Commonwealth Numbered Regulations

ATTORNEY-GENERAL'S LEGISLATION AMENDMENT (AUSTRALIAN PROTECTIVE SERVICE) REGULATIONS 2004 (NO. 1) 2004 NO. 221 - SCHEDULE 2

(regulation 4)

[1] Regulation 2, after definition of Act

insert

"AFP appointee" means an AFP employee, a special member or a special protective service officer.

[2] Regulation 2, note

substitute

Note
The following expressions used in these Regulations are defined in subsection 4 (1) of the Act:
* AFP employee
* blood test
* body sample
* breath test
* commissioned police officer
* Commissioner
* Commissioner's Orders
* Deputy Commissioner
* duties
* member of the Australian Federal Police
* prohibited drug
* prohibited drug test
* protective service functions
* protective service officer
* senior executive AFP employee
* special member
* special protective service officer.

[3] Part 2, heading

substitute

Part 2 Conduct of AFP appointees

[4] Regulation 7, heading

substitute

7 Property in the possession of AFP appointee

[5] Regulation 8

substitute

8 Use of firearms

(1)

This regulation applies to each of the following persons:

(a)

a member of the Australian Federal Police (other than the Commissioner or a Deputy Commissioner);

(b)

a special member;

(c)

a protective service officer;

(d)

a special protective service officer.

(2)

If the person is issued with a firearm, the person must not use the firearm except as authorised by Commissioner's Orders.

[6] Regulation 10, heading

substitute

10 AFP appointee not to drink, take drugs or be on licensed premises

[7] Subregulations 10 (2) and (3)

substitute

(2) The following persons must not, without good cause, enter any restricted premises while in uniform or wearing a distinctive part of the uniform:

(a)

a member of the Australian Federal Police (other than the Commissioner or a Deputy Commissioner);

(b)

a special member;

(c)

a protective service officer;

(d)

a special protective service officer.

(3)

If an AFP appointee thinks that another AFP appointee under his or her control, direction or supervision is, because of having drunk alcohol or taken any drug, incapable of performing his or her duties efficiently, the first-mentioned AFP appointee must immediately suspend that AFP appointee from duty and report the matter to a senior executive AFP employee.

[8] Regulations 11, 12 and 13

substitute

11 Intentionally prejudicing police services or protective service functions
An AFP appointee must not, with the intention of prejudicing police services or protective service functions, do either of the following:

(a)

fail to give prompt attention to his or her duties;

(b)

be absent from duty without authority.

12 Information — unauthorised disclosure, use or access
(1) If:

(a)

a complaint or allegation has been made by any person that an AFP appointee has committed a disciplinary offence; or

(b)

an investigation is being carried out in relation to such a complaint or allegation;

another AFP appointee must not, without lawful authority or excuse, disclose or take any action that brings, or is intended to bring, to the notice of that AFP appointee or any other AFP appointee that the complaint or allegation has been made or that the investigation is being carried out.

(2) An AFP appointee must not, except in the performance of his or her duties:

(a)

use or communicate to another person any information that comes to the AFP appointee's knowledge, or into his or her possession, by reason of being an AFP appointee; or

(b)

obtain access to information by reason of being an AFP appointee.

(3) For the purposes of paragraph (2) (b), an AFP appointee is taken to have obtained access to information even if:

(a)

the information is not in the possession, or under the control, of the Australian Federal Police; or

(b)

whether or not paragraph (a) applies — the information consists of a computer program or part of a computer program, or is otherwise stored in, or entered or copied into, a computer.

13 AFP appointee not to solicit or receive gifts

An AFP appointee must not directly or indirectly solicit or accept a gift or gratuity from a person concerned directly or indirectly with any matter in which the Australian Federal Police, or the AFP appointee, in the performance of his or her duties, is interested or concerned.

[9] Regulation 15, heading

substitute

15 Bankrupt AFP appointee

[10] Regulation 29

substitute

29 Disciplinary offences — AFP appointees
(1) An AFP appointee commits a disciplinary offence if:

(a)

he or she engages in improper conduct as set out in regulation 9; or

(b)

he or she fails to comply with any other provision of Part 2; or

(c)

he or she fails to comply with a Commissioner's Order; or

(d)

he or she fails to comply with section 40 of the Act; or

(e)

he or she is charged before a court with an offence against a law of the Commonwealth, a State, a Territory or another country and the charge is proved to the satisfaction of the court, whether or not the court convicts the appointee.

Note
Section 40 of the Act deals with specific directions, instructions and orders.

(2) An AFP employee or a special member commits a disciplinary offence if:

(a)

he or she fails to comply with subsection 40L (3) of the Act; or

(b)

he or she fails to comply with subsection 40M (3) or 40N (5) of the Act.

Note 1
Subsection 40L (3) of the Act specifies the time limit for giving the Commissioner a financial statement.
Note 2
Subsections 40M (3) and 40N (5) of the Act specify that an AFP employee or special member must comply with a direction to undergo a drug test.

[11] Subregulation 31 (1B)

omit

paragraph 29 (g).

insert

paragraph 29 (1) (e).

[12] Subregulation 36 (2)

omit

paragraph 29 (g).

insert

paragraph 29 (1) (e).

[13] Further amendments — references to AFP appointees