EXPLANATORY STATEMENT

 

Select Legislative Instrument 2006 No. 327

 

Issued by the authority of the Minister for Justice and Customs

Subject: Australian Federal Police Act 1979

 

Australian Federal Police (Discipline) Repeal Regulations 2006

 

The Australian Federal Police Act 1979 (the Act) establishes the Australian Federal Police (AFP) and prescribes the constitution, functions and powers of the AFP.

 

Section 70 of the Act provides that the Governor‑General may make regulations not inconsistent with the Act prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for securing the discipline and good government of the AFP and for otherwise carrying out or giving effect to the Act.

 

The purpose of the proposed Regulations is to repeal the Australian Federal Police (Discipline) Regulations 1979, which currently stipulate standards of conduct for AFP appointees, provide for disciplinary offences and the disciplinary powers of the Commissioner, and set out the circumstances in which AFP appointees are liable for dismissal when they have been convicted of a criminal offence.

 

The proposed repeal is consequential to the Law Enforcement (AFP Professional Standards and Related Measures) Act 2006, which amends the Act to insert a new part to modernise the complaints and professional standards regime within the AFP.  The new part implements a contemporary managerial approach to AFP complaints and professional conduct issues.  The Law Enforcement (AFP Professional Standards and Related Measures) Act 2006 also repeals the Complaints (Australian Federal Police) Act 1981 and amends the Ombudsman Act 1976.

 

The Law Enforcement (AFP Professional Standards and Related Measures) Act 2006 will commence on the commencement of sections 3 to 224 of the Law Enforcement Integrity Commissioner Act 2006, which is expected to be 30 December 2006.

 

Following the repeal of the Australian Federal Police (Discipline) Regulations 1979, many of the provisions will be incorporated into the proposed Australian Federal Police Amendment Regulations 2006 (No. ), which are the subject of a separate Minute.

The Act specifies no conditions that need to be met before the power to make the proposed Regulations may be exercised.

The proposed Regulations would commence on the commencement of sections 3 to 224 of the Law Enforcement Integrity Commissioner Act 2006.

The proposed Regulations would be a legislative instrument for the purposes of the Legislative Instruments Act 2003.

The Minute recommends that Regulations be made in the form proposed.

Consultation was conducted with the AFP for this legislative instrument. This instrument is of a minor or machinery nature and does not substantially alter existing arrangements. It has no direct, or indirect effect on business.

 

Authority: Section 70 of the

Australian Federal Police Act 1979