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Australian Federal Police Act 1979
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Attorney-General's Department
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C2023C00156 (C65)
01 July 2023
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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
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Part II—Constitution, functions and powers of the Australian Federal Police
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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
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Part III—Commissioner, Deputy Commissioners and AFP employees etc.
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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
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Division 2—AFP employees
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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
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Part IV—Commissioner’s command powers etc.
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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
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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
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Division 3—Special members
40E Special members
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Division 3A—Conferral of status of protective service officer
40EA AFP employees who are protective service officers
40EB Determination of competency or qualification requirements
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Division 3B—Special protective service officers
40EC Special protective service officers
40ED Powers and duties of special protective service officers
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Division 4—Secondment
40F Secondment of AFP employees to other police forces etc.
40G Effect of secondment on status as AFP employee etc.
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Division 5—Assignment and suspension of duties etc.
40H Assignment of duties etc.
40J Suspension from duties etc.
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Division 6—Declarations of serious misconduct
40K Termination of employment for serious misconduct
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Division 7—Submission of financial statements
40L Financial statements
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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
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Part V—Professional standards and AFP conduct and practices issues
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Division 1—Preliminary
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Subdivision A—Objects and simplified outline of Part
40RA Object of this Part
40RB Simplified outline of this Part
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Subdivision B—Professional standards for AFP appointees
40RC Commissioner may determine professional standards
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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
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Subdivision D—AFP conduct issues and AFP practices issues
40RH AFP conduct issues
40RI AFP practices issues
40RJ Exclusion of certain employment action
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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
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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
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Division 3—Dealing with AFP conduct or practices issues
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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
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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
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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
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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
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Subdivision E—Dealing with AFP practices issues
40TX Commissioner to ensure that appropriate action is taken in relation to AFP practices issue
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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
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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
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Division 6—Record keeping
40WA Record keeping
40WB Records about corruption issues
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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
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Division 8—Offences
40YA Victimisation
40YB Providing false information about AFP conduct or practices issues
40YC AFP appointees to provide name, etc.
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Division 9—Secrecy
40ZA Secrecy
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Part VA—Loss of certain superannuation rights and benefits
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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
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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
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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
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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
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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
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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
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
