This instrument (the Australian Federal Police Regulations 2018) sets out detailed rules about how the Australian Federal Police (AFP) operates in a number of personnel, property, testing, review and fee-related areas. It fleshes out how certain powers in the Australian Federal Police Act 1979 are to be exercised and prescribes forms, fees and procedures. Key mechanical changes and provisions include:
Commencement and authority: made under the AFP Act and commenced the day after registration (ss 2–3).
Values and appointment standards: specifies the values that must guide AFP employment decisions (impartiality, merit, fairness, effectiveness etc.) (s 6) and minimum age/competence criteria for commissioned officers (s 7).
Suspension and related directions: allows the Commissioner to suspend employees in specified circumstances (s 8), to make those suspensions without pay in writing (s 9), and to end suspensions when the stated grounds are disposed of (s 10). While suspended, an authorised person may direct the appointee to undergo alcohol or drug testing (s 11).
Oaths, undertakings and forms: prescribes the text of the undertaking, oaths and affirmations for different classes of AFP appointees (ss 13–14; Schedule 1).
Election-related resignations and reinstatement: rules for resigning to contest State/Territory/Commonwealth parliamentary elections and the process for reinstatement if a candidate is unsuccessful (ss 15–16).
Confidential financial statements: requires financial statements given under the Act to be kept confidential and handled only for their collection purpose (s 17).
The Australian Federal Police Regulations 2018 (the instrument) sets out detailed operational, administrative and disciplinary rules for the Australian Federal Police (AFP) created under the Australian Federal Police Act 1979 (the Act). Mechanically, the instrument:
Replaces the Australian Federal Police Regulations 1979 by repealing the earlier instrument (Schedule 4) and brings the new text into force the day after registration,taken to be 17 August 2018 for the whole instrument (see s 2 and Schedule 4).
Exercises powers conferred by the Act, and prescribes forms, processes, duties, offences, evidentiary rules and fees to be applied in AFP employment, property handling, drug and alcohol testing, review processes, and provision of police services (see s 3 and the Parts and Divisions throughout).
The instrument adds or specifies rules across several discrete operational areas. It prescribes employment values to guide AFP employment decisions (s 6). It specifies competence requirements for commissioned police officers (s 7). It creates a written suspension regime, including power to suspend without remuneration in specified circumstances (ss 8-11). It prescribes the form of undertakings, oaths and affirmations for particular classes of appointees (ss 13-14 and Schedule 1). It provides a resignation and reinstatement mechanism for employees who contest elections (ss 15-16). It sets confidentiality, storage and limited-use rules for financial statements provided under the Act (s 17).
On debt recovery the instrument establishes a payroll deduction scheme to satisfy judgment debts against certain officeholders, sets procedural safeguards (statutory declaration and certified copy of judgment), appoints paying officers, sets a default deduction rate of 20% of net salary (with limited flexibility), and defines net and gross salary rules (ss 18-26). For conduct and discipline it prescribes specific prohibited behaviours (ss 27-30). It sets out an extensive drug and alcohol testing framework , who can authorise tests, who may conduct them, procedures for breath, blood and urine testing, lab accreditation/approval, storage, destruction and disclosure rules for samples and test results, and rights to independent retesting (ss 31-48, 34-36, 45-46). It details property-handling powers and processes: return of AFP property on cessation, Magistrate warrant powers to recover unreturned property, search and seizure procedures, rights and duties of occupiers during warrant execution, and a scheme for dealing with found, evidentiary or otherwise perishable property (Part 4, ss 62-78). It prescribes fees for certain police services (s 80 and Schedule 3), allows waiver or exemption of fees (s 81), prescribes awards and criteria (s 50 and Schedule 2), and requires an ongoing review process for AFP employment decisions that is at least as favourable as a specified certified agreement (s 61). The Commissioner retains extensive administrative discretions (delegations under s 79, approval/determination powers in ss 38, 40-42, 81, 34(4), 35(4), 36(3)).
Current sections
Direct links to the current provisions in Australian Federal Police Regulations 2018.
1
Official source available
Zoe has indexed the source text for search and analysis. Use the official register for the original document and download formats.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Salary deductions to satisfy judgments: creates an internal AFP process for appointing a paying officer and making payroll deductions to satisfy judgment debts (ss 18–26). Deductions default to 20% of net salary each pay day (s 24(1)), subject to reductions for serious financial hardship (s 24(2)) and other mechanics (ss 21–23).
Conduct obligations and confidentiality: prescribes misconduct-type obligations such as not intentionally prejudicing functions (s 27), rules on unauthorised disclosure or access to AFP conduct‑related information (ss 28–29), and reporting requirements for bankrupt appointees (s 30).
Drug and alcohol testing framework: authorises who may give testing directions (s 31), who may conduct tests and operate equipment (s 32), standards for how tests are conducted (s 33), handling and destruction of body samples and test records (ss 34–35), disclosure rules for test results (s 36), and detailed procedures for breath, blood, non‑urine drug tests and urine tests including reference to the AS/NZS 4308:2008 standard (ss 37–48).
Property return, search and disposal: requires AFP appointees leaving service to return AFP property (s 62), provides a warrant process to recover returnable property (ss 63–69), and prescribes how unclaimed or evidentiary property is dealt with, including sale notices and immediate disposal for health/safety grounds (ss 70–78).
Fees and cost recovery for services: prescribes fees for certain services and a method for charging for AFP appointee time (Schedule 3; ss 5 definition of cost to AFP; s 80). The Commissioner may waive or exempt fees in specified circumstances (s 81).
Delegation and administrative provisions: allows the Commissioner to delegate powers in writing (s 79), prescribes awards and criteria (s 50; Schedule 2), and contains transitional saving provisions and repeal of the 1979 Regulations (Part 6; Schedule 4).
Who is affected
AFP appointees (Commissioner, Deputy Commissioners, members, special members, protective service officers and special protective service officers): employment values, suspension powers, testing obligations, confidentiality and property-return duties (multiple sections: ss 6–12, 17, 27–35, 62).
