Part I
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Commonwealth act
The Act is the AFP’s founding statute: it defines who the AFP is, how it’s organised and managed, and what policing, protective, investigative and international functions it may perform across Australia, its territories and overseas.
It sets members’ powers and immunities, employment and misconduct processes, and basic safeguards for people arrested, searched or detained — making the AFP operationally powerful while framing oversight, accountability and limited personal protections.
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Direct links to the current provisions in Australian Federal Police Act 1979.
This Act may be cited as the Australian Federal Police Act 1979.
(1) Sections 1, 2, 4 and 6, Division 1 of Part IV and sections 28 and 70 shall come into operation on the day on which this Act receives the Royal Assent. (2) The remaining provisions of this Act shall come into operation on a date to be fixed by Proclamation.
The Commonwealth Police Act 1957 is repealed.
Constitution of the Australian Federal Police (1) Division 1 of Part II of this Act provides that the Australian Federal Police consists of a Commissioner of Police, one or more Deputy Commissioners of Police, AFP employees, special members and special protective service officers. Commissioner and Deputy Commissioners (2) The Commissioner and Deputy Commissioners are appointed by the Governor‑General. Division 1 of Part III sets out matters dealing with such appointments. AFP employees (3) The Commissioner may engage persons as AFP employees. Division 2 of Part III covers matters to do with the employment of AFP employees. For example, it deals with the remuneration and terms and conditions of employment of AFP employees, how AFP employees can resign or retire and how the Commissioner may terminate the employment of AFP employees. Members of the Australian Federal Police (4) The Commissioner and any Deputy Commissioner are members of the Australian Federal Police. Under Division 2 of Part IV, the Commissioner may declare AFP employees to be members and certain members may be declared to be commissioned police officers. Under Division 1 of Part II, members provide police services and that Division also deals with powers of members. Special members of the Australian Federal Police (5) Under Division 3 of Part IV, the Commissioner may appoint persons as special members to assist the Australian Federal Police in carrying out its functions. Protective service officers of the Australian Federal Police (5A) Under Division 3A of Part IV, the Commissioner may declare AFP employees to be protective service officers. Divisions 3 and 4 of Part II deal with the powers of protective service officers. Special protective service officers of the Australian Federal Police (5B) Under Division 3B of Part IV, the Commissioner may appoint persons as special protective service officers to assist in performing protective service functions. Commissioner’s command powers (6) The Commissioner has the general administration of, and the control of the operations of, the Australian Federal Police. Part IV is mainly about the Commissioner’s command powers. For example, the Commissioner may determine the duties of AFP employees and where those duties are to be performed. Other topics covered by that Part include secondment and drug testing. Professional standards and dealing with AFP conduct or practices issues (6A) Part V provides for the setting of AFP professional standards and the way in which AFP conduct or practices issues are raised and dealt with. Other matters (7) This Act also: (a) deals with the use of listening devices in relation to offences (see Division 2 of Part II); and (aa) deals with the powers of protective service officers and certain other powers relating to protective service functions (see Divisions 3 and 4 of Part II); and (b) deals with when AFP employees lose certain superannuation rights and benefits (see Part VA); and (c) deals with other matters such as secrecy obligations, offences and certain administrative matters (all of which are contained in Part VI).
(1) In this Act, unless the contrary intention appears:
adjustment payment means a payment made in accordance with a determination that is continued in force by item 8 of Part 1 of Schedule 3 to the Australian Federal Police Legislation Amendment Act 2000 (including a payment made in accordance with such a determination as amended or varied in accordance with that item).
AFP appointee means:
(a) a Deputy Commissioner; or
(b) an AFP employee; or
(c) a special member; or
(d) a special protective service officer; or
(e) a person engaged overseas under section 69A to perform duties overseas as an employee of the Australian Federal Police; or
(f) a person who is:
(i) engaged under section 35 as a consultant, or independent contractor, to perform services for the Australian Federal Police; and
(ii) a consultant, or independent contractor, determined by the Commissioner under subsection 35(2) to be an AFP appointee for the purposes of this paragraph; or
(g) a person who is assisting the Australian Federal Police in the performance of its functions under an agreement under section 69D.
