House of Representatives

Explanatory Memorandum

(Circulated by authority of the Minister for Justice and Customs, Senator the Honourable Amanda Vanstone)

Schedule 2 - Amendment of other Acts

Administrative Decisions (Judicial Review) Act 1977

Item 1

This item repeals paragraphs (z) and (za) of Schedule 2 and substitutes decisions under sections 28, 40F or 40H of the Australian Federal Police Act 1979 .

Archives Act 1983

Item 2

This item repeals subparagraph 47(2)(a)(iiia) and substitutes a new provision to reflect the new description of members and staff members as AFP employees.

Canberra Water Supply (Googong Dam) Act 1974

Item 3

This item repeals paragraph 23(d) and substitutes a new provision to reflect the new description of members and staff members as AFP employees.

Complaints (Australian Federal Police) Act 1981

Item 4

This item repeals the definition of AFP appointee in subsection 3(1) and substitutes a new definition that reflects the description of members and staff members as AFP employees.

Item 5

This item amends subsection 3(1) to insert a new definition which provides that Commissioners Orders will have the same meaning as in the AFP Act.

Item 6

This item repeals the definition of Federal police officer in subsection 3(1) and substitutes a new provision that defines federal police officer as a member or a special member of the AFP.

Item 7

This item amends the definition of authorised appointee in subsection 6(5). General Orders or General Instructions is replaced with Commissioners Orders.

Items 8 and 9

These items repeal the definitions of General Instructions and General Orders in subsection 6(5).

Item 10

This item amends subsection 6B(1) to replace the term a senior member with an authorised member. The Commissioner will authorise members for the purposes of section 6B.

Item 11

This item repeals subsection 6B(7) and substitutes a new provision. An authorised member will now be an AFP appointee who is a member of the AFP and who is authorised in writing by the Commissioner for the purposes of this section.

Item 12

This item amends subsection 21(5) to replace General Orders or General Instructions with Commissioners Orders.

Items 13 and 14

These items amend section 52B to remove references to reductions in rank or level.

Item 15

This item amends subsection 53(3) to remove reference to reductions in rank or level.

Item 16

This item amends subsection 67(7) to remove reference to reduction in rank.

Crimes Act 1914

Item 17

This item repeals the definition of Assistant Commissioner in subsection 3(1).

Item 18

This item repeals and substitutes paragraph (b) of the definition of Commonwealth officer in subsection 3(1).

Item 19

This item repeals and substitutes paragraph (a) of the definition of law enforcement officer in subsection 3(1).

Item 20

This item inserts a new definition into subsection 3(1), stating that senior executive AFP employee will have the same meaning as in the AFP Act.

Item 21

This item amends paragraph 15J(a). Reference to an Assistant Commissioner is replaced with a reference to a senior executive AFP employee who is a member and who is authorised in writing by the Commissioner for the purposes of that section.

Item 22

This item amends subsection 15R(1). Reference to an Assistant Commissioner is replaced with a reference to a senior executive AFP employee who is authorised under section 15J.

Item 23

This item amends paragraph 15S(4)(a). Reference to an Assistant Commissioner is replaced with a reference to a senior executive AFP employee who is authorised under section 15J.

Crimes (Aviation) Act 1991

Item 24

This item repeals paragraph (b) of the definition of authorised person in subsection 3(1) and substitutes a new paragraph which refers to a member of the AFP, or an officer of the police force (however described) of a State or Territory of or above the rank of sergeant.

Crimes (Superannuation Benefits) Act 1989

Item 25

This item inserts a new definition into subsection 2(1), stating that an AFP employee has the same meaning as in the AFP Act

Item 26

This item amends subsection 7(1) to describe members and staff members as AFP employees.

Director of Public Prosecutions Act 1983

Item 27

This item amends section 13 to describe members and staff members as AFP employees. The Commissioner and Deputy Commissioner are also included as they were formerly included as members but are not AFP employees.

Disability Discrimination Act 1992

Item 28

This item repeals paragraph (g) of the definition of Commonwealth employee in subsection 4(1) to reflect changes to the description of members and staff members of the AFP. The new section will now refer to the Commissioner, a Deputy Commissioner, an AFP employee, or a special member.

