COMMONWEALTH POLICE ACT 1957 [Note: This Act is "repealed" by Act No. 58 of 1979]
(#DATE 19:12:1973)
Compilation Information
- Reprinted as at 19 December 1973
COMMONWEALTH POLICE ACT 1957-1973 - TABLE OF PROVISIONS
TABLE
COMMONWEALTH POLICE ACT 1957-1973
TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Repeal of Peace Officers Act
4. Constitution of Commonwealth Police Force
5. Commonwealth Police Officers
6. Powers, &c., of Commonwealth Police Officers
7. Impersonation of Commonwealth Police Officers
8. Resignation
9. Consequences of dismissal or resignation
10. Special Commonwealth Police Officers
11. Annual report
12. Delegation of powers and functions of Attorney-General
13. Regulations
THE SCHEDULE
Oath and Affirmation
COMMONWEALTH POLICE ACT 1957-1973 - SECT. 1.
Short title.
SECT
COMMONWEALTH POLICE ACT 1957-1973
An Act to establish a Commonwealth Police Force.
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Commonwealth Police Act 1957-1973.*
COMMONWEALTH POLICE ACT 1957-1973 - SECT. 2.
Commencement.
SECT
2. This Act shall come into operation on a date to be fixed by
Proclamation.*
COMMONWEALTH POLICE ACT 1957-1973 - SECT. 3.
Repeal of Peace Officers Act.
SECT
3. (1) The Peace Officers Act 1925 is repealed.
(2) Any reference in any law of the Commonwealth to a Peace Officer
appointed in pursuance of the Peace Officers Act 1925 shall be read as a
reference to a Commonwealth Police Officer holding office under this Act.
COMMONWEALTH POLICE ACT 1957-1973 - SECT. 4.
Constitution of Commonwealth Police Force.
SECT
4. (1) There shall be a Commonwealth Police Force, which shall consist of-
(a) Commonwealth Police Officers of such number, ranks and grades as the
Attorney-General, with the concurrence of the Public Service Board,
determines; and
(b) special Commonwealth Police Officers appointed in pursuance of section
ten of this Act.
(2) The regulations may provide that the person for the time being occupying
or performing the duties of a specified office in the Public Service of the
Commonwealth shall be an executive officer of the Commonwealth Police Force
and that person shall be deemed to be a Commonwealth Police Officer for the
purposes of sections three, six, seven and thirteen of this Act.
COMMONWEALTH POLICE ACT 1957-1973 - SECT. 5.
Commonwealth Police Officers.
SECT
5. (1) In this section, '' Commonwealth Police Officer '' means a
Commonwealth Police Officer referred to in paragraph (a) of sub- section (1)
of the last preceding section.
(2) Subject to this section, the Attorney-General may appoint persons to be
Commonwealth Police Officers.
(3) A person is not eligible to be appointed a Commonwealth Police Officer
unless-
(a) he is a British subject;
(b) except as prescribed, he has passed a medical examination as to his
health and physical fitness in accordance with a standard approved by the
Attorney-General; and
(c) he makes and subscribes, before a person authorized by the
Attorney-General, an oath or affirmation in accordance with the form in the
Schedule to this Act.
(4) Commonwealth Police Officers appointed in pursuance of sub-section (2)
of this section are not subject to the Public Service Act 1922-1957 and their
terms and conditions of service are such as the Attorney-General, with the
concurrence of the Public Service Board, determines.
(5) Determinations made in pursuance of the last preceding sub- section
shall be in writing, but shall be deemed not to be Statutory Rules within the
meaning of the Rules Publication Act 1903-1939.
Amended by No. 216, 1973, s. 3.
(6) Where a Commonwealth Police Officer appointed in pursuance of
sub-section (2) of this section was, immediately before his appointment, an
officer of the Public Service of the Commonwealth-
(a) he retains his existing and accruing rights; and
(b) for the purpose of determining those rights, his service as a
Commonwealth Police Officer shall be taken into account as if it were service
in the Public Service of the Commonwealth.
Sub-section (7) omitted by No. 216, 1973, s. 3.
* * * * * * * *
COMMONWEALTH POLICE ACT 1957-1973 - SECT. 6.
Powers, &c., of Commonwealth Police Officers.
SECT
6. (1) In addition to any other powers and duties, a Commonwealth Police
Officer has-
(a) the like powers and duties as are conferred or imposed on a constable
by or under a law of the Commonwealth; and
(b) in relation to-
(i) the laws of the Commonwealth;
(ii) matters in connexion with property of the Commonwealth or of an
authority of the Commonwealth; and
(iii) matters arising on or in connexion with land or premises owned or
occupied by the Commonwealth or an authority of the Commonwealth,
the like powers and duties as are conferred or imposed on a constable, or on
an officer of police of the same rank as the Commonwealth Police Officer, in
the place in which the Commonwealth Police Officer is acting.
(2) Where any provisions of a law of a State apply in relation to offences
against the laws of the Commonwealth, those provisions so apply as if-
(a) any reference in those provisions to a constable included a reference
to a Commonwealth Police Officer; and
(b) any reference in those provisions to an officer of police of a
particular rank included a reference to a Commonwealth Police Officer of that
rank.
Amended by No. 216, 1973, s. 3.
(3) Where a writ or warrant is issued under the law of a State or Territory
in relation to an offence or other matter under a law of the Commonwealth, the
writ or warrant may, notwithstanding that it is not addressed to a
Commonwealth Police Officer and notwithstanding any requirement of the law of
the State or Territory as to the person by whom it may be executed, be
executed by a Commonwealth Police Officer.
Amended by No. 216, 1973, s. 3.