AFP conduct issue has the meaning given by sections 40RH and 40RJ.
AFP conduct or practices issue means:
(a) an AFP conduct issue; or
(b) an AFP practices issue.
AFP employee means a person engaged under section 24.
AFP practices issue has the meaning given by section 40RI and 40RJ.
AFP professional standards means professional standards determined under Commissioner’s orders made for the purposes of section 40RC.
alcohol screening test in relation to a person, means a test of sample of the breath of the person carried out by means of an approved screening device.
approved screening device means a device of a type that is approved by the Minister under section 40R.
authority of a State or Territory means:
(a) a body, whether incorporated or unincorporated, established for a public purpose by or under a law of that State or Territory, other than a body that, under the regulations, is not to be taken to be an authority of that State or Territory for the purposes of this Act; or
(b) any other body declared by the regulations to be an authority of that State or Territory for the purposes of this Act, being:
(i) a body, whether incorporated or unincorporated, established by the Governor, or a Minister of the Crown, of that State or, in the case of the Northern Territory, a Minister; or
(ii) an incorporated company in which that State or Territory, or a body corporate falling within paragraph (a) or subparagraph (i), has a controlling interest.
authority of the Commonwealth means:
(a) a body, whether incorporated or unincorporated, established for a public purpose by or under a law of the Commonwealth, other than a body that, under the regulations, is not to be taken to be an authority of the Commonwealth for the purposes of this Act; or
(b) any other body declared by the regulations to be an authority of the Commonwealth for the purposes of this Act, being:
(i) a body, whether incorporated or unincorporated, established by the Governor‑General or by a Minister; or
(ii) an incorporated company in which the Commonwealth or a body corporate falling within paragraph (a) or subparagraph (i) of this paragraph has a controlling interest.
blood test means a test of a person’s blood to determine the amount of alcohol (if any) in the person’s blood.
body sample means any of the following:
(a) any human biological fluid;
(b) any human biological tissue (whether alive or otherwise);
(c) any human breath.
breath test means a test of a person’s breath to determine the amount of alcohol (if any) in the person’s blood.
category 1 conduct has the meaning given by section 40RN.
category 1 conduct issue has the meaning given by subsection 40RL(1).
category 2 conduct has the meaning given by section 40RO.
category 2 conduct issue has the meaning given by subsection 40RL(2).
category 3 conduct has the meaning given by section 40RP.
category 3 conduct issue has the meaning given by subsection 40RL(3).
commissioned police officer means any member in respect of whom a declaration under section 40D is in force.
Commissioner means the Commissioner of Police referred to in section 6.
Commissioner’s Orders means orders under section 38.
complainant has the meaning given by subsection 40SA(3).
corrupt conduct has the same meaning as in the National Anti‑Corruption Commission Act 2022.
corruption issue has the same meaning as in the National Anti‑Corruption Commission Act 2022.
CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.
Deputy Commissioner means a Deputy Commissioner of Police referred to in section 6.
duties includes responsibilities.
eligible employee has the same meaning as in the Superannuation Act 1976.
federal aspect, in relation to an offence against a law of a State or of the Australian Capital Territory, has the meaning given by subsection 4AA(1).
Note: This subsection defines State to include the Northern Territory.
Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.
frisk search means:
(a) a search of a person conducted by quickly running the hands over the person’s outer garments; and
(b) an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person.
give information that raises an AFP conduct or practices issue has a meaning affected by subsection (3).