The Commissioner of Police: wide operational discretion — making suspensions (s 8), directing testing (s 31), approving training and facilities for testing (ss 38, 40–42), approving waivers of fees (s 81) and directing disposal of property (ss 72–76).
Paying officers and administrative staff: appointed to implement salary deductions and manage payments to judgment creditors (ss 20–26).
Members of the public and external organisations: may be charged fees for AFP services (s 80; Schedule 3) and may interact with AFP on property claims (Part 4, Division 2).
External laboratories and health professionals: may be approved or determined to be authorised laboratories and analysts (ss 40–41, 44–46).
Why it matters (official purpose claims and how they map to practical effects)
The Regulations repeatedly state they are made to implement specified paragraphs of the AFP Act (see many sections starting “This section is made for the purposes of … of the Act” — e.g. ss 6, 9, 31, 39, 52). Practically, the instrument translates legislative powers into operational rules: it sets standards and procedures for suspension, testing, evidence/certificate formats, record‑keeping and sample handling, payroll deductions, property recovery and disposal, fees, and review processes. Those rules determine who decides (frequently the Commissioner or delegated officers), who bears costs, and how much discretion internal actors have.
Implementation, incentives and trade‑offs (mechanics, costs and risks)
Who pays: individuals or organisations requesting AFP services may pay the fixed fees in Schedule 3 or the AFP’s computed “cost to AFP for use of AFP appointee’s time” (Schedule 3; definition in s 5). Judgment creditors receive deducted salary amounts that are treated as salary paid to the debtor and paid on to the creditor (ss 21, 23). The Commissioner may waive fees (s 81).
Who decides and discretion: the Commissioner holds significant discretion (s 8 suspension, s 9 remuneration during suspension, s 11 testing directions, s 31 authorisations, ss 40–41 lab/facility approvals, ss 72–76 property disposal, s 79 delegations). That discretion governs operational choices (e.g. approving which facilities or courses, whether to retain samples longer) and so concentrates decision power within AFP management (see ss 31, 40, 34(4)).
Compliance burden on staff: AFP appointees face affirmative duties (comply with testing directions s 11; keep financial statements confidential s 17; return issued property s 62; restrictions on disclosure and access s 28–29). Failure to return property can attract a penalty (5 penalty units) (s 62(2)).
Administrative and implementation costs: the Regulations create record‑keeping and evidence requirements (certificates for breath/blood/analyses ss 37(5), 45(1–2); secure storage and destruction of samples and records ss 34–35). Those requirements will need procedures, trained staff and secure storage systems.
Trade‑offs and opportunity costs: the rules for deduction from salary (ss 21–24) provide an internal enforcement route for judgment creditors but impose payroll administration costs and potential hardship for debtors; the default rate is 20% of net salary but can be reduced for serious hardship or increased at the debtor’s request (s 24). The Commissioner’s power to dispose of unclaimed or dangerous property (ss 72–76) enables timely action but requires safeguards (notice, opportunities to claim, and avenues to seek market value from courts — s 77).
Risks and safeguards: technical testing standards (e.g. AS/NZS 4308:2008 for urine tests — s 47(2)), double‑container sampling for non‑urine samples (s 43), and independent retesting where results are disputed (s 46) are procedural safeguards. At the same time, broad discretion over lab approvals and retention of samples (ss 40, 34(4)) gives administrators choice that must be managed through audit and policy to avoid inconsistent practice.
In short, the Regulations operationalise Act powers by prescribing procedures, roles and evidence standards. They allocate costs to users for certain services, create internal payroll enforcement mechanisms for judgments, and give the Commissioner broad administrative discretion while specifying certain procedural safeguards for testing, property handling and review processes.
The instrument therefore operationalises multiple powers in the Act. It substitutes the prior regulatory framework, sets concrete procedural steps (for suspension, testing, property, deductions, and reviews), and embeds evidentiary presumptions (certificates prima facie evidence, s 49). The text itself contains detailed time limits and record‑keeping obligations that shift decision-making burdens into administrative processes (for instance, notice, destruction and retention windows for samples and records, ss 34-35, 45(3)). Where the instrument refers to terms defined in the Act or other statutes, it preserves links to those external definitions (see s 5).
Main concepts
The instrument organises its rules around discrete operational concepts that translate statutory powers in the Act into administrative practice. Key concepts and the statutory mechanics that implement them include:
Values for employment decisions (s 6). The instrument prescribes a list of values that must inform AFP employment decisions: impartiality and professionalism, merit, freedom from discrimination, openness and accountability, fairness, equity in employment and effectiveness. These are mandatory reference points "for the purposes of paragraph 70(k) of the Act" (s 6). They are framing devices for decision‑makers but are not given specific enforcement mechanics inside the instrument beyond the requirement that employment decisions be "based on" these values.
Competence and qualification for commissioned officers (s 7). The instrument sets three mechanical gates for commissioned police officer status: minimum age 18, requisite experience/qualifications/training, and a general suitability assessment "having regard to any other factors relevant" (s 7). This defines how subsection 40D(3) of the Act is to be applied.
Suspension regime (ss 8-12). The Commissioner may suspend an AFP employee in writing where there are reasonable grounds to believe the employee has engaged or may have engaged in conduct contrary to AFP professional standards or corrupt conduct (s 8(a)); to allow contesting a non‑parliamentary election (s 8(b)); or if charged with a relevant offence and the Commissioner reasonably believes they should not continue duties until the charge is resolved (s 8(c)). The Commissioner may direct suspension without remuneration (s 9(2)); otherwise only base salary is payable (s 9(3)). Suspension can be ended when specified grounds are disposed of, with precise triggers for each suspension category (s 10). An authorised person may direct an AFP employee suspended from duties to undergo alcohol screening, breath testing or provide a body sample for prohibited drug testing; the employee must comply (s 11).
Undertakings, oaths and affirmations (ss 13-14 and Schedule 1). Prescribed forms for undertakings (Form 1) and oaths/affirmations for particular ranks and roles are set out in Schedule 1 and prescribed by ss 13-14. The instrument states that religious texts are not necessary to swear the oaths (s 14(3)).
