This Act has been repealed and is no longer in force. It is retained for historical reference.
Jurisdiction
Commonwealth
Act Number
7 of 1987
Collection
act
Plain English Summary
6/10 complexity
What this law does, in plain language
Establishes a federal Protective Service called the Australian Protective Service ("Protective Service") and sets out who runs it and how it is organised (Commissioner as head, Director and protective service officers) (sections 5, 7, 8).
Defines the Protective Service's functions as protective and custodial services the Minister directs in writing (published in the Gazette). Examples listed include protecting Commonwealth property, property of foreign countries or international organisations, designated overseas missions, holders of Commonwealth offices and internationally protected persons, and custody under the Migration Act (section 6). The Act expressly excludes routine bodyguard services (section 6(4)).
Gives protective service officers a set of operational powers when the Protective Service is performing its functions:
arrest without warrant for a defined set of offences when the officer has reasonable grounds and the arrest meets necessity tests (section 13);
limits on use of force when arresting or preventing escape (section 14);
obligations to inform an arrested person of the substance of the offence and to take steps to explain it if there are language or disability barriers (section 15);
powers to search a person arrested and to seize weapons or evidence (section 16);
duty to deliver arrested persons and seized items to a police officer promptly (section 17);
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
criteria for releasing an arrested person once reasonable grounds cease (section 18).
Provides stop-and-search powers in places where the Protective Service is operating if an officer reasonably suspects items likely to cause substantial damage or serious harm (section 18B), and allows seizure of things found during those searches (section 18C).
Sets out a procedure for dealing with seized things: police must serve a seizure notice, owners may request return within time limits, and magistrates may order retention, forfeiture or disposal if returning the item would create the risks the search was intended to avert (sections 18D–18E). Timelines and steps are prescribed (for example, seizure notices within 7 days; 90-day request period; magistrate application by the 95th day) (section 18D–18E).
Extends some of these stop/search/seizure powers to members and special members of the Australian Federal Police in defined ways (modifications at section 18F).
Imposes workplace rules and identification requirements: officers must take an oath or affirmation before acting (section 10), wear prescribed uniform and display identification numbers on the front when in uniform (with monetary penalties for breach) (section 19), and present identity cards when exercising powers while out of uniform (section 20). Certain offences about returning uniforms or identity cards on leaving the Service are strict liability (sections 19(6), 20(4)). Penalties provided include $500 and $100 fines and a 20 penalty‑unit offence for providing false name/address where provided for (see section 18A and notes).
Confers immunity from State/Territory requirements that would otherwise force Commonwealth officers to licence or register Commonwealth property (section 22).
Provides administrative and governance mechanics: General Orders issued by the Director with Commissioner approval govern administration and operations (section 12); the Director has operational control under the Commissioner (section 11); the Director and Commissioner may delegate many powers to APS employees (sections 24–25); regulations and an annual report requirement are specified (sections 26–27).
Allows the Director to charge persons who request Protective Service functions, except certain Commonwealth officeholders or Commonwealth authorities; any charge must be reasonably related to cost (section 25A).
Applies Chapter 2 of the Criminal Code (general criminal responsibility) to offences against the Act (section 4A) and includes transitional and amendment-related provisions restoring continuity for pre-existing positions, oaths, orders and certificates (transitional Schedule items and amendment sections).
Stated purpose claims and the operational testing of those claims
The Act frames the Protective Service as a specialist federal agency to provide protective and custodial services when the Minister directs those functions in writing (section 6). That structure centralises decision-making about the Service's tasking with the Minister, and operational control with the Commissioner and Director (sections 5, 6, 11).
Testing that purpose against costs, incentives and trade-offs (source‑grounded):
Who pays: private persons who request services (other than specified Commonwealth persons/authorities) may be charged; the Director must set charges reasonably related to cost (section 25A). This creates a direct payment incentive for private users and a revenue constraint tied to cost.