IGIS official means:
(a) the Inspector‑General of Intelligence and Security; or
(b) any other person covered by subsection 32(1) of the Inspector‑General of Intelligence and Security Act 1986.
intelligence or security agency means an authority or person responsible for intelligence gathering for, or the security of, a country or a part of a country.
international organisation includes:
(a) a public international organisation within the meaning of section 70.1 of the Criminal Code; and
(b) a body (including an international judicial body):
(i) established by or under an international agreement or international arrangement or otherwise under international law; or
(ii) established by a body described in subparagraph (i); or
(iii) on which functions are conferred by or under an international agreement.
investigator for a category 3 conduct issue, or a corruption issue, means the person to whom the issue is allocated for investigation under section 40TN or 40TO.
law enforcement agency means an authority or person responsible for the enforcement of laws.
manager for a category 1 conduct issue, or category 2 conduct issue, means the person to whom the issue is allocated in accordance with Commissioner’s orders issued for the purposes of subsection 40TA(1).
member means a member of the Australian Federal Police.
member of the Australian Federal Police means any of the following:
(a) the Commissioner of Police;
(b) a Deputy Commissioner of Police;
(c) an AFP employee in respect of whom a declaration under section 40B is in force.
member of the unit constituted under section 40RD means:
(a) the AFP appointee appointed as the head of that unit under section 40RE; and
(b) any member, or special member, of the Australian Federal Police assigned to that unit under section 40RF.
National Anti‑Corruption Commissioner means the Commissioner within the meaning of the National Anti‑Corruption Commission Act 2022.
ordinary search means a search of a person or of articles in the possession of a person that may include:
(a) requiring the person to remove his or her overcoat, coat or jacket and any gloves, shoes and hat; and
(b) an examination of those items.
overseas means outside Australia and the Territories.
pensioner means:
(a) a person to whom an invalidity pension within the meaning of the Superannuation Act is payable;
(b) a person to whom a pension is payable under the Superannuation Act 1922 and who has been retired on the ground of invalidity or of physical or mental incapacity to perform his or her duties; or
(c) a person to whom a pension referred to in paragraph (a) or (b) would be payable if payment had not been suspended.
police services includes services by way of the prevention of crime and the protection of persons from injury or death, and property from damage, whether arising from criminal acts or otherwise.
police support services means services related to:
(a) the provision of police services by an Australian or foreign law enforcement agency; or
(b) the provision of services by an Australian or foreign intelligence or security agency; or
(c) the provision of services by an Australian or foreign regulatory agency.
powers includes authorities, rights, privileges and immunities.
practices or procedures of the Australian Federal Police has the meaning given by subsection 40RI(3).
prohibited drug means:
(a) a narcotic substance (within the meaning of the Customs Act 1901); or
(b) any drug specified in a determination under section 4A.
prohibited drug test means a test of a body sample of a person to determine the presence (if any) of a prohibited drug in the sample.
protective service functions means the functions designated by the Minister under section 8A.
protective service offence means any of the following:
(a) an offence in relation to a person, place or thing in respect of which the Australian Federal Police is performing protective service functions, being an offence under:
(i) subsection 3UU(1) or section 46, 47, 47A, 89 or 89A of the Crimes Act 1914; or
(ii) the Crimes (Internationally Protected Persons) Act 1976 or Part 2 of the Crimes (Aviation) Act 1991; or
(iia) Division 82 of the Criminal Code (sabotage); or
(iib) Division 91 of the Criminal Code (espionage); or
(iic) Part 5.6 of the Criminal Code (secrecy); or
(iid) section 132.8A of the Criminal Code (damaging Commonwealth property); or
(iii) the Defence (Special Undertakings) Act 1952 (other than subsection 31(2)); or
(iiia) an offence against section 71V, 71W or 72P of the Defence Act 1903; or
(iv) the Public Order (Protection of Persons and Property) Act 1971 (other than section 11); or
(v) the Nuclear Non‑Proliferation (Safeguards) Act 1987 (other than section 25A, 27 or 28A, subsection 29(2), 29A(1), 30(1), 40(1), 58(2) or 65(1) or section 66); or
(va) the Aviation Transport Security Act 2004 or regulations made under that Act;
(b) an offence against section 6 of the Crimes Act 1914, or section 11.1 or 11.4 of the Criminal Code, that relates to an offence mentioned in paragraph (a);
(c) an offence against Subdivision A of Division 72 of the Criminal Code that relates to a person, place or thing in respect of which the Australian Federal Police is performing protective service functions;
(d) an offence against Division 101 or 111 of the Criminal Code that relates to a person, place or thing in respect of which the Australian Federal Police is performing protective service functions;
(e) an offence in relation to a person, place or thing in respect of which the Australian Federal Police is performing protective service functions, being an offence against section 131.1, 141.1, 142.1, 147.1, 148.1 or 149.1 of the Criminal Code.
