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Australian Federal Police and Other Legislation Amendment Bill 2004
2002 2003

2002-2003

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

 

 

Australian Federal Police and Other Legislation Amendment Bill 2003

 

No.      , 2003

 

(Justice and Customs)

 

 

 

A Bill for an Act to integrate the Australian Protective Service into the Australian Federal Police, and for other purposes

   

   



Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedule(s)......................................................................................... 4

4............ Transitional and application................................................................. 4

Schedule 1—Amendment of the Australian Federal Police Act 1979     6

Australian Federal Police Act 1979                                                                         6

Schedule 2—Amendment and repeal of other Acts                                         34

Air Navigation Act 1920                                                                                           34

Australian Protective Service Act 1987                                                                 34

Aviation Transport Security Act 2003                                                                    34

Complaints (Australian Federal Police) Act 1981                                              34

Crimes Act 1914                                                                                                          34

Crimes (Aviation) Act 1991                                                                                      34

Customs Act 1901                                                                                                       35

Legislative Instruments Act 2003                                                                            35

Migration Act 1958                                                                                                    35

Parliamentary Precincts Act 1988                                                                          35

Passenger Movement Charge Collection Act 1978                                             35

Public Order (Protection of Persons and Property) Act 1971                           36

Schedule 3—Amendments relating to the investigation of State offences that have a federal aspect     37

Australian Federal Police Act 1979                                                                       37

Crimes Act 1914                                                                                                          40

 



A Bill for an Act to integrate the Australian Protective Service into the Australian Federal Police, and for other purposes

The Parliament of Australia enacts:

1   Short title

                   This Act may be cited as the Australian Federal Police and Other Legislation Amendment Act 2003 .

2   Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 4 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

 

2.  Schedule 1, items 1 to 7

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

 

3.  Schedule 1, item 8

The later of:

(a) immediately after the commencement of the provision(s) covered by table item 2; and

(b) the time Schedule 1 to the Non-Proliferation Legislation Amendment Act 2003 commences.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

 

4.  Schedule 1, item 9

The later of:

(a) immediately after the commencement of the provision(s) covered by table item 2; and

(b) the time section 3 of the Aviation Transport Security Act 2003 commences.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

 

5.  Schedule 1, items 10 to 60

At the same time as the provision(s) covered by table item 2.

 

6.  Schedule 2, item 1

At the same time as the provision(s) covered by table item 2.

However, the item does not commence at all if the provision(s) covered by table item 2 commence after the commencement of section 3 of the Aviation Transport Security Act 2003 .

 

7. Schedule 2, item 2

At the same time as the provision(s) covered by table item 2.

 

8. Schedule 2, item 3

The later of:

(a) the time the provision(s) covered by table item 2 commence; and

(b) immediately after the commencement of section 3 of the Aviation Transport Security Act 2003 .

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

 

9.  Schedule 2, items 4 to 7

At the same time as the provision(s) covered by table item 2.

 

10.  Schedule 2, item 8

The later of:

(a) the day on which this Act receives the Royal Assent; and

(b) immediately after the commencement of section 3 of the Legislative Instruments Act 2003 .

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

 

11.  Schedule 2, items 9 to 11

At the same time as the provision(s) covered by table item 2.

 

12.  Schedule 2, item 12

The later of:

(a) the time the provision(s) covered by table item 2 commence; and

(b) immediately after the commencement of section 1 of the Customs Legislation Amendment Act (No. 2) 2002 .

 

13.  Schedule 2, item 13

At the same time as the provision(s) covered by table item 2.

 

14.  Schedule 3

On the day after the end of the period of 6 months beginning on the day on which this Act receives the Royal Assent.

 

Note:          This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

             (2)  Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3   Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

4   Transitional and application

             (1)  Each APS transferee is taken to have been engaged, at the transfer time, under section 24 of the Australian Federal Police Act 1979 .

             (2)  Each transferred PSO is taken to have been declared, at the transfer time, to be a protective service officer under section 40EA of the amended AFP Act.

             (3)  Paragraph 36(4A)(a) of the amended AFP Act (about entering an undertaking) does not apply to a transferred PSO.

             (4)  Each transferred PSO who has made and subscribed an oath or affirmation under section 10 of the Australian Protective Service Act 1987 is taken to have satisfied the requirement under paragraph 36(4A)(b) of the amended AFP Act.

             (5)  In this section:

AFP employee has the same meaning as in the Australian Federal Police Act 1979 .

amended AFP Act means the Australian Federal Police Act 1979 as amended by Schedule 1 to this Act.

APS transferee means a person who, immediately before the transfer time, was an employee assisting the Commissioner of the Australian Federal Police under subsection 5(2) of the Australian Protective Service Act 1987 .

transferred PSO means an APS transferee who, immediately before the transfer time, was a protective service officer within the meaning of the Australian Protective Service Act 1987 .

transfer time means the time specified by the Public Service Commissioner in a determination under paragraph 72(1)(b) of the Public Service Act 1999 as the time at which the APS transferees become employees of the Australian Federal Police.