Australian Federal Police Regulations 2018 (Cth)

Australian Federal Police Regulations 2018

I, General the Honourable Sir Peter Cosgrove AK MC (Ret'd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 16 August 2018

Peter Cosgrove Governor‑General

By His Excellency's Command

Peter Dutton Minister for Home Affairs Minister for Immigration and Border Protection

Contents Part 1—Preliminary 1 Name 2 Commencement 3 Authority 4 Schedule 4 5 Definitions Part 2—Employment Division 1—AFP employment decisions 6 Values for AFP employment decisions 7 Competence and qualifications of commissioned police officers 8 Suspension from duties 9 Suspension from duties—remuneration 10 Ending suspension from duties 11 Suspension from duties—directions relating to drug testing 12 Suspension of declarations under section 40B of the Act Division 2—Undertakings, oaths and affirmations relating to the performance of duties 13 Prescribed forms—undertakings 14 Prescribed forms—oaths and affirmations Division 3—Election candidates 15 Resignations to contest elections 16 Reinstatement of persons who resign to contest elections Division 4—Financial statements 17 Storage, handling, confidentiality and use of financial statements Division 5—Deductions from salaries to satisfy judgment debts 18 Purposes and application of this Division 19 Application of State or Territory laws 20 Paying officers 21 Authority to make deductions 22 More than one judgment debt 23 Effect of deductions 24 Rate of deductions 25 Administration of deductions 26 Recovery of overpayments Division 6—Conduct of AFP appointees 27 Intentionally prejudicing police services or protective service functions 28 Information—unauthorised disclosures 29 Information—unauthorised use or access 30 Bankrupt AFP appointees Division 7—Drug and alcohol testing Subdivision A—General provisions 31 Persons authorised to give directions in relation to drug and alcohol testing 32 Persons authorised to conduct tests and to operate equipment for that purpose 33 Conduct of tests—general 34 Security and destruction of body samples 35 Security and destruction of test results etc. relating to body samples 36 Disclosure of test results Subdivision B—Breath tests 37 Procedures to be followed in conducting breath tests 38 Approval by Commissioner of training courses Subdivision C—Blood tests and prohibited drug tests of body samples other than urine 39 Purposes of this Subdivision 40 Commissioner may determine that a facility is an authorised laboratory 41 Approval of facility to collect body samples 42 Approval of courses—collecting body samples 43 Taking of body samples 44 Analysis of body samples 45 Certificates 46 Disputed results Subdivision D—Prohibited drug tests using urine samples 47 Procedures to be followed 48 Approval by Commissioner of training courses Division 8—Miscellaneous 49 Certificates 50 Awards for bravery, other conspicuous conduct and diligent service 51 Voluntary retirement Part 3—Review of employment decisions Division 1—Purpose of this Part 52 Purposes of this Part Division 2—Retirement due to physical or mental incapacity 53 Application for review 54 Notification of review 55 Minimum requirements for conducting review 56 Requirement to provide information or documents 57 Conduct of review 58 Exclusion of information by Merit Protection Commissioner 59 Action by Commissioner of Police 60 Exclusion of information by Commissioner of Police Division 3—Process for review of AFP employment decisions 61 Process for review must exist Part 4—AFP property matters Division 1—Return of property 62 Return of property etc. 63 Application for warrant 64 Announcement before entry under warrant 65 Possession of warrant 66 Details of warrant etc. to be given to occupier 67 Right to observe execution of warrant 68 Responsibility to provide facilities and assistance 69 Powers of Magistrates Division 2—Disposal and retention of unclaimed property 70 Purpose of this Division 71 Return of claimable property that has been found 72 Disposal and retention of claimable property that has been found 73 Return or disposal of claimable property held for evidentiary use 74 Disposal of other property that has been found 75 Notice, and proceeds, of sale of property 76 Immediate disposal of property on the grounds of public health and safety or offensive nature 77 Return of market value of property 78 Person entitled to lawful possession may obtain sale proceeds Part 5—Miscellaneous 79 Delegations 80 Police services rendered to the public or to an authority of the Commonwealth 81 Waiver and exemption of fees Part 6—Transitional, savings and application provisions Division 1—Australian Federal Police Regulations 2018 82 Definitions 83 Things done under old regulations 84 Conduct, event, circumstances occurring before commencement 85 Saving forms Schedule 1—Forms for undertakings, oaths and affirmations relating to the performance of duties Form 1—Undertaking Form 2—Oath for Commissioner, Deputy Commissioner, member or special member Form 3—Affirmation for Commissioner, Deputy Commissioner, member or special member Form 4—Oath for protective service officer or special protective service officer Form 5—Affirmation for protective service officer or special protective service officer Schedule 2—Awards and criteria 1 Awards and criteria Schedule 3—Fees 1 Fees Schedule 4—Repeals Australian Federal Police Regulations 1979