Election resignations and reinstatement (ss 15-16). An AFP employee may resign to contest parliamentary elections within a specified notice window and must give 2 weeks' written notice prior to the proposed resignation (s 15). Reinstatement is permitted on specified conditions, with recognition of continuous service and continuation of prior declarations (s 16).
Confidentiality of financial statements (s 17). Statements given under s 40L of the Act are confidential, must be stored and handled to preserve confidentiality and used only for the purpose for which they were collected (s 17).
Payroll deductions for judgment debts (ss 18-26). The instrument creates an administrative process for satisfying judgment debts by making deductions from a debtor's salary: appointment of paying officers (s 20), start of deductions only on receipt of a statutory declaration by a judgment creditor and a certified copy of the judgment (s 21(1)(a)), required prior notice to the debtor (s 21(2)), default deduction rate of 20% of net salary with limited discretion to reduce for serious hardship (s 24), ranking of multiple debts by receipt order (s 22), and administration and recovery of overpayments (ss 25-26). Net and total gross salary are explicitly defined and exclude salary sacrifice reductions (s 24(5)-(6)).
Conduct obligations and disclosure limits (ss 27-30, 36). The instrument prescribes specific prohibitions (e.g., intentionally prejudicing police services by failing to attend duties or absences without authority, s 27), strict limits on unauthorised disclosure/use of information, including matters arising under Part V of the Act and ministerially directed inquiries (s 28), and an explicit prohibition on unauthorised access/use of information outside performance of duties (s 29). There is a requirement to notify the Commissioner if an appointee becomes a bankrupt (s 30).
Drug and alcohol testing framework (ss 31-48). The instrument specifies who can authorise tests (s 31), who can conduct tests and operate equipment (s 32 and table), general conduct standards for tests (s 33), strict chain‑of‑custody, storage and destruction rules for body samples and test records (ss 34-35), limited disclosure rules and recipients who may receive test results (s 36), detailed breath test procedures and certificates (s 37), procedures for blood and non‑urine samples including requirements to split samples into two sealed containers (s 43) and analyst certificates (s 44-45), rights to collect unanalysed samples and pursue independent retesting (s 45(3)(b), s 46), and standards for urine sampling (s 47 referencing AS/NZS 4308:2008).
Property recovery and disposal (Part 4, Divs 1-2). The instrument obliges departing officeholders to return specified returnable property and creates an offence with a 5 penalty unit sanction for failure to return (s 62). It provides a Magistrate warrant process to enter premises to locate returnable property (s 63), sets procedural safeguards including announcement, production of identity and warrant copy (ss 64-66), allows occupiers to observe execution (s 67), imposes a duty to assist officers executing warrants with a 5 penalty unit sanction for non‑compliance (s 68), prescribes procedures and timelines for return, claim, disposal, sale notice and distribution of sale proceeds where property is unclaimed or held for evidentiary use (ss 71-78), and allows immediate disposal of dangerous or offensive property subject to notice and exceptions where notice may prejudice investigations (s 76).
Fees and waivers for AFP services (s 80, s 81 and Schedule 3). The instrument sets prescribed fees for a range of services and a defined method for charging costs where fees are linked to the "cost to AFP for use of AFP appointee’s time" (definition in s 5 and Schedule 3). The Commissioner may waive fees for hardship or other reasons and exempt fees where activities are charitable (s 81).
Review and procedural fairness (Part 3). The instrument establishes review rights and minimum procedures for reviews of retirement for incapacity (ss 53-60) and requires that a review process for employment decisions exist and be at least as favourable as a specified certified agreement (s 61(1)-(2)).
These concepts are implemented through specified written processes, certificate/evidence rules (s 49), timelines for notices and retention, and numerous powers left to the Commissioner to approve training, determine authorised laboratories, approve facilities and courses, and to delegate powers (ss 38, 40-42, 49, 79). The instrument thus converts broad statutory powers in the Act into operational steps, evidentiary presumptions, administrative duties and procedural safeguards.
Who it affects
The instrument explicitly addresses a defined universe of actors and, through its procedural provisions, shapes their obligations, rights and interactions. Principal categories are:
AFP appointees: This is the core cohort affected. The instrument repeatedly addresses "an AFP appointee" including members, special members, protective service officers and special protective service officers, the Commissioner and Deputy Commissioners. Duties on conduct, disclosure, testing, return of property, bankruptcy notification and procedural protections apply directly to them (see ss 5 definitions, 27-30, 30, 62).
Commissioner of Police and senior AFP decision‑makers: The Commissioner is central. The instrument confers multiple powers on the Commissioner: to suspend employees (s 8), direct unpaid suspension (s 9), end suspension (s 10), authorise persons to give testing directions (s 31), approve training and facilities (ss 38, 40-42), determine authorised laboratories, delegate functions (s 79), waive fees (s 81) and disclose test results to specified external heads of agencies (s 36(3)). The Commissioner must also ensure a review process exists (s 61).
Paying officers and payroll administrators: The payment/deduction scheme requires the Commissioner to appoint paying officers (s 20) and imposes duties on them: receipt of statutory declarations and certified judgments before starting deductions (s 21(1)(a)), giving notice to debtors (s 21(2)), applying deduction rates and reductions for hardship (s 24), administering multiple judgments (s 22), payment of deducted amounts to judgment creditors (s 21(5)), suspending deductions in certain circumstances (s 25(1)(b)), and notifying creditors if employment ceases (s 25(2)).
Judgment creditors and debtors: Judgment creditors wishing to recover by payroll deduction must provide a statutory declaration and certified judgment to a paying officer (s 21(1)(a)). Debtors subject to deductions are affected by the deduction rate (20% default) and by definitions of net and gross salary that exclude salary sacrifice reductions (s 24). The instrument excludes the deduction scheme where a debtor's estate has been sequestrated and a certificate of discharge not yet obtained (s 18(2)).
Persons and organisations seeking police services: External clients,Commonwealth agencies, individuals, corporations and other organisations,are affected where services are provided for a fee under s 80 and Schedule 3. Fees and the method for calculating "cost to AFP for use of AFP appointee’s time" (s 5 definition) influence pricing for commercial or non‑core services.
