Crimes Legislation Amendment Act 2011 (2 of 2011)

Schedule 4   Amendments relating to special payments to AFP appointees

Australian Federal Police Act 1979

4   After Division 3 of Part III

Insert:

Division 3A - Payments in special circumstances

35A Payments in special circumstances

(1) The Commissioner may authorise the making of payments to a person (the payee ) under subsection (2) if the Commissioner considers it appropriate to do so because of special circumstances that relate to, or arise out of:

(a) the payee's engagement as an AFP appointee; or

(b) another person's engagement as an AFP appointee.

(2) The Commissioner may authorise the making of any of the following payments:

(a) one or more payments of an amount or amounts specified in the authorisation (or worked out in accordance with the authorisation);

(b) periodical payments of an amount specified in the authorisation (or worked out in accordance with the authorisation), during a period specified in the authorisation (or worked out in accordance with the authorisation).

(3) Payments may be authorised under this section even though the payments would not otherwise be authorised by law or required to meet a legal liability.

(4) An authorisation cannot be made under this section if it would involve, or be likely to involve, a total amount of more than $100,000.

(5) Conditions may be attached to payments under this section. If a condition is breached, the payment may be recovered by the Commonwealth as a debt in a court of competent jurisdiction.

Note: Payments under this section must be made from money appropriated by the Parliament. Generally, a payment can be debited against the Australian Federal Police's annual appropriation, providing that it relates to some matter that has arisen in the course of its administration.