion of certain employment action Subdivision E—Categories of AFP conduct issues and managers 40RK Categories of conduct 40RL Categories of AFP conduct issues 40RM AFP Commissioner and Ombudsman to determine the kinds of conduct that are to be category 1, category 2 or category 3 conduct 40RN Category 1 conduct 40RO Category 2 conduct 40RP Category 3 conduct 40RQ Managers for particular categories of AFP conduct issues Division 2—Raising AFP conduct and practices issues with the AFP for action under Division 3 40SA Giving information that raises an AFP conduct or practices issue 40SB Arrangements for person in custody to give information 40SC Recording and dealing with information given under section 40SA 40SD Commissioner may decide that AFP conduct issue should be dealt with under this Part 40SE Recording and dealing with information referred under section 40SD Division 3—Dealing with AFP conduct or practices issues Subdivision A—Preliminary 40TA Commissioner's orders about how AFP conduct or practices issues are dealt with 40TB Dealing with related AFP conduct issues that have different categories 40TC Training and development action 40TD Remedial action 40TE Termination action Subdivision B—Discretion to take no further action in relation to issue 40TF Discretion to take no further action in relation to AFP conduct or practices issue Subdivision C—Dealing with category 1 and category 2 conduct issues 40TG When Subdivision applies 40TH How issue is dealt with 40TI Action that may be taken in relation to category 1 conduct 40TJ Action that may be taken in relation to category 2 conduct 40TK AFP practices issue identified in course of dealing with AFP conduct issue Subdivision D—Dealing with category 3 conduct issues and corruption issues 40TL When Subdivision applies 40TM Head of unit constituted under section 40RD to notify Ombudsman of category 3 conduct issues 40TN Head of unit constituted under section 40RD generally allocates issues for investigation 40TO Commissioner must allocate issue to someone outside unit constituted under section 40RD in certain circumstances 40TP Persons eligible to have category 3 conduct issue or corruption issue allocated to them 40TQ How category 3 conduct issue or corruption issue is dealt with 40TR Recommendations that may be made in relation to category 3 conduct or corrupt conduct 40TS Investigative powers 40TU Report of investigation 40TV Taking action on report 40TW AFP practices issue identified in course of dealing with AFP conduct issue Subdivision E—Dealing with AFP practices issues 40TX Commissioner to ensure that appropriate action is taken in relation to AFP practices issue Division 4—Ministerially directed inquiries 40UA Minister may arrange special inquiries 40UB Minister to inform certain persons and bodies of inquiry 40UC Division 3 investigation may be suspended pending outcome of inquiry 40UD Reports of special inquiries Division 5—Investigative powers 40VA Application of Division 40VB Manner of conducting investigation or inquiry 40VC Obtaining information and making inquiries 40VD Relationship with other laws 40VE Directions to AFP appointee 40VF Entering and searching AFP premises 40VG Special powers if investigator conducting inquiry under Division 4 40VH Offences Division 6—Record keeping 40WA Record keeping 40WB Records about corruption issues Division 7—Ombudsman review 40XA Annual reviews by Ombudsman 40XB Ad hoc reviews by Ombudsman 40XC Commissioner to provide information and access to documents 40XD Annual reports by Ombudsman Division 8—Offences 40YA Victimisation 40YB Providing false information about AFP conduct or practices issues 40YC AFP appointees to provide name, etc. Division 9—Secrecy 40ZA Secrecy Part VA—Loss of certain superannuation rights and benefits Division 1—Introductory 41 Definitions 41A Old law members or staff members 42 Related offences 42A Abscond 42B Charge with offence 42C Conviction and quashing of conviction 42D Property of a person 42E Dealing with property 42F Effective control of property 42G Sufficient consideration 42H Application of Part to convictions and offences 42J Crown bound Division 2—Loss of superannuation: corruption offences 43 Notice of charge etc. 44 Authority to apply for superannuation order 45 Application for superannuation order 45A Application for superannuation order: evidence 46 Superannuation orders 46A When does a superannuation order take effect? 47 Effect of superannuation order 47A Superannuation orders: variation 47B Superannuation orders: revocation Division 3A—Restraining orders 49A Application for restraining order 49B Making of restraining orders 49C Restraining order may be subject to conditions 49D Affidavit of police officer needed in certain cases 49E Notice of application for restraining order 49EA Extension of certain restraining orders 49F Persons who may appear and adduce evidence 49G Witnesses not required to answer questions etc. in certain cases 49H Notice of restraining orders 49J Ancillary orders 49K Charge on property subject to restraining order 49L Registration of restraining orders 49M Contravention of restraining orders 49N Restraining orders: revocation 49P When do restraining orders cease to have effect? 49Q Extension of period of effect of restraining orders 49R Notice of applications Division 4—Miscellaneous 51 Person ceases to be an AFP employee: persons charged with corruption offences 53A Court may lift corporate veil etc. 54 Amounts payable under section 46, 47, 47B or 51 54A Multiple payments in respect of same employee contributions not allowed 55 Possible superannuation order not to be taken into account in sentencing 56 Constitution of appropriate courts Part VI—Miscellaneous 60A Secrecy 61 Awards for bravery etc. 62 Dishonestly representing conferral of police awards 63 Personation etc. of member or special member 63A Personation etc. of protective service officer or special protective service officer 63B Possession of documents etc. 64 Assault etc. 64A Members in uniform to wear identification numbers 64AAA Protective service officers in uniform to wear identification numbers 64AA Suspended AFP employees who are members 64AAB Suspended AFP employees who are protective service officers 64B Liability for wrongful acts of members 66 Protection of persons in respect of work reports 67 Annual reports 68 Proof of appointment, status of member etc. 68A Certificates in relation to transferred PSOs 69 Prohibition of patronage and favouritism 69A Persons engaged overseas as employees 69B Limited operation of Fair Work Act 69C Delegation 69D Secondment of persons to assist the Australian Federal Police 69E Commissioner may charge for certain protective services 70 Regulations Part VII—Transitional 71 Interpretation of Part VII 75 Recognition of previous service for certain purposes 77 Accrued leave 80 Powers and duties in relation to Commonwealth places Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to establish the Australian Federal Police, and for related purposes