Who decides and where discretion sits: the Minister directs the Protective Service's functions (section 6); the Commissioner creates positions and is Head of the Agency (sections 5, 7–8); the Director issues General Orders (with Commissioner approval) and appoints special protective service officers subject to Agency‑Head consent for APS employees (sections 9, 12). Significant operational discretion and delegation authority are vested in these offices (sections 24–25).
Compliance burdens on individuals: persons subject to Protective Service operations can be required to provide name, address, reason for presence and identity evidence when reasonably suspected of relevant offences; failing to comply can attract a penalty of 20 penalty units unless there is a reasonable excuse (section 18A). Officers must comply with identification, uniform and oath requirements; failure to return uniforms or identity cards on leaving the Service is an offence (sections 10, 19, 20).
Bureaucratic compliance and implementation tasks: the Director must enable officers to comply with uniform/ID rules (section 19(5)); the Protective Service must coordinate delivery of arrested persons and seized items to police (section 17) and police handle seizure notices and magistrate applications (sections 18D–18E). These provisions require active operational coordination with police and administrative follow-up.
Risk and substitution effects: the Act permits members of the Australian Federal Police to exercise many stop/search/seizure powers in specified circumstances (section 18F). That creates overlapping capability with the AFP and requires rules to determine when Protective Service or AFP powers apply (section 18F(2)–(5)).
Rights‑related constraints: use of force and search powers are limited by reasonableness and necessity tests, and searches of persons must be by an officer of the same sex where practicable; arrested persons must be told the substance of the offence and assisted to understand it if needed (sections 14–16). These limits place operational constraints on how powers are exercised and may affect timing and staffing choices.
Forfeiture and property risk: seized items can be forfeited to the Commonwealth if owners do not request return within prescribed timeframes and magistrates find return would create the risks the search aimed to prevent; police are required to serve seizure notices and follow set timelines (sections 18C–18E). This creates a concrete loss risk for owners who do not engage the return process.
Trade-offs and opportunity costs (mechanical, source‑grounded)
Resource allocation: empowering the Protective Service to perform directed protective/custodial tasks (section 6) uses federal staffing and budget capacity that could otherwise be deployed elsewhere in the AFP or other agencies; where private users pay (section 25A), that offsets some cost but only for services they request.
Implementation risk and administrative burden
The Act depends on written Ministerial directions, published notices in the Gazette and cooperation with other agencies (police custody, AFP members exercising powers under 18F), which creates coordination and procedural dependencies (sections 6, 17, 18F).
Procedural timelines for seized items (seizure notice within 7 days, 90‑day owner request window, magistrate action by 95th day) create fixed administrative deadlines that police and magistrates must meet (sections 18D–18E).
Who bears the burdens and who receives benefits (mechanical)
Beneficiaries of protective services: entities and persons the Minister directs the Protective Service to protect (section 6).
Payors: private persons who request Protective Service functions (except certain Commonwealth officeholders and authorities) may be charged, and charges must be related to cost (section 25A).
Persons subject to operational powers: individuals who are on or near locations where the Protective Service is performing functions may be subject to identity requests, stops, searches and potential arrest under the Act (sections 13, 18A, 18B).
Key statutory limits and procedure points to note (source citations)
Ministerial direction required for functions to be provided (section 6).
Arrest, search, seizure and custody rules including delivery to police (sections 13–18, 18B–18E).
Penalties and strict‑liability offences for failure to display ID or return uniform/ID cards on leaving (sections 19(3A), 19(6), 20(4)).
Authority for AFP members to exercise modified versions of search/seizure/identity powers (section 18F).
Director may charge for services requested by private persons; charge must be reasonably related to cost (section 25A).
Overall mechanical effect
The Act creates and governs a Commonwealth Protective Service with specified protective and custodial functions, gives its officers specific arrest, search and seizure powers (with procedural safeguards and timelines), provides governance and delegation mechanics for how the Service is run, permits limited cost recovery from private requesters, and sets identification, uniform and reporting obligations. The Minister, Commissioner and Director hold central decision and delegation roles, police cooperation is required for custody and seized‑item processes, and AFP members are explicitly incorporated to exercise some powers under defined conditions (sections 6, 17, 18F).