protective service officer means an AFP employee in respect of whom a declaration under section 40EA is in force.
regulatory agency means an authority or person who performs regulatory functions for a country or part of a country.
remedial action has the meaning given by section 40TD.
resign means resign from the Australian Federal Police.
retire means retire from the Australian Federal Police.
senior executive AFP employee means an AFP employee in respect of whom a declaration under section 25 is in force.
serious misconduct has the meaning given by section 40K.
special member means a person appointed under section 40E.
special protective service officer means a person appointed under section 40EC.
State includes the Northern Territory.
Superannuation Act means the Superannuation Act 1976 or the Superannuation Act 1990.
termination action has the meaning given by section 40TE.
training and development action has the meaning given by section 40TC.
(2) A reference in this Act to an officer of police shall be read as including a reference to a police officer, or to any member of a police force, however described. (3) A reference in Part V to giving information that raises an AFP conduct or practices issue includes a reference to making a complaint or report that raises an AFP conduct or practices issue.
Object (1A) The object of this section is to identify State offences that have a federal aspect because: (a) they potentially fall within Commonwealth legislative power because of the elements of the State offence; or (b) they potentially fall within Commonwealth legislative power because of the circumstances in which the State offence was committed (whether or not those circumstances are expressed to be acts or omissions involved in committing the offence); or (c) the Australian Federal Police investigating them is incidental to the Australian Federal Police investigating an offence against a law of the Commonwealth or a Territory. State offences that have a federal aspect (1) For the purposes of this Act, a State offence has a federal aspect if, and only if: (a) both: (i) the State offence is not an ancillary offence; and (ii) assuming that the provision creating the State offence had been enacted by the Parliament of the Commonwealth instead of by the Parliament of the State—the provision would have been a valid law of the Commonwealth; or (b) both: (i) the State offence is an ancillary offence that relates to a particular primary offence; and (ii) assuming that the provision creating the primary offence had been enacted by the Parliament of the Commonwealth instead of by the Parliament of the State—the provision would have been a valid law of the Commonwealth; or (c) assuming that the Parliament of the Commonwealth had enacted a provision that created an offence penalising the specific acts or omissions involved in committing the State offence—that provision would have been a valid law of the Commonwealth; or (d) both: (i) the Australian Federal Police is investigating an offence against a law of the Commonwealth or a Territory; and (ii) if the Australian Federal Police is investigating, or were to investigate, the State offence—that investigation is, or would be, incidental to the investigation mentioned in subparagraph (i). Specificity of acts or omissions (2) For the purposes of paragraph (1)(c), the specificity of the acts or omissions involved in committing a State offence is to be determined having regard to the circumstances in which the offence was committed (whether or not those circumstances are expressed to be elements of the offence). State offences covered by paragraph (1)(c) (3) A State offence is taken to be covered by paragraph (1)(c) if the conduct constituting the State offence: (a) affects the interests of: (i) the Commonwealth; or (ii) an authority of the Commonwealth; or (iii) a constitutional corporation; or (b) was engaged in by a constitutional corporation; or (c) was engaged in in a Commonwealth place; or (d) involved the use of a postal service or other like service; or (e) involved an electronic communication; or (f) involved trade or commerce: (i) between Australia and places outside Australia; or (ii) among the States; or (iii) within a Territory, between a State and a Territory or between 2 Territories; or (g) involved: (i) banking (other than State banking not extending beyond the limits of the State concerned); or (ii) insurance (other than State insurance not extending beyond the limits of the State concerned); or (h) relates to a matter outside Australia; or (i) relates to a matter in respect of which an international agreement to which Australia is a party imposes obligations to which effect could be given by the creation of an offence against the domestic laws of the parties to the agreement; or (j) relates to a matter that affects the relations between Australia and another country or countries or is otherwise a subject of international concern. (4) Subsection (3) does not limit paragraph (1)(c). Definitions (5) In this section:
ancillary offence, in relation to an offence (the primary offence), means:
(a) an offence of conspiring to commit the primary offence; or
(b) an offence of aiding, abetting, counselling or procuring, or being in any way knowingly concerned in, the commission of the primary offence; or
(c) an offence of attempting to commit the primary offence.
