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1978-79
AND
NOTES ON CLAUSES
HOUSE OF REPRESENTATIVES
EXPLANATORY MEMORANDUM
AUSTRALIAN FEDERAL POLICE BILL 1979
7947358- Recommended retail price 40c
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
,i,(Circulated by the Minister' for Administr'ativeServices,' the Hon, John McLea.r, MT-)--
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EXPLANATORY MEMORANDUM
AUSTRALIAN FEDERAL POLICE BILL 1979
General Outline-
It also provides for all members of both present
more effective co-operation with the States in law
overcoming jurisdictional boundaries between Police
The Bill constitutes the new Federal Police as being of
enforcement. mat,ters ..
this was the best way to achieve vital objectives of:
The Bill gives effect to the Governrnentls policy to
c:ceate a single Australian Federal Police and incorporate into
it the existing Commonwealth and Australian Capital Territoty
police Forces.
This accords with t,he Government l s announced adoption
police resources
more effect,ive and economical co-ordinat.ion of Federal
Forces
of central recommendation of Sir Robert Mark in his Report on
The Organiaation of Police Resources in the Commonwealth Area
and at,her Related Mat,t,ers.. Sir Robert Mark has reconunended that
one membership to serve in either of two components - one on
general police functions and the other on police protective
service functions.. It provides an opportunity, subject to the
usual principles of competence and qualificat,ions I for members I
and a preferential opportunity for existing members, to move
between components., Allocation of detailed functions and
personnel to the components is fo1:' the Commissioner to determine ..
The broad functions of the new Police are set out in the Bill ..
present terms and conditions until a new determination is made ..
A Police Arbitral Tribunal. constituted by a Presidential Member
Forces to become members of the new Federal Police on their
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AUSTRALIAN FEDERAL POLICE BILL 1979
EXPLANATORY MEMORANDUM
General outline....--The Bill gives effect to the Government's policy to
a single Australian Federal Police and incorporate intocreate
it the exist.ing Commonwealth and Australian Capital Territory
police Forces.
Thi s accords with the Government I s announced adopt,ion
of central recommendation of Sir Robert Mark in his Report on
The Organization of Police Resources in the Commonwealth Are,a
and other Related Matters.. Sir Robert Mark has recommended that
this was the best way to achieve vital objectives of:
overcoming jurisdictional boundaries between Police
Forces
more effective and economical co-ordination of Federal
police !"esources
more effective co-operation with the States in law
enforcement m)atters ..
The Bill const,i tutes the new Federal Police as being of
one membership to serve in either of t,wo components - one on
general police functions and the other on police pI'otective
service functions.. It provides an opportuni ty, subject to the
usual principles of competence and qualificat.ions, for members,
and a prefer~ntial opportunity for existing members, to move
between components" Allocation of detailed functions and
personnel to the components is for the Commi ssioner to determine ..
The broad functions of the new Police are set out in the Bill.
It also provides for all members of both present
Forces t.o become members of the new Federal Police on their
present terms and conditions until a new determination is made ..
A Police AIbitral Tribunal. constituted by a Presidential Member
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of the Conciliation and Arbitration Commission. is to
established under the Bill"
General Purpose
The Bill provides for the creat'ion of the
Federal Pol.:i I;.':e and for the incorporation of the members ,,~"'t
existing Commonwealth Police Force and the Australian cap~"
Terri tory Police Force int.o it.. The Corranonweal th Police i.o·.IF
will be repealed by t,he Bill.. Those
Police Ordinance dealing with the establishment of t,he
Police will also be repealed ..
Background
The creation of t.he Australian Federal Police wa~~;.'"\l
cornerstone recommendat,ion of Sir Robert Mark IS Report in ?l:;,:~'~;'
April 1978. to t.he Minister for Administrat.ive Services bn~§]'
The Organization of Police Resources in the Commonwealth Arff
and Oth~F Related Matt,ers" The Ministers for Administrati~~.