(4) A Commonwealth Police Officer is not required under, or by reason of, a
law of a State or Territory-
(a) to obtain or have a licence or permission for doing an act or thing in
the performance of his duties or the exercise of his powers as a Commonwealth
Police Officer; or
(b) to register any vehicle, vessel, animal or article belonging to the
Commonwealth.
(5) In this section-
''authority of the Commonwealth'' includes any authority or body, whether
corporate or not, constituted by or under a law of the Commonwealth;
''powers and duties'' includes authorities, rights, privileges, immunities
and responsibilities.
COMMONWEALTH POLICE ACT 1957-1973 - SECT. 7.
Impersonation of Commonwealth Police Officers.
SECT
Amended by No. 93, 1966, s. 3.
7. A person, not being a Commonwealth Police Officer, shall not-
(a) personate or pass himself off as a Commonwealth Police Officer; or
(b) wear or display any uniform or badge of a Commonwealth Police Officer,
any colourable imitation of such a uniform or badge, or any uniform or badge
so closely resembling such a uniform or badge as to be likely to deceive.
Penalty: Two hundred dollars or imprisonment for six months.
COMMONWEALTH POLICE ACT 1957-1973 - SECT. 8.
Resignation.
SECT
8. (1) A Commonwealth Police Officer is not at liberty to resign his office
or withdraw from his duties unless he is expressly authorized so to do by the
Attorney-General or he gives to the Attorney-General three months' notice in
writing of his intention so to resign or withdraw.
Amended by No. 93, 1966, s. 3.
(2) A Commonwealth Police Officer shall not resign from his office or
withdraw from his duties without so obtaining authority or giving notice.
Penalty: Two hundred dollars or imprisonment for six months.
COMMONWEALTH POLICE ACT 1957-1973 - SECT. 9.
Consequences of dismissal or resignation.
SECT
9. (1) When a Commonwealth Police Officer is dismissed or otherwise ceases
to hold his office all powers and authorities vested in him immediately
cease.
Amended by No. 93, 1966, s. 3.
(2) When a Commonwealth Police Officer is dismissed or otherwise ceases to
hold his office he shall forthwith deliver to a person appointed by the
Attorney-General all accoutrements, clothing or other property supplied to him
for the purposes of his office or in his custody by virtue of his office.
Penalty: Two hundred dollars or imprisonment for six months.
COMMONWEALTH POLICE ACT 1957-1973 - SECT. 10.
Special Commonwealth Police Officers.
SECT
10. (1) The Attorney-General may, at any time and on such terms and
conditions as he thinks fit, appoint such special Commonwealth Police Officers
as he thinks fit and all special Commonwealth Police Officers so appointed
shall, during the continuance of their appointment, be Commonwealth Police
Officers under this Act.
(2) A special Commonwealth Police Officer shall, before proceeding to
discharge his duties as such, make and subscribe, before a person authorized
by the Attorney-General, an oath or affirmation in accordance with the form in
the Schedule to this Act.
COMMONWEALTH POLICE ACT 1957-1973 - SECT. 11.
Annual report.
SECT
11. The Attorney-General shall, once in each year, cause a report containing
a general review of the operation of the Commonwealth Police Force and a
summary of its activities during the year to be prepared, and the report shall
be laid before each House of the Parliament.
COMMONWEALTH POLICE ACT 1957-1973 - SECT. 12.
Delegation of powers and functions of Attorney-General.
SECT
12. (1) The Attorney-General may, either generally or in relation to a
matter or class of matters and either in relation to the whole of the
Commonwealth or to a State or part of the Commonwealth, by writing under his
hand, delegate any of his powers and functions under this Act (except this
power of delegation).
(2) A power or function so delegated may be exercised or performed by the
delegate in accordance with the instrument of delegation.
(3) A delegation under this section is revocable at will and does not
prevent the exercise of a power or the performance of a function by the
Attorney-General.
COMMONWEALTH POLICE ACT 1957-1973 - SECT. 13.
Regulations.
SECT
Amended by No. 93, 1966, s. 3.
13. The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters required or permitted by this Act to be
prescribed, or necessary or convenient to be prescribed for carrying out or
giving effect to this Act, and in particular making provision for or in
relation to-
(a) the general government and discipline of the Commonwealth Police Force
and its members, including the punishment of disciplinary offences and appeals
against such punishments;
(b) the protection of Commonwealth Police Officers in respect of acts done
in pursuance of their duties or in obedience to instructions received by them;
and
(c) penalties not exceeding a fine of One hundred dollars or imprisonment
for three months for offences against the regulations other than disciplinary
offences.
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COMMONWEALTH POLICE ACT 1957-1973 - THE SCHEDULE
SCH
THE SCHEDULE
Sections 5 and
10
OATH
I, , do swear
that I will be faithful and bear true allegiance to Her Majesty Queen
Elizabeth the Second, Her Heirs and Successors according to law, and that I
will well and truly serve Her in the office of Commonwealth Police Officer,
without favour or affection, malice or ill-will, until I am lawfully
discharged:
SO HELP ME GOD)
AFFIRMATION
I, , do solemnly
and sincerely promise and declare that I will be faithful and bear true
allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors
according to law, and that I will well and truly serve Her in the office of
Commonwealth Police Officer, without favour or affection, malice or ill-will,
until I am lawfully discharged.
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COMMONWEALTH POLICE ACT 1957-1973 - NOTE
NOTE
1. The Commonwealth Police Act 1957-1973 comprises the Commonwealth Police
Act 1957 as amended by the other Acts specified in the following table:
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Number Date of
Act and year Date of
Assent commencement
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Commonwealth Police Act
1957 No. 85, 1957 12 Dec 1957 21 Apr 1960 (see
Gazette 1960,
p.1359)
Statute Law Revision
(Decimal Currency) Act
1966 No. 93, 1966 29 Oct 1966 1 Dec 1966
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
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