Commonwealth Numbered Acts

CRIMES LEGISLATION AMENDMENT ACT 2011 (NO. 2, 2011) - SCHEDULE 4

Australian Federal Police Act 1979

1  At the end of subsection 20(2A)

Add:

Note:          The Commissioner may, under section 35A, authorise special payments to Deputy Commissioners.

2  At the end of subsection 27(1)

Add:

Note:          The Commissioner may, under section 35A, authorise special payments to AFP employees.

3  At the end of subsection 35(2)

Add:

Note:          The Commissioner may, under section 35A, authorise special payments to consultants and independent contractors who are determined to be AFP appointees.

4  After Division 3 of Part III

Insert:

Division 3A -- Payments in special circumstances

35A   Payments in special circumstances

             (1)  The Commissioner may authorise the making of payments to a person (the payee ) under subsection (2) if the Commissioner considers it appropriate to do so because of special circumstances that relate to, or arise out of:

                     (a)  the payee's engagement as an AFP appointee; or

                     (b)  another person's engagement as an AFP appointee.

             (2)  The Commissioner may authorise the making of any of the following payments:

                     (a)  one or more payments of an amount or amounts specified in the authorisation (or worked out in accordance with the authorisation);

                     (b)  periodical payments of an amount specified in the authorisation (or worked out in accordance with the authorisation), during a period specified in the authorisation (or worked out in accordance with the authorisation).

             (3)  Payments may be authorised under this section even though the payments would not otherwise be authorised by law or required to meet a legal liability.

             (4)  An authorisation cannot be made under this section if it would involve, or be likely to involve, a total amount of more than $100,000.

             (5)  Conditions may be attached to payments under this section. If a condition is breached, the payment may be recovered by the Commonwealth as a debt in a court of competent jurisdiction.

Note:          Payments under this section must be made from money appropriated by the Parliament. Generally, a payment can be debited against the Australian Federal Police's annual appropriation, providing that it relates to some matter that has arisen in the course of its administration.

5  At the end of subsection 40E(1)

Add:

Note:          The Commissioner may, under section 35A, authorise special payments to special members.

6  At the end of section 40EC

Add:

Note:          The Commissioner may, under section 35A, authorise special payments to special protective service officers.

7  At the end of subsection 69A(2)

Add:

Note:          The Commissioner may, under section 35A, authorise special payments to persons engaged under this section.

8  Section 69C

Before "The Commissioner", insert "(1)".

9  Section 69C

After "this Act", insert "(other than the Commissioner's power under section 35A (payments in special circumstances))".

10  At the end of section 69C

Add:

             (2)  The Commissioner may, in writing, delegate to a senior executive AFP employee the Commissioner's power under section 35A (payments in special circumstances).

11  At the end of subsection 69D(2)

Add:

Note:          The Commissioner may, under section 35A, authorise special payments to a person performing functions under an agreement.

12  Application of item 4

The amendment made by item 4 of this Schedule applies in relation to any special circumstances, whether occurring before or after this Schedule commences.