Services and the Capital Territ.ory announced on 28 July 1978,
the Government, I s approval II in principle" of thi s recommendat;
Those Ministers also announced on 13 December 19'78 that the'
Government, had made its final decision t,o proceed
creation of the Australian Federal Police and for
to be introduced in the Autumn Sitt,ings of the Parliament ..
The Legislation
The Bill provides for as follows:
Part I - Preliminary
Makes provision for citation. commencement of certain
provisions from the date of Royal Assent and the
remainder to become operative on a date to be fixed
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Clamation; the repeal of the Commonwealth Police
fro
the interpretations and reference to other~ct;
onwealth laws. These are the machinery provisionsco,"",
ociat.ed wi th the creation of t,he Australian Federal.55
police"
II - Establishment, Functions and Powers of theE&rt
Australian Federal Police
This part provides for t.he const,itution of t.he organisation,
its funct.ions and the power's and duties of its members"
These embrace the present, powers and dut,ies of members of
the Conunonwealth and Australian Capital Territory Police
Forces"
Part III - Administration
This part outlines the general administIative arrangements
of the or·ganisat.ion, including the responsibilities of the
Minist,et', the Conunissioner and t.he Secretary, who, in
some limited matters, also advises the Minist,er" It also
provides for the Commissioner t,o issue General Orders and'''',
Instructions for the good management. of the organisation;
the general power of delegation, and the provision of
civil support staff.. This part, provides for the
Commissioner to be responsible for the general adminis-
tration and operations but. t.o be subject, to t.he written
directions of t.he Minister on matt,ers of general policy
including funct,ions and national common police services.
In respect of these matters the Minister is to seek the
advice of both the Commissioner and t,he Secretary of his
Department" It also pr.ovides the necessary legislation
for the control of the oper'ations and activities of the
organisation by the Commissionex', including the power' of
Appointment and Service of' MembersPart IV
service for the members ..
the Commissioner and the Public Service Board. of the
letail wi th:
including the commissioning by the Gover'ncr-General of
the members (including special members) of the organisation,
direction of the civil support staff made available to
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assist the oI:'ganisation under the Public Service Act ..
Officers i determinat.ion by the Mini ster. on the advice of
number of ranks to which peI'sons may be appointed: and
Commissioner(s) and tenure of office~ the appointment of
practices a general delegation provision is also included ..
the statutory appointment of the Commissioner and Deputy
In accordance with standard legislative and administrative
the appointment of the Commissioner by the Governor-
This part includes two divisions which provide for:
General for a period of up to seven years. with eligibility
for re-appointment up to age 65 years.. The provisions
and acting arrangements are in line with normal practice
relating to the determination of remuneration. dismissal
in relation to statutory offices.. The other arrangements
promotion, mobility. and conunissioning of members are in
accordance with traditional or accepted police practices.
provided for in thi s part with regard t,o the appointment,
Eart V - Terms and Conditions of Service
This part consists of three Divisions dealing in some
IlIVISION 1 - the determination of terms and conditions of
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DIVISION 2 - the establishment of a separate arbitral
tribunal to hear and determine matters related to
terms and conditions of service ..
DIVISION 3 - general provisions on the effect of
determinations made in accordance with Division 2.,
The determination of terms and conditions of service are
to be by the Mini ster on the advice of his Department
and the co-ordinating authot'i t,ies (i" e" the Public
service Board and the Department of ".i.:ndustrial Relations) ..
The provisions governing representation before, and the
proceedings of the Federal police Arbitral Tribunal. to
be Cl", tituted by a Presidential Member of the Conciliation
and Arbitration Commission, ax'e in line with the present
Arbitral Tribunal for t,he A"C.T. Police.. The provisions
in the Bill draw heavily on the provisions of the
:onciliat.ion and Arbitration Act ..
