Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"adjustment payment" means a payment made in accordance with a determination that is continued in force by item 8 of Part 1 of Schedule 3 to the Australian Federal Police Legislation Amendment Act 2000 (including a payment made in accordance with such a determination as amended or varied in accordance with that item).
"AFP appointee" means:
(a) a Deputy Commissioner; or
(b) an AFP employee; or
(c) a special member; or
(d) a special protective service officer; or
(e) a person engaged overseas under section 69A to perform duties overseas as an employee of the Australian Federal Police; or
(f) a person who is:
(i) engaged under section 35 as a consultant, or independent contractor, to perform services for the Australian Federal Police; and
(ii) a consultant, or independent contractor, determined by the Commissioner under subsection 35(2) to be an AFP appointee for the purposes of this paragraph; or
(g) a person who is assisting the Australian Federal Police in the performance of its functions under an agreement under section 69D.
"AFP conduct issue" has the meaning given by sections 40RH and 40RJ.
"AFP conduct or practices issue" means:
(a) an AFP conduct issue; or
(b) an AFP practices issue.
"AFP employee" means a person engaged under section 24.
"AFP practices issue" has the meaning given by section 40RI and 40RJ.
"AFP professional standards" means professional standards determined under Commissioner's orders made for the purposes of section 40RC.
"alcohol screening test" in relation to a person, means a test of sample of the breath of the person carried out by means of an approved screening device.
"approved screening device" means a device of a type that is approved by the Minister under section 40R.
"authority of a State or Territory" means:
(a) a body, whether incorporated or unincorporated, established for a public purpose by or under a law of that State or Territory, other than a body that, under the regulations, is not to be taken to be an authority of that State or Territory for the purposes of this Act; or
(b) any other body declared by the regulations to be an authority of that State or Territory for the purposes of this Act, being:
(i) a body, whether incorporated or unincorporated, established by the Governor, or a Minister of the Crown, of that State or, in the case of the Northern Territory, a Minister; or
(ii) an incorporated company in which that State or Territory, or a body corporate falling within paragraph (a) or subparagraph (i), has a controlling interest.
"authority of the Commonwealth" means:
(a) a body, whether incorporated or unincorporated, established for a public purpose by or under a law of the Commonwealth, other than a body that, under the regulations, is not to be taken to be an authority of the Commonwealth for the purposes of this Act; or
(b) any other body declared by the regulations to be an authority of the Commonwealth for the purposes of this Act, being:
(i) a body, whether incorporated or unincorporated, established by the Governor - General or by a Minister; or
(ii) an incorporated company in which the Commonwealth or a body corporate falling within paragraph (a) or subparagraph (i) of this paragraph has a controlling interest.
"blood test" means a test of a person's blood to determine the amount of alcohol (if any) in the person's blood.
"body sample" means any of the following:
(a) any human biological fluid;
(b) any human biological tissue (whether alive or otherwise);
(c) any human breath.
"breath test" means a test of a person's breath to determine the amount of alcohol (if any) in the person's blood.
"category 1 conduct" has the meaning given by section 40RN.
"category 1 conduct issue" has the meaning given by subsection 40RL(1).
"category 2 conduct" has the meaning given by section 40RO.
"category 2 conduct issue" has the meaning given by subsection 40RL(2).
"category 3 conduct" has the meaning given by section 40RP.
"category 3 conduct issue" has the meaning given by subsection 40RL(3).
"commissioned police officer" means any member in respect of whom a declaration under section 40D is in force.
"Commissioner" means the Commissioner of Police referred to in section 6.
"Commissioner's Orders" means orders under section 38.
"complainant" has the meaning given by subsection 40SA(3).
"corrupt conduct" has the same meaning as in the National Anti - Corruption Commission Act 2022 .
"corruption issue" has the same meaning as in the National Anti - Corruption Commission Act 2022 .
"CSC" (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011 .
"Deputy Commissioner" means a Deputy Commissioner of Police referred to in section 6.
"duties" includes responsibilities.
"eligible employee" has the same meaning as in the Superannuation Act 1976 .
"federal aspect" , in relation to an offence against a law of a State or of the Australian Capital Territory, has the meaning given by subsection 4AA(1).
Note: This subsection defines State to include the Northern Territory.
"Finance Minister" means the Minister administering the Public Governance, Performance and Accountability Act 2013 .
"frisk search" means:
(a) a search of a person conducted by quickly running the hands over the person's outer garments; and
(b) an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person.
"give information" that raises an AFP conduct or practices issue has a meaning affected by subsection (3).
"IGIS official" means:
(a) the Inspector - General of Intelligence and Security; or
(b) any other person covered by subsection 32(1) of the Inspector - General of Intelligence and Security Act 1986 .
"intelligence or security agency" means an authority or person responsible for intelligence gathering for, or the security of, a country or a part of a country.
"international organisation" includes:
(a) a public international organisation within the meaning of section 70.1 of the Criminal Code ; and
(b) a body (including an international judicial body):
(i) established by or under an international agreement or international arrangement or otherwise under international law; or
(ii) established by a body described in subparagraph (i); or
(iii) on which functions are conferred by or under an international agreement.
"investigator" for a category 3 conduct issue, or a corruption issue, means the person to whom the issue is allocated for investigation under section 40TN or 40TO.