Evidence Act 1995

Item 29

This item repeals paragraphs (b) and (c) of the definition of authorised person in subsection 171(3) to reflect changes to the description of members and staff members of the AFP. The new paragraphs will now refer to an AFP employee, and a special member of the AFP.

Item 30

This item amends subsection 180(1) to bring it into line with the new structure, terminology and employment regime of the AFP Act. Accordingly, the term a member of the Australian Federal Police is replaced with a reference to AFP employees or special members.

Item 31

This item repeals the definition of member of the Australian Federal Police in Part 1 of the Dictionary.

Item 32

This item inserts the term or special member after member in paragraph (a) of the definition of police officer in Part 1 of the Dictionary.

Long Service Leave (Commonwealth Employees) Act 1976

Item 33

This item repeals and replaces subsection 10(2A). For the purposes of this Act, the Commissioner, a Deputy Commissioner, or an AFP employee is taken to be employed in Government Service.

Merit Protection (Australian Government Employees) Act 1984

Item 34

This item repeals subparagraph 85(2)(k)(i) and substitutes a new subparagraph that refers to AFP employees.

Migration Act 1958

Item 35

This item amends subsection 143(2) to reflect the changes to the rank structure of the AFP. The phrase a member, of the Australian Federal Police of a rank not lower than Superintendent, is replaced with a reference to a commissioned police officer within the meaning of the AFP Act.

Occupational Health and Safety (Commonwealth Employment) Act 1991

Item 36

This item inserts a new definition into subsection 8(2), providing that AFP employee has the same meaning as in the AFP Act.

Item 37

This item amends subsection 8(2). The term a member is replaced with a reference to the Commissioner, a Deputy Commissioner, or an AFP employee.

Item 38

This item repeals the definition of member in subsection 8(2).

Item 39

This item amends the definition of unauthorised person in subsection 8(2). Reference to a member is replaced with a reference to an AFP employee.

Item 40

This item repeals paragraph 9(2)(a) and substitutes a paragraph that refers to the Commissioner, a Deputy Commissioner, or an AFP employee.

Item 41

This item amends subsection 9(2) to bring it into line with the new structure, terminology and employment regime of the AFP Act. The phrase such a member or staff member of the Australian Federal Police or member of the Defence Force or is replaced with the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee, by the persons performance of duties as such a member of the Defence Force or by the persons performance of.

Privacy Act 1988

Items 42 to 46

These items repeal paragraph (d) of the definition of Commonwealth officer in subsection 6(1), paragraph 8(1)(c), paragraph 9(2)(b), paragraph 10(2)(b) and paragraph 11(2)(c) and substitute paragraphs that refer to the Commissioner of the AFP, a Deputy Commissioner of the AFP, an AFP employee, and a special member of the AFP

Public Service Act 1922

Items 47 and 48

These items repeal paragraphs 87(2)(d) and 87J(2)(b) and substitute paragraphs that refer to service as a Deputy Commissioner and employment as an AFP employee within the meaning of the Australian Federal Police Act 1979 ).

Radiocommunications Act 1992

Item 49

This item repeals paragraph (d) of the definition of Commonwealth officer in section 5 and substitutes a paragraph that refers to the Commissioner, a Deputy Commissioner, an AFP employee and a special member of the AFP.

Safety, Rehabilitation and Compensation Act 1988

Item 50

This item repeals paragraph 5(2)(a) and substitutes a paragraph that refers to the Commissioner, a Deputy Commissioner, or an AFP employee.

Item 51

This item amends subsection 5(2) by omitting such a member or staff member of the Australian Federal Police or member of the Defence Force or and substituting the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee, by the persons performance of duties as such a member of the Defence Force or by the persons performance of.

Service and Execution of Process Act 1992

Item 52

This item repeals the definition of member in subsection 3(1).

Items 53 to 55

These items amend paragraph 82(3)(c) and paragraph 84(5)(b) and subparagraph 84(6)(b)(iii) by inserting or special member after the word member.