Part VI - Miscellaneous
rhis part provides for the r'ange of miscellaneous house-
"eeping matter's associated with the creat,ion of the
\ustralian Federal police, the Regulation-making power
jf the Governor-General, and the prescription of offences
elating t,o members or membership of the organisation ..
hey reflect similar legislation relating to the existing. ,ommon",,~lalth, Territorial and State Police Forces ..
art VII - Transitional
1is part provides for:
1) the automatic appointment of members of the two
existing Federal police forces to the Australian
Federal Poli.ce~ this is the incorporation provision~
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(b) a legal preference for members over non-members
for transfer from one component to the other
component~
(c) the preservation of r-ights and entitlements of
members of the existing Fede:t'al police forces upon
their incorporation into the Australian Federal
Police: and
(d) specific regulation-making powers in respect of
promotion appeals and discipline ..
The specific regulation-making powers in this part are
also required to enable those matters not finalised,
before the date of corranencement of the Australian Fedez'al
Police, associated with promotion and disciplinary
of the two present Federal Forces, to be completed after
the coming into operation of this new legislation ..
AUSTRALIAN FEDERAL POLICE BILL
NOTES ON CLAUSES
part I - Preliminary.-£!ause 1 Citation of Act~
g1.ause 2 Provides fot' cert,ain sect.ions to become operative
on the date of Royal Assent and the remainder to become
operative on a date t,o be fixed by Proclamation"
Clause 3 Repeals the Commonwealth Police Act 1957 ..
Clause 4 Definitions and interpretat,ions.
Clause 5 (i) Requires that references in the laws of the
corranonwealt.h or of the Aust.ralian Capital Territory to a
conunonwealth Police Officer or a member of the police furce
of the Australian Capital Territory be read as references
to a member of t.he Australian Federal Police., References
to the Commonweal t.h Police Force or t,he Police Force of
t.he Aust,ralian Capital Territ,ory be I'ead as references to
t.he Australian Federal Police ..
(ii) Enables ranks within the AFP to be declared
by Regulat.ion t,o correspond wit.h present ranks in t.he two
forces to be incorporated in the AFP ..
Part II - Establishment, Functions and Powers of the
Australian Federal Police
Clause 6 Establishes the AFP and identifies the classes
of officers which constitute the AFP ..
Clause 7 Defines the components that. will comprise members
performing general police functions and police protect.ive
service functions ..
Claus~ Provides for the broad functions of the AFP to be:
general administration of, and control of,
with the traditional role of state police ..
Special pr~vision
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provision of police services in relation to
property of the Commonwealth, and safeguarding
the A.C.T. , and in relation to the laws and
of Conunonwealth interests"
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is made to enable investigation of State made laws applicabl~T.'~,,£t
in Commonwealth places to be in accordance wi th arrangernents'\,~
.~~~bet,ween Conunissioner of the AFP, and the Commissioner of G.. ':,',g':.'
' .. :",1tB;.State Police Force.. This is aimed at preventing interfereIl~~~1
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Clause 9 Provides for the powers and duties of members
per-fanning general police functions.,
Clause 10 Provides fot· the powers and duties of members
performing police protective service functions" These
powers include those in Clause 9 t,o be exercised as apPl'opri::ate
to their functions.. .,:_~IClause 11 Provides power for the execution of writs and wa s
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legislation ..
standing provision in the Commonwealth Police Act and
Part III - Administration
by members of the AFP ..
certain Stat,e and Territory laws. This has been a long
of the AFP.. The Minister may give written directions,
Clause 13 - PI'ovides for the commissioner to have the
,f:lause 12 Provides immuni ties fOl members of t,he AFP
following advice from the
of general policy in relation
of the AFP. The Minister may request reports from
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from t,he Commissioner on these matters.. The Clause also
provides for the Minister to make art'angements in certain
circumstances with Ministers of the Crown of a State for
provision fo!' development of national common services and
to give directions to the Commissioner x'elating to the use
of such common sezvices" In addition the Clause lists a
range of conunon services"
clause 14 Enables the Commissioner to issue: General Orders
in respect of the general administration, and determining the
respective functions of the two components: and, General
Instructions for the effective and efficient conduct of the
ope "ions of the AFP.