Magistrates and courts: The instrument authorises Magistrates to issue warrants to search premises for returnable property (s 63), confers personal powers on Magistrates (s 69), and gives courts jurisdiction to order market value compensation where property has been disposed of improperly (s 77). Courts are also the fora for resolving competing claims to property (ss 71, 73).
Authorised laboratories, analysts and medical practitioners: Under the testing framework, accredited or Commissioner‑determined authorised laboratories, analysts, medical practitioners and trained staff are prescribed as persons authorised to conduct and analyse tests (ss 32, 40-41, 44). The Commissioner can determine and certify facilities and courses (ss 40-42, 38, 48).
Persons entitled to lawful possession of found property and finders: The instrument sets claim procedures for found property (ss 71-72) and establishes rules for distribution of sale proceeds and compensation (s 78), affecting owners and finders.
Heads of Commonwealth agencies, State/Territory police and integrity agencies: Those heads may receive disclosed test results from the Commissioner when appropriate for specified purposes such as security clearance or assessing suitability (s 36(3)-(4)). Also, the instrument permits certain test results to be provided to these entities under strict conditions.
Merit Protection Commissioner and applicants for review: The Merit Protection Commissioner performs reviews of retirement due to incapacity and is granted powers to request documents, exclude sensitive information and make recommendations to the Commissioner of Police (ss 53-59).
Collectively, the instrument concentrates decision‑making power at the Commissioner (and delegated officials), places compliance and procedural burdens on AFP appointees and paying officers, and establishes protocols that involve external laboratories, courts and other agencies. It creates binding procedural steps for external actors who seek to recover judgment debts from AFP salaries, reclaim property, or receive certain police services for a fee.
Key duties and rights
The instrument sets out specific duties for various categories of actors and confers procedural rights. The duties are concrete administrative obligations; the rights are principally procedural safeguards.
Key duties
Commissioner and authorised persons:
To base AFP employment decisions on the listed values (s 6).
To issue written suspensions and to end them in writing, and to determine the grounds on which suspensions are disposed of (ss 8, 10).
To authorise persons in writing to give testing directions and to issue certificates to authorised persons (s 31(2), (4)).
To determine and certify authorised laboratories and approved facilities for taking samples (ss 40-41).
To approve training courses for breath testing, collecting body samples and supervising urine samples (ss 38, 42, 48).
To appoint paying officers where deductions from salary are required and to delegate that power when the Commissioner is the debtor (s 20).
To waive or exempt fees for services (s 81).
To ensure a review process exists and meets a specified favourable standard (s 61).
Paying officers:
To receive a statutory declaration from a judgment creditor and a certified copy of the judgment before starting deductions (s 21(1)(a)).
To notify the debtor in writing and require the debtor to state whether the judgment has been satisfied, providing evidence if so (s 21(2)).
To deduct on each pay day the amount specified by s 24 (default 20% of net salary) or a lesser amount if appropriate (s 21(3)).
To apply the ordering rules where multiple judgment debts exist (s 22).
To pay deducted amounts to the judgment creditor and to suspend deductions if confirmation of the debt’s existence is required (ss 21(5), 25(1)(a)-(b)).
AFP appointees:
Must not intentionally prejudice police services or protective service functions by failing to attend or being absent without authority (s 27).
Must not make unauthorised disclosures of specified matters relating to professional standards processes or ministerial inquiries (s 28).
Must not use or obtain access to information except in performance of duties (s 29).
Must notify the Commissioner in writing if they become bankrupt and provide required bankruptcy information (s 30).
Must return returnable property promptly upon cessation of their AFP appointment; failure is an offence (s 62).
Authorised persons conducting tests:
Must conduct tests respectfully, afford reasonable privacy, limit visual inspection and remove only necessary clothing (s 33).
Must collect body samples into two containers, label and seal them, and arrange delivery to an authorised laboratory (s 43).
Must provide certificates of breath or laboratory analysis with specified content (ss 37(5), 45(1)-(2)).
Key rights and procedural protections
Notice and review of suspension: An AFP employee suspended has a defined process for ending suspension when grounds are disposed of (s 10). Suspension must be in writing (ss 8, 10(1)).
Right to be informed of test results and to collect samples: After an analysis of a non‑urine sample, the authorised person must give the appointee written notice of results and inform them of the right to collect the unanalysed sample and the analysis result within 56 days and to have independent testing (s 45(3)(b)(i)-(ii)). Disputed results trigger availability of the unanalysed sample for independent testing and re‑examination of records (s 46).
Privacy and confidentiality of financial statements: Financial statements given under s 40L of the Act are confidential and may only be handled by the Commissioner or authorised persons and only for the purpose for which they were collected (s 17).
Procedural protections in review of incapacity retirement: Applications for review go to the Merit Protection Commissioner via the Commissioner of Police within 28 days (s 53); reviews must be conducted with due regard to procedural fairness, in private, as quickly and informally as proper consideration allows (s 55). The Merit Protection Commissioner may limit disclosure of medical information to protect health and must provide it to a nominated medical practitioner if requested (s 58).
Rights during warrant execution: Occupiers may be shown the officer’s identity, be given copy of the warrant and informed of rights to observe execution; they must provide reasonable facilities and assistance but may observe subject to not impeding execution (ss 64-68). The officer must possess the warrant or a copy (s 65).
Evidential presumptions: Certificates issued by authorised persons, analysts or under s 31(4) are prima facie evidence of the matters stated (s 49). This shifts evidential burdens in administrative and possibly disciplinary settings.
Fees and waivers: External clients have a right to seek waiver or exemption of fees; the Commissioner may waive fees for financial hardship or for other reasons, and fees are not payable where the activity is charitable (s 81).
These duties and rights are framed as administrative obligations and procedural safeguards, with enforcement mechanics provided either by express offences (e.g., s 62(2), s 68(2)) or by administrative consequence (suspension, retention/destruction of samples, payroll deductions). The instrument repeatedly requires written processes and written notices, and creates time‑limited entitlements for collection and independent testing of samples, and defined evidentiary weight for certificates.
