Commonwealth Numbered Regulations - Explanatory Statements

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AUSTRALIAN FEDERAL POLICE (DISCIPLINE) AMENDMENT REGULATIONS 2000 (NO. 1) 2000 NO. 36

Statutory Rules 2000 No. 36

Issued by the Authority of the Minister for Justice and Customs

Australian Federal Police Act 1979

Australian Federal Police (Discipline) Amendment Regulations 2000 (No. 1)

Section 70 of the Australian Federal Police Act 1979 (the Act) provides, amongst other things, that the Governor-General may make regulations prescribing all matters required or permitted by the Act, or necessary or convenient to be prescribed, for securing the discipline and good government of the Australian Federal Police (AFP).

Section 14 of the Act provides that the Commissioner may issue General Orders with respect to the general administration of the AFP and General Instructions for the effective and efficient conduct of the operations of the AFP.

Regulation 3 of the Australian Federal Police (Discipline) Regulations provides General Orders and General Instructions issued by the Commissioner under section 14 of the Act with their disciplinary force.

Regulation 3 provides that an Australian Federal Police (AFP) appointee must comply at all times with specified provisions of a General Instruction specified in Part 2 of Schedule 1 to the Regulations. Regulation 3 also limits a reference to a General Instruction to be a reference to a General Instruction issued under section 14 of the Act that is in force on 1 July 1995.

General Instruction 1, in its entirety, is specified in Schedule 1. It gives effect to the general policy of the AFP for the use of force and related matters. Amendment of General Instruction 1 took effect on 7 April 1999. This amendment was not reflected in regulation 3, which continues to refer to General Instructions in force on 1 July 1995.

The amendment will update the regulations to reflect the amendment of General Instruction 1.

Paragraph 3(2)(b) of the Regulations is amended by replacing "in force on 1 July 1995' with "in force on 7 April 1999".

The amending regulations commence on gazettal.