authority of the Commonwealth has the same meaning as in section 3AA of the Crimes Act 1914.
Commonwealth place has the same meaning as in the Commonwealth Places (Application of Laws) Act 1970.
conduct has the same meaning as in the Criminal Code.
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
electronic communication means a communication of information:
(a) whether in the form of text; or
(b) whether in the form of data; or
(c) whether in the form of speech, music or other sounds; or
(d) whether in the form of visual images (animated or otherwise); or
(e) whether in any other form; or
(f) whether in any combination of forms;
by means of guided and/or unguided electromagnetic energy.
engage in conduct has the same meaning as in the Criminal Code.
State includes the Australian Capital Territory and the Northern Territory.
State offence means an offence against a law of a State.
The Commissioner may, by written determination, specify drugs for the purposes of the definition of prohibited drug in section 4.
(1) In a law of the Commonwealth or of the Australian Capital Territory: (a) a reference to a Commonwealth Police Officer shall be read as a reference to a member of the Australian Federal Police; (b) a reference to the Commonwealth Police Force shall be read as a reference to the Australian Federal Police; (c) a reference to the Police Force of that Territory shall be read as a reference to the Australian Federal Police; (d) a reference to an officer of police of that Territory shall be read as a reference to a member of the Australian Federal Police; and (e) a reference to the Commissioner of Police of that Territory, however described, shall be read as a reference to the Commissioner. (1A) Where a reference in a law of the Commonwealth that does not specify the Australian Capital Territory is, in effect, a reference to, or a reference that includes, that Territory, that reference shall, for the purposes of subsection (1), be taken to be a reference to that Territory. (2) If: (a) a provision of a law is, by virtue of subsection (1), to be read as referring to a member of the Australian Federal Police holding a particular rank; and (b) a declaration is in force under subsection (3) that a member is of that rank for the purposes of this paragraph; the provision of the law is to be read as referring to the member to whom the declaration applies. (3) The Commissioner may, by writing, declare that a member is of a particular rank for the purposes of paragraph (2)(b).
(1) This Act and the regulations apply throughout the whole of Australia and also outside Australia. (2) This Act and the regulations extend to the external Territories.
Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Australian Federal Police Act 1979.
(1) Sections 1, 2, 4 and 6, Division 1 of Part IV and sections 28 and 70 shall come into operation on the day on which this Act receives the Royal Assent. (2) The remaining provisions of this Act shall come into operation on a date to be fixed by Proclamation.
The Commonwealth Police Act 1957 is repealed.