Penalties and enforcement
The instrument establishes a limited number of express criminal penalties, broad administrative enforcement powers and prescribed administrative remedies and processes. Enforcement mechanisms are implemented through offences, payroll deductions, property seizure powers and evidentiary presumptions.
Express criminal penalties and sanctions
Failure to return returnable property: A person who ceases AFP appointment and does not return returnable property "as soon as it is reasonably practicable to do so" commits an offence with a penalty of 5 penalty units (s 62(2)). The instrument specifies what constitutes returnable property and allows the Commissioner to determine "prescribed property" that need not be returned (s 62(3)-(4)).
Failure to provide assistance during warrant execution: An occupier who fails to provide reasonable facilities and assistance to officers executing a warrant commits an offence with a penalty of 5 penalty units (s 68(2)).
Other consequences for property and records: While not expressed as criminal penalties, sections dealing with disposal of property and sale proceed shields the Commonwealth from civil action after disposal (s 72(5), s 76(5)) while preserving rights to seek market value in court where disposal was improper (s 77).
Administrative enforcement mechanisms and processes
Suspension and suspension without pay: The Commissioner can suspend an AFP employee in writing where grounds exist (s 8). The Commissioner may direct that suspension is without remuneration; if so, the employee is not entitled to pay while suspended (s 9(2)). Otherwise, while suspended the employee is entitled only to base salary (s 9(3)). These provisions are administrative enforcement tools that affect an employee’s income and employment status.
Direction to undergo tests and compliance: An authorised person may direct a suspended employee to undergo alcohol screening, breath testing or provide a body sample (s 11). The instrument mandates compliance with such directions (s 11(2)), and places obligations on authorised persons to follow respectful and privacy‑protecting procedures (s 33). Non‑compliance is not specified directly as a criminal offence in the instrument text, but the instrument makes the direction mandatory.
Payroll deductions for judgment debts: The instrument enforces satisfaction of money judgments via payroll deductions. Deductions may commence only after a paying officer receives a statutory declaration from a judgment creditor and a certified copy of the judgment (s 21(1)(a)). The paying officer must give written notice to the debtor and only proceed if the debtor does not satisfy the paying officer that the judgment is discharged (s 21(2)-(3)). The instrument provides mechanisms for prioritising multiple judgments (s 22), and treats amounts paid via deduction as if paid by the Commonwealth to the debtor and by the debtor to the judgment creditor (s 23). Net salary deduction rate is set at 20% by default (s 24(1)) with limited ability to reduce for serious financial hardship (s 24(2)) and to increase on debtor request (s 24(3)). Overpayment recovery is required, and creditors must repay excesses (s 26).
Warrant and seizure powers: The Commissioner or authorised AFP member may apply to a Magistrate for warrants to enter and search premises to recover returnable property; a Magistrate may grant such a warrant on oath/affirmation with reasonable grounds (s 63). Warrants empower AFP officers to enter at specified times, use assistance and reasonable force and to seize returnable property (s 63(3)). The instrument imposes procedural checks on execution (announcement, identity production, providing copies, right to observe, s 64-67) and sets out occupier duties and penalties for non‑compliance (s 68).
Control over body samples, record retention and disclosure: The instrument prescribes secure storage and destruction timelines for analyzed and unanalysed body samples and test records, with conditional retention for specified purposes (ss 34-35). The Commissioner has power to disclose test results to limited external authorities for security, character clearance, investigations and intelligence gathering (s 36(3)). Certificates produced by analysts and authorised persons are prima facie evidence (s 49), creating logistical and evidential enforceability for results and related administrative decisions.
Evidentiary and remedial rules
Certificates and prima facie evidence: Certificates issued under ss 31(4), 37(5) or 45 are prima facie evidence of the matters stated (s 49). This shifts evidentiary burdens and supports administrative enforcement such as disciplinary action, security clearances or court proceedings.
Civil remedies preserved in courts: The instrument contemplates court oversight of certain disposals and recovery of market value where disposals were improper (s 77) and lists courts as venues for resolving competing claims to property (ss 71(4), 73(3)). It also prescribes that a person has no right of action against the AFP after lawful disposal under specified sections (s 72(5), s 76(5)).
Operational enforcement risks and discretion
Broad Commissioner discretion: Enforcement often depends on the Commissioner’s written determinations and delegation (ss 9, 11, 34(4), 36(3), 40, 41, 79). The Commissioner may determine retention of samples for further periods for specific purposes (s 34(4)) and may disclose test results to specified heads of agencies where he or she is satisfied of appropriateness (s 36(3)). That discretion operationally channels enforcement but also concentrates decision authority.
Administrative process as enforcement: The instrument relies heavily on administrative steps (written notices, certificates, statutory declarations, certified judgments, time‑limits for collection and retesting). Many enforcement outcomes (deductions, suspensions, disclosures, property disposal) hinge on completing written steps correctly. Errors in administration can affect the enforceability of actions; for example, deductions begin only after the paying officer has given the debtor the specified notice (s 21(2)).
The instrument therefore combines limited express criminal penalties with a framework of administrative enforcement tools,payroll deductions, suspension without pay, warrant powers, evidentiary presumptions and Commissioner determinations,backed by procedural safeguards (notices, time limits, rights to independent testing and review). The text emphasises documentation and certificates as central to enforcement.
How it interacts with other laws
The instrument repeatedly references and interacts with provisions of the Australian Federal Police Act 1979 and several other Commonwealth and State/Territory legal instruments. These interactions shape interpretation and limit or extend application.
Interaction with the Act
The Regulations are made under the Act (s 3), and many provisions are expressly "for the purposes" of particular paragraphs or sections of the Act (for example, s 6 for paragraph 70(k), ss 7, 8, 9, 10 for various subsections of the Act). The instrument operationalises numerous statutory powers: suspension powers (ss 8-11, implementing paragraph 40J(1)(a) and related Act provisions), testing powers (ss 31-48 for ss 40M, 40N and 40P), employment decision standards (s 6 for paragraph 70(k)), and processing of financial statements (s 17 for paragraph 70(j)). Throughout the instrument, the Act supplies definitions and the underlying legal authority.
