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AVIATION CRIMES AND POLICING LEGISLATION AMENDMENT ACT 2011 (NO. 1, 2011) - SCHEDULE 2

Policing at airports

   

Australian Federal Police Act 1979

1  After section 9

Insert:

10   Appointment of members to other Police Forces

                   Nothing in this Act is intended to prevent a member or special member from being appointed (including at a particular rank) as:

                     (a)  a member, however described, of the police force of a State or Territory; or

                     (b)  a special constable, however described, of the police force of a State or Territory; or

                     (c)  a member, however described, of a police force or other law enforcement agency of a foreign country.

Commonwealth Places (Application of Laws) Act 1970

2  Section 3

Insert:

"airport" has the same meaning as in the Aviation Transport Security Act 2004 .

3  Section 3

Insert:

"designated State airport" means an airport, to the extent that it is a Commonwealth place, that is:

                     (a)  situated in a State or States; and

                     (b)  prescribed by the regulations for the purposes of this definition.

4  Section 3

Insert:

"member of the Australian Federal Police" has the same meaning as in the Australian Federal Police Act 1979 .

5  Section 3

Insert:

"relevant Crimes Act provision" means any of the following provisions of the Crimes Act 1914 :

                     (a)  Part IAA (which deals with search, information gathering, arrest and related powers);

                     (b)  section 9 (which provides for the seizure and condemnation of forfeitable goods);

                     (c)  section 13 (which allows the institution of proceedings in respect of offences);

                     (d)  section 15 (which deals with the remand and discharge of defendants);

                     (e)  Part ID (which deals with forensic procedures).

6  Section 3

Insert:

"special member" has the same meaning as in the Australian Federal Police Act 1979 .

7  After subsection 5(3)

Insert:

          (3A)  However, subsection (3) does not prevent the application of a relevant Crimes Act provision in relation to an investigation by a member of the Australian Federal Police, or a special member, if the Commonwealth Place is a designated State airport.

Note:       The heading to section 5 is replaced by the heading " Application of certain provisions of Commonwealth Acts to applied provisions ".

8  Application

The amendment made by item 7 applies, on and after the day the item commences, in relation to offences committed, or suspected to have been committed, before, on or after that day.


 



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