Commonwealth Numbered Regulations - Explanatory Statements

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AUSTRALIAN FEDERAL POLICE REGULATIONS (AMENDMENT) 1966 NO. 330

STATUTORY RULES 1966 No. 330

Issued by the Authority of the Attorney-General and Minister for Justice

Australian Federal Police Act 1979

Australian Federal Police Regulations (Amendment)

The Australian Federal Police (AFP) currently charges members of the public, Commonwealth departments and statutory authorities for services provided to them beyond what it is required to provide as part of the AFP's duties. The regulations in their current form contain two separate schemes by which users can be charged for the AFP's services. There is one schedule for members of the public and a separate schedule for prescribed authorities and Commonwealth departments. Section 29 of the Finance Directions no longer requires this distinction. Further, the scale of fees currently in the regulations does not reflect the current policy as set out in the Finance Directions Guidelines. Accordingly the regulations need to be amended to reflect the current Finance Directions and to simplify the schemes for charging for AFP services. There are also additional services provided by the AFP which are not provided for in the current regulations.

Regulation 1 provides that the Australian Federal Police Regulations are amended.

Subregulation 2.1 amends the present regulation 2 such that the definition of 'cost to the MP for the member's time' is based on current remuneration rates.

Subregulation 2.2 inserts the term 'remuneration' into the definition section of the regulations. It is defined as the base salary and, where relevant, the overtime, penalties and other allowances payable to the member or staff member.

Regulation 3 amends the original regulation 46 regarding fees for police services requested by a member of the public, body corporate or any other organisation (other than an authority of the Commonwealth) to include those services rendered by the AFP to an authority of the Commonwealth.

An authority of the Commonwealth can now be charged a fee where the AFP renders a service listed in schedule 6 where rendering that service is a function of the AM The AFP can also charge a fee where it renders a service to a member of the public, body corporate or any other organisation (other than an authority of the Commonwealth) at the request of, or under an agreement with, that member of the public, body or organisation.

Regulation 4 omits regulation 47, which dealt with police services rendered in relation to a prescribed authority of the Commonwealth. This is now dealt with in regulation 46 as described above.

Regulation 5 will amend the current schedule 6 which prescribes the fees to be imposed for the services provided by the AFP to a member of the public, body corporate or any other organisation (other than an authority of the Commonwealth); and omit schedule 7 which prescribe the authorities of the Commonwealth to which the regulations apply and those AFP services for which a fee is payable by the relevant authority.

The proposed regulation will simplify the current schedules 6 & 7 to one schedule which prescribes the services which can be rendered. by the AFP and the fees to be imposed.