Australian Federal Police Act 1979

Powers of AFP officers

AFP members inherit a wide range of police powers, including:

• Powers under Commonwealth law (like any federal constable)
• Powers under ACT, Territory and even State law when working in those areas
• The ability to execute warrants even if not specifically named in them
• Immunity from needing State or Territory licences or registrations

Protective service officers specifically can:

• Arrest people (without a warrant) for "protective service offences" — crimes involving people, places or things they're protecting
• Search arrested people and seize weapons or evidence
• Stop and search suspects near protected locations or persons
• Require people to identify themselves near protected areas (failure to do so is an offence carrying a fine of up to $4,400)
• Seize dangerous items — with a process involving magistrate review if the owner wants the item back

Employment and management

• The Commissioner runs the AFP like an employer — hiring, firing, setting pay and conditions, and managing performance
• AFP employees can be terminated at any time by the Commissioner (subject to Fair Work Act rules)
• There are specific rules about resigning during a misconduct investigation — the Commissioner can delay an employee's resignation by up to 150 days if serious misconduct is being investigated, so the process can be completed

Accountability and misconduct

The Act sets up a detailed internal system for handling conduct issues, divided into three tiers:

• Category 1 — minor issues (handled at a local management level)
• Category 2 — more serious issues
• Category 3 — serious misconduct (formally investigated)
• There is also a connection to the National Anti-Corruption Commission for corruption-related conduct

What happens if you're searched or arrested by an AFP officer?

You have protections:

• Officers cannot use more force than necessary
• You must be told why you're being arrested
• If you don't understand English, they must take reasonable steps to explain it to you
• Items seized from you must be returned within 90 days if you ask for them back — unless a magistrate orders otherwise
• If released, it must be as soon as practicable once there are no longer grounds for your detention

Extra-territorial reach

This Act applies not just in Australia, but overseas and in external territories — reflecting the AFP's international role.