Superannuation Act 1976

Item 56

This item amends subsection 3(5A) by omitting a member or staff member of the Australian Federal Police (other than the Commissioner of Police or a Deputy Commissioner of Police) and replacing it with an AFP employee (within the meaning of the Australian Federal Police Act 1979 ).

Superannuation Act 1990

Item 57

This item amends section 10 by omitting a member or staff member of the Australian Federal Police (other than the Commissioner of Police or a Deputy Commissioner of Police) and replacing it with an AFP employee (within the meaning of the Australian Federal Police Act 1979 ).

Telecommunications (Interception) Act 1979

Item 58

This item inserts a new definition of AFP employee into subsection 5(1). AFP employee has the same meaning as in the AFP Act.

Item 59

This item amends paragraph (a) of the definition of certifying officer in subsection 5(1) because there will no longer be an Assistant Commissioner in the AFP. The phrase a member of the rank of Assistant Commissioner is replaced with a reference to a senior executive AFP employee who is a member and who is authorised in writing by the Commissioner for the purpose of this paragraph.

Item 60

This item repeals subparagraph (b)(iia) of the definition of permitted purpose in subsection 5(1) and replaces it with a paragraph that refers to the making by a person of a decision under the AFP Act in relation to the engagement of an AFP employee, the retirement of an AFP employee, or the termination of the employment of an AFP employee or in relation to the appointment or termination of the appointment of a special member of the AFP.

Item 61

This item inserts a new definition into subsection 5(1), stating that the term senior executive AFP employee has the same meaning as in the AFP Act.

Item 62

This item repeals and replaces the definition of staff member in subsection 5(1). A staff member is defined as an AFP employee who is not a member of the AFP.

Item 63

This item amends subsection 6N(2). The phrase staff members of the Australian Federal Police is omitted and replaced with a reference to AFP employees who are not members of the AFP.

Item 64

This item amends paragraph 47(b) to replace the reference to a member or staff member of the AFP with a reference to the Commissioner, a Deputy Commissioner, an AFP employee or a special member of the AFP.

Witness Protection Act 1994

Item 65

This item inserts a new definition into section 3 stating that AFP employee has the same meaning as in the AFP Act.

Item 66

This item amends the definition of designated position in section 3 to replace the reference to a member or staff member of the AFP with a reference to a Deputy Commissioner, an AFP employee or a special member of the AFP.

Item 67

This item repeals the definition of staff member in section 3.

Items 68 to 70

These items amend subsection 4(1), subsection 9(3) and subsection 12(1) to replace references to a member or members and a staff member or staff members with a reference to a person or persons.

Item 71

This item amends subsection 13(1) to replace the reference to members and staff members of the AFP with a reference to the Commissioner, a Deputy Commissioner, AFP employees and special members of the AFP.

Item 72

This item amends paragraph 13(2)(b) to replace references to members and staff members with a reference to persons.

Item 73

This item amends paragraph 20(f) to replace the reference to members or staff members with a reference to the Commissioner, a Deputy Commissioner, AFP employees or special members of the AFP.

Item 74

This item amends paragraph 22(2)(c) to replace the phrase any member or staff member with a reference to the Commissioner, a Deputy Commissioner, any AFP employee or any special member of the AFP.

Items 75 to 77

These items amend subsection 25(1) and subsection 25(2) replacing references to a member or a staff member with references to a person.

Item 78

This item amends subsection 26(1). The phrase a member or a staff member is replaced with a reference to a Deputy Commissioner, an AFP employee or a special member of the AFP.

Workplace Relations Act 1996

Item 79

This item repeals subsection 4(10) of the WR Act.

Item 80

This item inserts a note at the end of section 4 which states that section 69B of the Australian Federal Police Act 1979 provides that the WR Act does not apply to certain matters relating to AFP employees.

Item 81

This item repeals paragraph 5(3)(e) of the WR Act.

Item 82

This item repeals Clause 3 of Schedule 1 of the WR Act. Exemptions of certain AFP matters from the Act are now contained in the AFP Act.