References to State and Territory law
Approved breath analysis instrument: The instrument defines an "approved breath analysis instrument" in s 5 by reference to approval under the law of the State or Territory where the breath test is conducted (s 5 definition). For breath tests conducted in external Territories or foreign countries the approval is to be under a law of a State or the Australian Capital Territory. This links the instrument's operational standards to State/Territory technical approvals.
Application of State or Territory laws for judgment debt interest: The Division on deductions states that a law of a State or Territory dealing with satisfying a judgment debt applies to calculation of interest only (s 19). That limits the operation of State/Territory laws to interest calculation in this federal payroll deduction context and excludes those laws for other purposes.
References to other Commonwealth statutes and standards
Child Support (Assessment) Act 1989: The definition of net salary for deduction purposes deducts child support where applicable in accordance with that Act (s 24(5)(b)).
Health Insurance Act 1973: Definitions of "medical practitioner" and "registered nurse" are given the same meaning as in the Health Insurance Act (s 5 definitions), making those external statutory definitions operative for testing and sample collection provisions (ss 32, 42-44).
Safety, Rehabilitation and Compensation Act 1988 and other Commonwealth workers’ compensation laws: Retention of samples may be authorised if they are needed for proceedings under the Safety, Rehabilitation and Compensation Act 1988 or other workers’ compensation laws (s 34(4)(c)(iv)).
Standards AS/NZS 4308:2008: Urine sampling and analysis must be performed in accordance with that Australian/New Zealand Standard (s 47(2)), making an external technical standard binding for urine tests.
Surveillance Devices Act 2004: The instrument preserves certain forms continued in force for purposes of Division 2 of Part II of the Act as it applies under item 3 of Schedule 1 to the Surveillance Devices Act 2004 (s 85), signalling an inter‑statutory preservation for surveillance device purposes.
Courts and judicial processes
Warrant and property proceedings implicate State/Territory Magistrates and courts: The Magistrate issues warrants under the instrument’s property recovery powers (s 63); courts have jurisdiction to resolve competing claims and may order market value compensation where property has been improperly disposed of (ss 71(4), 73(3), 77). The instrument directs parties to State/Territory courts for property claims and envisions cross‑jurisdictional judicial interaction.
Administrative and secrecy regimes
Section 60A of the Act (secrecy): The instrument treats persons covered by s 60A as restrained in disclosing test results except in limited circumstances specified in s 36(2). The instrument therefore embeds a secrecy regime that mirrors or operationalises s 60A constraints.
Limits and carve‑outs
Sequestration carve‑out: The Division on deductions does not apply to a debtor whose estate has been sequestrated and who has not yet been discharged (s 18(2)), recognising bankruptcy processes and surrender to sequestration under other laws.
Instances where notice may be withheld: The property disposal process permits the Commissioner to withhold notice of disposal where giving the notice would prejudice an ongoing investigation or legal proceedings (s 76(4)). That creates an operational exception to general notice requirements in order to protect ongoing prosecution or investigative aims.
Overall, the instrument is tightly integrated with the Act and selective external statutes and standards, using cross‑references to adopt external technical, definitional and procedural regimes. It prescribes interplay with State/Territory approval systems (breath instruments), relies on external definitions (medical practitioners, nurses), and channels disputes and remedies to courts. The instrument also constrains the application of State/Territory law in certain respects (s 19) to make the federal scheme self‑contained for deduction procedures.
Amendment history
The text supplied is the Australian Federal Police Regulations 2018 as made and in force from commencement. The instrument contains its own limited internal history and transitional mechanics:
Repeal of previous regulations: The entire Australian Federal Police Regulations 1979 are repealed by this instrument as set out in Schedule 4 (Schedule 4; see also s 4 which instructs amendments or repeals listed in Schedule 4). Schedule 4 lists "The whole of the instrument" and instructs repeal of the 1979 regulations.
Commencement: The instrument specifies commencement in s 2 with a commencement table showing that "the whole of this instrument" commences the day after registration, noted as 17 August 2018 in the commencement details (s 2).
Transitional and savings provisions: Part 6 (Division 1) contains transitional provisions dealing with continuity from the old regulations:
Definitions for transitional purposes are in s 82.
Acts done under the old regulations are preserved if they can be done under the new instrument, including notices and approvals (s 83).
Conduct, events or circumstances before commencement may be addressed under this instrument (s 84) , for example, deductions may be made in relation to pre‑commencement judgment debts, and property may be dealt with if it was in the AFP’s possession before commencement (s 84(1) examples).
Saving of forms: despite repeal of certain Forms in the 1979 Regulations, Forms 4-6 continue to apply post‑commencement for specified surveillance device Act purposes (s 85).
No later amendments recorded in the supplied text: The instrument contains a note in s 2 that the table relates only to the provisions as originally made and will not be amended here to reflect later amendments. The supplied instrument itself, as given, does not include subsequent amendment entries or dates beyond the original commencement and repeal of the 1979 Regulations.
In short, the 2018 instrument replaced the 1979 regulations in full on 17 August 2018, and includes transitional provisions to preserve prior acts and forms where necessary. The instrument does not, within the provided text, record any later amending instruments or changes.
Litigation history
The legislation text supplied does not reference any judicial decisions, reported litigation, disputes, or litigation history. There are no cases named or cited in the instrument. Sections that contemplate court involvement do so by prescribing where disputes are to be brought (for example, competing claims for property to a State or Territory court under ss 71(4), 73(3); and the power of a court to order market value compensation under s 77), but the instrument itself does not summarise, cite or record outcomes of litigation.
Therefore, based solely on the supplied source text, there is no litigation history embedded within the instrument. Any particulars about how courts have interpreted or applied these Regulations, or judicial review decisions concerning their operation, are outside the scope of the provided document and are not included here.
Gotchas
The instrument contains numerous specific procedural and definitional details that can produce practical compliance risks or unintended operational outcomes if overlooked. The following are concrete "watch points" grounded in the text, with the precise sections cited.
