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Australian Federal Police Regulations (Amendment)

Authoritative Version
  • - F1997B01638
  • No longer in force
SR 1996 No. 330 Regulations as made
These Regulations amend the Australian Federal Police Regulations.
Administered by: Attorney-General's
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR04-Feb-1997
Tabled Senate05-Feb-1997
Gazetted 24 Dec 1996
Date of repeal 09 Apr 2013
Repealed by Attorney-General's (Spent and Redundant Instruments) Repeal Regulation 2013

Statutory Rules 1996   No. 3301

__________________

Australian Federal Police Regulations2 (Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Australian Federal Police Act 1979.

Dated 20 December 1996.

 

                                                                                 WILLIAM DEANE

                                                                                   Governor-General

By His Excellency’s Command,

 

 

DARYL WILLIAMS

Attorney-General and Minister for Justice

____________

1.   Amendment

1.1   The Australian Federal Police Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Regulation 2 (Interpretation)

2.1   Regulation 2 (definition of “cost to the AFP for the member’s time”):

Omit the definition, substitute:

‘cost to the AFP for the use of the member’s time’, in respect of making a member or staff member available to render a service, means:

             (a)   if no minimum period is specified—the amount of remuneration payable to the member or staff member for the period during which he or she renders the service plus 159.4% of his or her base salary for the period; or

             (b)   if a minimum period of 4 hours is specified:

                          (i)   the amount of remuneration payable to the member or staff member for 4 hours plus 159.4% of his or her base salary for 4 hours; or

                         (ii)   if the member or staff member renders a service for more than 4 hours, the amount of remuneration payable to the member or staff member for that longer period plus 159.4% of his or her base salary for that longer period;”.

2.2   Regulation 2:

After the definition of “remand centre”, insert:

‘remuneration’, in relation to a member or staff member, means the base salary and, where relevant, the overtime, penalties and other allowances payable to the member or staff member;”.

3.   Regulation 46 (Police services requested etc. by the public)

3.1   Omit the regulation, substitute:

Police services rendered to the public or to an authority of the Commonwealth

           “46.   The fee for a police service that is:

             (a)   referred to in column 2 of an item in Schedule 6; and

             (b)   rendered by the Australian Federal Police to:

                          (i)   an authority of the Commonwealth, if rendering the service is a function of the Australian Federal Police; or

                         (ii)   an individual at the request of, or under an agreement with, the individual; or

                       (iii)   a body corporate at the request of, or under an agreement with, the body; or

                        (iv)   any other organisation (other than an authority of the Commonwealth) at the request of, or under an agreement with, the organisation;

is set out in column 3 of the item.”.

[NOTE:  “Authority of the Commonwealth” is defined in section 4 of the Act.]

4.   Regulation 47 (Police services rendered in relation to a prescribed authority of the Commonwealth)

4.1   Omit the regulation.


5.   Schedules 6 and 7

5.1   Omit the Schedules, substitute:

                                              SCHEDULE 6                         Regulation 46

FEES

 

Column 1

Item no.

 

Column 2

Matter

Column 3

Fee

$

 

1

Search of AFP records for any information of convictions for offences by a person and reporting on the result of the search

25

2

Search of AFP records for any information of convictions for offences committed by a person against the following legislation of the Australian Capital Territory:

(a)   Motor Omnibus Regulations;

(b)   Motor Omnibus Service Regulations;

(c)   Motor Traffic Act 1936;

(d)   Motor Traffic Regulations;

(e)   Motor Traffic (Alcohol and Drugs)  Act 1977;

(f)   Roads and Public Places Act 1937;

(g)   Traffic Act 1937;

and reporting on the result of the search

25

3

Check of fingerprints against AFP records of fingerprints, search of AFP records for any information of convictions for offences committed by a person and reporting on the results of the search

67

4

Fingerprinting and providing a copy of fingerprints

24

5

Providing a copy of a photograph

18

6

Providing a copy of a road accident report where the accident involved injury or death

18

7

Providing a copy of a road accident report where the accident did not involve injury or death

11

8

Providing a copy of road accident survey plans

31

9

Search of AFP records for incidents reported by a person regarding:

(a)   alleged harassments of that person; or

(b)   alleged violence or threats of violence directed against that person;

and reporting on the result of the search

15

10

Providing a copy of one of the following reports:

(a)   medical report;

(b)   lost property report;

(c)   stolen property report;

(d)   malicious or criminal damage report;

(e)   fire report;

(f)   death report;

(g)   industrial accident report;

(h)   report of a mechanical check of a motor vehicle in AFP custody

15

11

The second and each subsequent attendance within a month at premises in response to a burglar alarm where no evidence of intrusion is found

141

12

Arranging for, or carrying out, towing of a vehicle

140

13

Providing a copy of an audio tape

17

14

Providing a copy of a video tape

19

15

Providing a copy of an incident report

15

16

Providing a copy of a Criminal Offence Report

31

17

Providing a copy of a statement

31

18

Attendance of a member or staff member for the purposes of maintaining order during a sporting or entertainment event

Cost to the AFP for the use of the member’s time

19

Attendance of a member or staff member for the purpose of an interview relating to court proceedings

Cost to the AFP for the use of the member’s time

20

Provision of training, or lecturing, by a member or staff member other than training or a lecture:

(a)   at an educational  institution; or

(b)   for community purposes

Cost to the AFP for the use of the member’s time

21

Search of AFP records by a member or staff member for the purpose of presenting or producing evidence to a court

Cost to the AFP for the use of the member’s time

22

Attendance of a member or staff member at court proceedings

Cost to the AFP for the use of the member’s time—minimum period four hours

23

Provision of a police escort

Cost to the AFP for the use of the member’s time

24

Search of AFP records by a member or staff member and reporting on the results

Cost to the AFP for the use of the member’s time

25

Request for a police service not otherwise specified in this Schedule

Cost to the AFP for the use of the member’s time


NOTES

1.   Notified in the Commonwealth of Australia Gazette on 24 December 1996.

2.   Statutory Rules 1979 No. 210 as amended by 1980 No. 140; 1981 Nos. 161 and 192; 1982 Nos. 199 and 282; 1983 No. 158; 1984 Nos. 164, 296 (as amended by 1985 No. 82) and 297; 1985 Nos. 82 and 293; 1986 No. 299; 1987 No. 14; 1988 Nos. 83, 84 and 363; 1989 Nos. 1, 139, 343, 344, 361 and 362; 1990 Nos. 23, 87, 273 and 409; 1992 No. 298; 1993 No. 60; 1994 No. 113; 1995 No. 324; 1996 No. 171.