"law enforcement agency" means an authority or person responsible for the enforcement of laws.
"manager" for a category 1 conduct issue, or category 2 conduct issue, means the person to whom the issue is allocated in accordance with Commissioner's orders issued for the purposes of subsection 40TA(1).
"member" means a member of the Australian Federal Police.
"member of the Australian Federal Police" means any of the following:
(a) the Commissioner of Police;
(b) a Deputy Commissioner of Police;
(c) an AFP employee in respect of whom a declaration under section 40B is in force.
"member" of the unit constituted under section 40RD means:
(a) the AFP appointee appointed as the head of that unit under section 40RE; and
(b) any member, or special member, of the Australian Federal Police assigned to that unit under section 40RF.
"National Anti-Corruption Commissioner" means the Commissioner within the meaning of the National Anti - Corruption Commission Act 2022 .
"ordinary search" means a search of a person or of articles in the possession of a person that may include:
(a) requiring the person to remove his or her overcoat, coat or jacket and any gloves, shoes and hat; and
(b) an examination of those items.
"overseas" means outside Australia and the Territories.
"pensioner" means:
(a) a person to whom an invalidity pension within the meaning of the Superannuation Act is payable;
(b) a person to whom a pension is payable under the Superannuation Act 1922 and who has been retired on the ground of invalidity or of physical or mental incapacity to perform his or her duties; or
(c) a person to whom a pension referred to in paragraph (a) or (b) would be payable if payment had not been suspended.
"police services" includes services by way of the prevention of crime and the protection of persons from injury or death, and property from damage, whether arising from criminal acts or otherwise.
"police support services" means services related to:
(a) the provision of police services by an Australian or foreign law enforcement agency; or
(b) the provision of services by an Australian or foreign intelligence or security agency; or
(c) the provision of services by an Australian or foreign regulatory agency.
"powers" includes authorities, rights, privileges and immunities.
"practices or procedures" of the Australian Federal Police has the meaning given by subsection 40RI(3).
"prohibited drug" means:
(a) a narcotic substance (within the meaning of the Customs Act 1901 ); or
(b) any drug specified in a determination under section 4A.
"prohibited drug test" means a test of a body sample of a person to determine the presence (if any) of a prohibited drug in the sample.
"protective service functions" means the functions designated by the Minister under section 8A.
"protective service offence" means any of the following:
(a) an offence in relation to a person, place or thing in respect of which the Australian Federal Police is performing protective service functions, being an offence under:
(i) subsection 3UU(1) or section 46, 47, 47A, 89 or 89A of the Crimes Act 1914 ; or
(ii) the Crimes (Internationally Protected Persons) Act 1976 or Part 2 of the Crimes (Aviation) Act 1991 ; or
(iia) Division 82 of the Criminal Code (sabotage); or
(iib) Division 91 of the Criminal Code (espionage); or
(iic) Part 5.6 of the Criminal Code (secrecy); or
(iid) section 132.8A of the Criminal Code (damaging Commonwealth property); or
(iii) the Defence (Special Undertakings) Act 1952 (other than subsection 31(2)); or
(iiia) an offence against section 71V, 71W or 72P of the Defence Act 1903 ; or
(iv) the Public Order (Protection of Persons and Property) Act 1971 (other than section 11); or
(v) the Nuclear Non - Proliferation (Safeguards) Act 1987 (other than section 25A, 27 or 28A, subsection 29(2), 29A(1), 30(1), 40(1), 58(2) or 65(1) or section 66); or
(va) the Aviation Transport Security Act 2004 or regulations made under that Act;
(b) an offence against section 6 of the Crimes Act 1914 , or section 11.1 or 11.4 of the Criminal Code , that relates to an offence mentioned in paragraph (a);
(c) an offence against Subdivision A of Division 72 of the Criminal Code that relates to a person, place or thing in respect of which the Australian Federal Police is performing protective service functions;
(d) an offence against Division 101 of the Criminal Code that relates to a person, place or thing in respect of which the Australian Federal Police is performing protective service functions;
(e) an offence in relation to a person, place or thing in respect of which the Australian Federal Police is performing protective service functions, being an offence against section 131.1, 141.1, 142.1, 147.1, 148.1 or 149.1 of the Criminal Code .
"protective service officer" means an AFP employee in respect of whom a declaration under section 40EA is in force.
"regulatory agency" means an authority or person who performs regulatory functions for a country or part of a country.
"remedial action" has the meaning given by section 40TD.
"resign" means resign from the Australian Federal Police.
"retire" means retire from the Australian Federal Police.
"senior executive AFP employee" means an AFP employee in respect of whom a declaration under section 25 is in force.
"serious misconduct" has the meaning given by section 40K.
"special member" means a person appointed under section 40E.
"special protective service officer" means a person appointed under section 40EC.
"State" includes the Northern Territory.
" Superannuation Act" means the Superannuation Act 1976 or the Superannuation Act 1990 .
"termination action" has the meaning given by section 40TE.
"training and development action" has the meaning given by section 40TC.
(2) A reference in this Act to an officer of police shall be read as including a reference to a police officer, or to any member of a police force, however described.
(3) A reference in Part V to giving information that raises an AFP conduct or practices issue includes a reference to making a complaint or report that raises an AFP conduct or practices issue.