Suspension without pay and limited pay entitlements: The Commissioner can direct that a suspension is without remuneration (s 9(2)). If this direction is given, the suspended employee is not entitled to be paid while suspended, subject only to subsection 40J(3) of the Act (s 9(2)). If no such direction is given, the employee is entitled only to base salary while suspended (s 9(3)). Practically this means suspension can significantly affect take‑home pay; the instrument distinguishes base salary from remuneration, and other allowances may cease during suspension.
Testing directions are mandatory while suspended: An authorised person may direct a suspended employee to undergo alcohol screening, breath or prohibited drug tests and the employee "must comply" (s 11(1)-(2)). The coercive nature of those directions is explicit.
Chain of custody and two sealed containers for non‑urine samples: For blood and other body samples (not urine), an authorised person must place approximately equal quantities into two containers, label and seal them and arrange both sealed containers be sent to an authorised laboratory (s 43). Failure to follow these steps could compromise evidentiary integrity and the rights to independent testing under s 46.
Retention and destruction timelines: Analysed samples indicating alcohol or prohibited drugs are to be destroyed before the end of three years after the test; other analysed samples are to be destroyed as soon as practicable and no later than six months after the test (s 34(3)). However, the Commissioner may determine in writing to retain samples longer for specified purposes (s 34(4)); retained samples must still be destroyed at the end of the longer determined period (s 34(5)). Test records are also subject to destruction rules but may be retained in de‑identified form for statistical databases (s 35(3)-(4)). These timelines and retention powers create compliance complexity for record managers.
Limited disclosure of test results: Persons covered by s 60A of the Act may disclose test results only in limited circumstances (s 36(2)). The Commissioner can disclose test results to specified heads of agencies if satisfied it is appropriate for narrow purposes (s 36(3)-(4)). The disclosure scheme is tightly limited; unauthorised disclosure of prescribed information may be an offence under s 60A of the Act (as noted in s 36 note). Organisations requesting test results must therefore expect tightly controlled release.
Payroll deduction starting conditions: Deductions to satisfy judgment debts may start only after the paying officer receives (i) a statutory declaration by the judgment creditor that the judgment debt exists and (ii) a copy of the judgment certified by the court Registrar or appropriate officer (s 21(1)(a)). The paying officer must also notify the debtor in writing and allow the debtor to respond (s 21(2)-(3)). Failure to comply with these procedural prerequisites can invalidate a deduction attempt.
Net salary calculation and exclusion of salary sacrifice: Net salary is defined as total gross salary less income tax, child support (if applicable) and minimum superannuation contributions (s 24(5)). Total gross salary explicitly excludes reductions for salary sacrifice (s 24(6)). This means payroll deductions for judgments will be based on a grosser base than some employees might expect, effectively increasing the deduction quantum relative to take‑home pay.
Default deduction rate and limited relief: The default deduction rate is 20% of net salary (s 24(1)). The paying officer may reduce the rate only where satisfied on reasonable grounds that the debtor is suffering or would suffer serious financial hardship (s 24(2)). Conversely, a debtor can request a higher rate which the paying officer must comply with (s 24(3)). The net effect is a rigid default with limited and debtor‑initiated flexibility.
Right to independent retesting is time‑limited: After non‑urine analyses, the appointee may collect the unanalysed sample and the result within 56 days of notice and may arrange independent testing; the unanalysed sample may be destroyed if not collected within six months of notice (s 45(3)). Delay can therefore foreclose independent retesting claims.
Property return and "prescribed property" carve‑outs: Returnable property is defined and excludes "prescribed property" which the Commissioner in writing may determine need not be returned if not necessary for "good governance" (s 62(3)-(4)). The Commissioner’s written determination on prescribed property is the operative mechanism; affected ex‑appointees and their advisors should check whether property has been so prescribed.
Warrant execution procedural obligations and exceptions: Officers executing warrants must announce their authority, show identity and give an opportunity to allow entry (s 64(1)), but can enter immediately without those formalities if they reasonably believe immediate entry is required for safety or to prevent frustration of the warrant (s 64(2)). The instrument requires officers to show identity as soon as practicable after entering where they omitted prior announcement (s 64(3)). Practitioners should be alert to the balancing of occupier rights and operational exceptions.
Certificates as prima facie evidence: Certificates issued under ss 31(4), 37(5) or 45 are prima facie evidence of the matters stated (s 49). The instrument thus gives weight to documentary certificates over evidentiary challenges absent rebuttal. Legal advisors should plan for the evidential status of certificates in disciplinary or judicial contexts.
Requirement for review process to match a past certified agreement: The Commissioner must ensure a review process exists at least as favourable as the Australian Federal Police Certified Agreement 1999-2000 as at 1 July 2000 (s 61(2)). This anchors minimum entitlements to a dated industrial instrument, creating potential interpretive issues as industrial standards evolve.
Each of these provisions carries procedural traps for non‑compliance or for missing statutory time windows and documentation requirements. The instrument relies heavily on written certifications, notices and time limits, meaning administrative errors can have material consequences for rights and enforcement.
How to comply
This section translates the instrument’s concrete mechanics into pragmatic compliance steps for the key actors identified in the text: the Commissioner and AFP administrators, AFP appointees, paying officers and external users interacting with AFP property, testing or fees.
For Commissioners and senior AFP administrators
Maintain written delegations and certificates: Where the instrument requires written authorisation (for authorising persons to give testing directions, appoint paying officers, determine authorised laboratories or approve facilities and courses), ensure those instruments of authorisation are in writing and that certificates are issued and available to be shown when requested (see s 31(2), (4); s 20(2)(c); ss 40-41). Keep records of all delegations under s 79.
Document suspension decisions and grounds: When suspending under s 8, document the reasonable grounds in writing and specify whether suspension is with or without remuneration (s 9). Record the factual basis for any decision to end a suspension under the criteria set out in s 10.