Constitution of the Australian Federal Police (1) Division 1 of Part II of this Act provides that the Australian Federal Police consists of a Commissioner of Police, one or more Deputy Commissioners of Police, AFP employees, special members and special protective service officers. Commissioner and Deputy Commissioners (2) The Commissioner and Deputy Commissioners are appointed by the Governor‑General. Division 1 of Part III sets out matters dealing with such appointments. AFP employees (3) The Commissioner may engage persons as AFP employees. Division 2 of Part III covers matters to do with the employment of AFP employees. For example, it deals with the remuneration and terms and conditions of employment of AFP employees, how AFP employees can resign or retire and how the Commissioner may terminate the employment of AFP employees. Members of the Australian Federal Police (4) The Commissioner and any Deputy Commissioner are members of the Australian Federal Police. Under Division 2 of Part IV, the Commissioner may declare AFP employees to be members and certain members may be declared to be commissioned police officers. Under Division 1 of Part II, members provide police services and that Division also deals with powers of members. Special members of the Australian Federal Police (5) Under Division 3 of Part IV, the Commissioner may appoint persons as special members to assist the Australian Federal Police in carrying out its functions. Protective service officers of the Australian Federal Police (5A) Under Division 3A of Part IV, the Commissioner may declare AFP employees to be protective service officers. Divisions 3 and 4 of Part II deal with the powers of protective service officers. Special protective service officers of the Australian Federal Police (5B) Under Division 3B of Part IV, the Commissioner may appoint persons as special protective service officers to assist in performing protective service functions. Commissioner’s command powers (6) The Commissioner has the general administration of, and the control of the operations of, the Australian Federal Police. Part IV is mainly about the Commissioner’s command powers. For example, the Commissioner may determine the duties of AFP employees and where those duties are to be performed. Other topics covered by that Part include secondment and drug testing. Professional standards and dealing with AFP conduct or practices issues (6A) Part V provides for the setting of AFP professional standards and the way in which AFP conduct or practices issues are raised and dealt with. Other matters (7) This Act also: (a) deals with the use of listening devices in relation to offences (see Division 2 of Part II); and (aa) deals with the powers of protective service officers and certain other powers relating to protective service functions (see Divisions 3 and 4 of Part II); and (b) deals with when AFP employees lose certain superannuation rights and benefits (see Part VA); and (c) deals with other matters such as secrecy obligations, offences and certain administrative matters (all of which are contained in Part VI).
(1) In this Act, unless the contrary intention appears:
adjustment payment means a payment made in accordance with a determination that is continued in force by item 8 of Part 1 of Schedule 3 to the Australian Federal Police Legislation Amendment Act 2000 (including a payment made in accordance with such a determination as amended or varied in accordance with that item).
AFP appointee means:
(a) a Deputy Commissioner; or
(b) an AFP employee; or
(c) a special member; or
(d) a special protective service officer; or
(e) a person engaged overseas under section 69A to perform duties overseas as an employee of the Australian Federal Police; or
(f) a person who is:
(i) engaged under section 35 as a consultant, or independent contractor, to perform services for the Australian Federal Police; and
(ii) a consultant, or independent contractor, determined by the Commissioner under subsection 35(2) to be an AFP appointee for the purposes of this paragraph; or
(g) a person who is assisting the Australian Federal Police in the performance of its functions under an agreement under section 69D.
AFP conduct issue has the meaning given by sections 40RH and 40RJ.
AFP conduct or practices issue means:
(a) an AFP conduct issue; or
(b) an AFP practices issue.
AFP employee means a person engaged under section 24.
AFP practices issue has the meaning given by section 40RI and 40RJ.
AFP professional standards means professional standards determined under Commissioner’s orders made for the purposes of section 40RC.
alcohol screening test in relation to a person, means a test of sample of the breath of the person carried out by means of an approved screening device.
approved screening device means a device of a type that is approved by the Minister under section 40R.
authority of a State or Territory means:
(a) a body, whether incorporated or unincorporated, established for a public purpose by or under a law of that State or Territory, other than a body that, under the regulations, is not to be taken to be an authority of that State or Territory for the purposes of this Act; or
(b) any other body declared by the regulations to be an authority of that State or Territory for the purposes of this Act, being:
(i) a body, whether incorporated or unincorporated, established by the Governor, or a Minister of the Crown, of that State or, in the case of the Northern Territory, a Minister; or
(ii) an incorporated company in which that State or Territory, or a body corporate falling within paragraph (a) or subparagraph (i), has a controlling interest.