Set up secure sample handling and record‑management processes: Implement secure storage for body samples and related test records as required by ss 34(2)-(3) and 35(2)-(3). Keep track of retention deadlines (three years for samples indicating drugs/alcohol, six months otherwise, subject to s 34(4) retention determinations) and destruction actions. Implement chain‑of‑custody controls for splitting samples into two sealed containers for non‑urine samples (s 43) and for arranging prompt transport to authorised laboratories.
Approve and certify laboratories and training courses carefully: Use the powers in ss 38, 40-42 and 48 to approve courses, facilities and laboratories and to ensure approved personnel meet the qualification table in s 32. When approving, issue the written certificate required by ss 40(2)(a), 41(2)(a) and keep copies accessible.
Control disclosure of test results: Establish policies for disclosure consistent with s 36. Disclose test results only in the circumstances allowed by s 36(2) and (3), and document decisions to disclose test results to external agency heads with reference to the statutory purposes and the Commissioner’s satisfaction (s 36(3)).
Implement property return and recovery procedures: Create processes for ensuring departing appointees return returnable property promptly (s 62(1)). If property is not returned, follow the warrant process in s 63: gather oath/affirmation material to present to a Magistrate and document reasonable grounds for seeking a warrant. When executing warrants, implement the announcement, identity and notice obligations in ss 64-66 and provide occupiers written notice of rights and responsibilities.
For paying officers and payroll administrators
Verify preconditions before deductions: Before starting any payroll deduction under s 21, ensure the paying officer has received the statutory declaration from the judgment creditor and a certified copy of the judgment (s 21(1)(a)). Keep a checklist and scanning/certification process for incoming documents.
Provide required debtor notice and allow response: After satisfying s 21(1)(a), give the debtor written notice as required by s 21(2). Record the time limit set in the notice and retain debtor responses. If the debtor does not show the debt is discharged in the time specified, proceed with deductions only in accordance with s 21(3).
Calculate net and gross salary according to definitions: Compute net salary per s 24(5) and total gross salary per s 24(6). Note that salary sacrifice arrangements are not excluded from total gross salary for calculation purposes (s 24(6)). Apply default 20% deduction unless reduced for serious financial hardship following s 24(2), or increased at the debtor’s written request under s 24(3).
Maintain prioritisation order for multiple debts: If multiple statutory declarations exist, sequence deductions in the order they were received, per s 22. Record the dates and times of receipt and ensure earlier debts are satisfied before making deductions for later ones.
Communicate with judgment creditors: Pay deducted amounts to the judgment creditor (s 21(5)). Require creditors to confirm debts if necessary and suspend deductions until confirmations are received (s 25(1)). If the debtor’s employment ceases, notify the judgment creditor promptly (s 25(2)).
For AFP appointees
Comply with testing and directions during suspension: If directed under s 11 to undergo alcohol or drug testing while suspended, comply with the written direction and follow instructions for sample provision (s 11(2), s 33).
Exercise collection and retesting rights promptly: If a non‑urine sample is analysed, exercise the right to collect the unanalysed sample and seek independent retesting within the 56‑day window specified in s 45(3)(b)(i)-(ii). Recognise that uncollected unanalysed samples may be destroyed after six months (s 45(3)(b)(iii)).
Protect confidentiality and avoid unauthorised disclosure/use: Adhere to the prohibitions on unauthorised disclosure of matters arising under professional standards processes and ministerial inquiries (s 28) and on use or access to information except in the performance of duties (s 29). Ensure any internal handling of financial statements complies with the strict confidentiality and purpose limitation rules in s 17.
Return returnable property on cessation and challenge prescribed property determinations: On leaving the AFP, return any returnable property "as soon as it is reasonably practicable" (s 62(1)). If the Commissioner has made a written determination that property is "prescribed property" and need not be returned (s 62(4)), request the written determination and document retention or transfer as appropriate.
For external parties (property claimants, customers of police services, judgment creditors)
Claiming found property: If claiming found property under s 71, be prepared to show entitlement to lawful possession; the Commissioner must be satisfied before release (s 71(3)). If you are the finder and the owner has not claimed within three months, you may claim (s 71(2)(b)). If the AFP refuses to release, expect written reasons and information about claiming compensation (s 71(6)-(7)).
Seeking police services and paying fees: Where police services are provided under s 80, consult Schedule 3 for prescribed fees. For items where the "cost to AFP for use of AFP appointee’s time" applies (Schedule 3 items), expect fees calculated per the cost definition in s 5; the Commissioner may waive fees for hardship or exempt fees for charitable purposes (s 81).
Pursuing judgment debt recovery via payroll deductions: Judgment creditors must provide a statutory declaration and certified copy of the judgment to the paying officer to initiate deductions (s 21(1)(a)). Understand the ordering rules for multiple debts (s 22) and the payment process to receive deducted amounts (s 21(5)).
Record keeping and evidence management
Preserve certificates as evidence: Ensure that certificates produced after testing (s 37(5) for breath tests; s 45(1)-(2) for laboratory analyses) are retained and stored securely because they are prima facie evidence under s 49.
Manage destruction and retention schedules: Maintain a records timetable aligning with ss 34-35 and section 45 notice windows. If samples or records are to be retained under a Commissioner determination (s 34(4)), record the written determination and the purposes for retention.
Operational governance
Ensure policies and SOPs reflect statutory rules: Draft or update standard operating procedures for suspension, testing, sample handling, property return and disposal, payroll deductions, disclosure of test results and fee waivers that mirror the instrument’s text. Use checklists for the statutory preconditions (statutory declarations, notices, certified judgments) and preserve audit trails for decisions under the Commissioner’s discretionary powers.
Training and approvals: Arrange for approved training courses for personnel who will conduct breath tests, supervise urine sampling or collect other body samples as required by ss 38, 42 and 48; ensure trainers and participants have written approvals where required.
Following the instrument requires disciplined documentation, tight record retention and destruction processes and careful adherence to notice and certification steps. Administrative errors,missed notices, failure to provide statutory documents, failure to maintain chain of custody,can have material effects on the enforceability of suspensions, deductions, disciplinary actions and evidentiary uses of test results or property disposals.