authority of the Commonwealth means:
(a) a body, whether incorporated or unincorporated, established for a public purpose by or under a law of the Commonwealth, other than a body that, under the regulations, is not to be taken to be an authority of the Commonwealth for the purposes of this Act; or
(b) any other body declared by the regulations to be an authority of the Commonwealth for the purposes of this Act, being:
(i) a body, whether incorporated or unincorporated, established by the Governor‑General or by a Minister; or
(ii) an incorporated company in which the Commonwealth or a body corporate falling within paragraph (a) or subparagraph (i) of this paragraph has a controlling interest.
blood test means a test of a person’s blood to determine the amount of alcohol (if any) in the person’s blood.
body sample means any of the following:
(a) any human biological fluid;
(b) any human biological tissue (whether alive or otherwise);
(c) any human breath.
breath test means a test of a person’s breath to determine the amount of alcohol (if any) in the person’s blood.
category 1 conduct has the meaning given by section 40RN.
category 1 conduct issue has the meaning given by subsection 40RL(1).
category 2 conduct has the meaning given by section 40RO.
category 2 conduct issue has the meaning given by subsection 40RL(2).
category 3 conduct has the meaning given by section 40RP.
category 3 conduct issue has the meaning given by subsection 40RL(3).
commissioned police officer means any member in respect of whom a declaration under section 40D is in force.
Commissioner means the Commissioner of Police referred to in section 6.
Commissioner’s Orders means orders under section 38.
complainant has the meaning given by subsection 40SA(3).
corrupt conduct has the same meaning as in the National Anti‑Corruption Commission Act 2022.
corruption issue has the same meaning as in the National Anti‑Corruption Commission Act 2022.
CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.
Deputy Commissioner means a Deputy Commissioner of Police referred to in section 6.
duties includes responsibilities.
eligible employee has the same meaning as in the Superannuation Act 1976.
federal aspect, in relation to an offence against a law of a State or of the Australian Capital Territory, has the meaning given by subsection 4AA(1).
Note: This subsection defines State to include the Northern Territory.
Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.
frisk search means:
(a) a search of a person conducted by quickly running the hands over the person’s outer garments; and
(b) an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person.
give information that raises an AFP conduct or practices issue has a meaning affected by subsection (3).
IGIS official means:
(a) the Inspector‑General of Intelligence and Security; or
(b) any other person covered by subsection 32(1) of the Inspector‑General of Intelligence and Security Act 1986.
intelligence or security agency means an authority or person responsible for intelligence gathering for, or the security of, a country or a part of a country.
international organisation includes:
(a) a public international organisation within the meaning of section 70.1 of the Criminal Code; and
(b) a body (including an international judicial body):
(i) established by or under an international agreement or international arrangement or otherwise under international law; or
(ii) established by a body described in subparagraph (i); or
(iii) on which functions are conferred by or under an international agreement.
investigator for a category 3 conduct issue, or a corruption issue, means the person to whom the issue is allocated for investigation under section 40TN or 40TO.
law enforcement agency means an authority or person responsible for the enforcement of laws.
manager for a category 1 conduct issue, or category 2 conduct issue, means the person to whom the issue is allocated in accordance with Commissioner’s orders issued for the purposes of subsection 40TA(1).
member means a member of the Australian Federal Police.
member of the Australian Federal Police means any of the following:
(a) the Commissioner of Police;
(b) a Deputy Commissioner of Police;
(c) an AFP employee in respect of whom a declaration under section 40B is in force.
member of the unit constituted under section 40RD means:
(a) the AFP appointee appointed as the head of that unit under section 40RE; and
(b) any member, or special member, of the Australian Federal Police assigned to that unit under section 40RF.
National Anti‑Corruption Commissioner means the Commissioner within the meaning of the National Anti‑Corruption Commission Act 2022.
ordinary search means a search of a person or of articles in the possession of a person that may include:
(a) requiring the person to remove his or her overcoat, coat or jacket and any gloves, shoes and hat; and
(b) an examination of those items.
overseas means outside Australia and the Territories.
pensioner means:
(a) a person to whom an invalidity pension within the meaning of the Superannuation Act is payable;
(b) a person to whom a pension is payable under the Superannuation Act 1922 and who has been retired on the ground of invalidity or of physical or mental incapacity to perform his or her duties; or
(c) a person to whom a pension referred to in paragraph (a) or (b) would be payable if payment had not been suspended.
police services includes services by way of the prevention of crime and the protection of persons from injury or death, and property from damage, whether arising from criminal acts or otherwise.
police support services means services related to:
(a) the provision of police services by an Australian or foreign law enforcement agency; or
(b) the provision of services by an Australian or foreign intelligence or security agency; or
(c) the provision of services by an Australian or foreign regulatory agency.
powers includes authorities, rights, privileges and immunities.
practices or procedures of the Australian Federal Police has the meaning given by subsection 40RI(3).
prohibited drug means:
(a) a narcotic substance (within the meaning of the Customs Act 1901); or
(b) any drug specified in a determination under section 4A.
prohibited drug test means a test of a body sample of a person to determine the presence (if any) of a prohibited drug in the sample.
protective service functions means the functions designated by the Minister under section 8A.
protective service offence means any of the following:
(a) an offence in relation to a person, place or thing in respect of which the Australian Federal Police is performing protective service functions, being an offence under:
(i) subsection 3UU(1) or section 46, 47, 47A, 89 or 89A of the Crimes Act 1914; or
(ii) the Crimes (Internationally Protected Persons) Act 1976 or Part 2 of the Crimes (Aviation) Act 1991; or
(iia) Division 82 of the Criminal Code (sabotage); or
(iib) Division 91 of the Criminal Code (espionage); or
(iic) Part 5.6 of the Criminal Code (secrecy); or
(iid) section 132.8A of the Criminal Code (damaging Commonwealth property); or
(iii) the Defence (Special Undertakings) Act 1952 (other than subsection 31(2)); or
(iiia) an offence against section 71V, 71W or 72P of the Defence Act 1903; or
(iv) the Public Order (Protection of Persons and Property) Act 1971 (other than section 11); or
(v) the Nuclear Non‑Proliferation (Safeguards) Act 1987 (other than section 25A, 27 or 28A, subsection 29(2), 29A(1), 30(1), 40(1), 58(2) or 65(1) or section 66); or
(va) the Aviation Transport Security Act 2004 or regulations made under that Act;
(b) an offence against section 6 of the Crimes Act 1914, or section 11.1 or 11.4 of the Criminal Code, that relates to an offence mentioned in paragraph (a);
(c) an offence against Subdivision A of Division 72 of the Criminal Code that relates to a person, place or thing in respect of which the Australian Federal Police is performing protective service functions;
(d) an offence against Division 101 or 111 of the Criminal Code that relates to a person, place or thing in respect of which the Australian Federal Police is performing protective service functions;
(e) an offence in relation to a person, place or thing in respect of which the Australian Federal Police is performing protective service functions, being an offence against section 131.1, 141.1, 142.1, 147.1, 148.1 or 149.1 of the Criminal Code.
protective service officer means an AFP employee in respect of whom a declaration under section 40EA is in force.
regulatory agency means an authority or person who performs regulatory functions for a country or part of a country.
remedial action has the meaning given by section 40TD.
resign means resign from the Australian Federal Police.
retire means retire from the Australian Federal Police.
senior executive AFP employee means an AFP employee in respect of whom a declaration under section 25 is in force.
serio
This is an opening excerpt, not the complete document.