Clause 15 Permits the Commissioner' to delegate his powers
under thi s Act"
clause 16 Provides that the AFP Public Service support staff
shall be under the direction of the conunissioner in respect
of the performance of the duties as well as in relat,ion to
their absence on leave.. It also prbvides for additional
powers to be conferred on the Commissione~ by regulations,
if this proves necessary from experience" This is to ensure
that the Public Service support staff function at all times
to achieve the effective operation of the AFP.
Par." \, _ Appointment and Service of Members
Clause 17 Provides that the Commissioner of Police and one
or mot'e Deputy Commissionet/s of police are to be appointed
by the Governor-General by Commission" It further provides
that the Commissioner may be appointed for a period not exceeding
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functions and duties of the Conunissioner or of Deputy
seven years and be eligible for re·-appointment.. It
the appointment or re-appointment, to a person who has not:i,~'
attained the age of sixty years unless the Governor-Genera~
is satisfied that special circumstances justify him ~~
doing otherwise. It also provides that the Gover:nor-Gener~~·,,7
may determine in respect of such persons terms and ,~,\
not otherwise provided by the Act.,
exercise all the powers and peJ:form all the functions and
Commissioner to be the next most senior member
It further provides that the validity of anything done
person so appointed shall not be called in question ..
Clause 19 Provides that a person determined by the
Clause 18 Provides that the Minister, may on such terms
conditions as he considers appropriate, appoint a pel'son
act as Commissioner or as a Deputy Commissioner when the
office of Commissioner or an office of Deputy Commissioner
is or is expected to be vacant.. It also provides
Minister may terminate such an appointment, which
to a period of twelve mont.hs, and for' the person so
to have and exercise all the powers and perform all the
duties of the Commissioner or a Deputy Commissioner when
absent from duty or from Australia or unable to perfonn the
functions of their office. This relates to absence only
as distinct from Clause 18 which relates t,o vacancies of
Clause 20 Provides that the remuneration payable to the
Commissioner or Deputy Commissioner is to be that
by t,he Remuneration Tribunal ..
Clause 21 Enables the Minister to grant leave of absence
to the Commissioner OJ:' a Deputy Commissioner •
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glause 22 Provides power for the c.;overnor-General to t.er.minatl:::
the appointrrent of the Commissioner or a Deputy COllunissionet
fox' reason of misbehaviour or incapacity or in ot.h<.~:c specified
circumstances"
gause 23 Provides that there be commissioned and non'-co:omlssionec
ranks as prescribed in the Regulations"
clause 24 Enables the Minister on the advice of t.he Comrrissioner~
and the Public Service Board to determine the numbE'r of persons
that. may be appointed to each :l:'ank of the Austi.. <::o.lian Federal
police.. The Government I s general policy on. staff ceilings will
apply overall_
Clause 25 Provides for the Governor-General or the Commissi.oner,
if he is authorized by the Governor-General, t.o appoint, by
Commission l promote and t,ransfer, commissioned officers of each
component to a rank that the person, is, in accordance with the
regulations. competent, and qualified to hold.. It also provides
for t.he Commissioner to direct a non-commissioned offict: to
act in a commissioned rank, ot: higher rank) in ei they. cClmpone.nt,.
This provision, together with clause 26. i.n respect. of n':'I1··
commissioned officers, provides for gener'al mobility y"i~,hir: and
between components, subject to appropt:iate comp'~ten:::~ ,rod
qualification to be provided for in the regulations '.
Clause 26 Provides for the Commissioner t,o appoint, by
instrument, promote and transfer, non-commissioned officels of
each component to a rank that the person is, in accordai':lce with
the regulations, competent and qualified to hold ..
Clause 27 Enables the Commissioner to appoint Special Members ..
It also provides that persons so appointed have. during the
continuance of their appointment, appropriate pO'w"ers and dut.ies
as specified in the instrument of appointment ..
Clause 28 Provides that a person appointed to the A.. F .. P _ will
enter into an undertaking re~ating to the performanc(,) of hi.s
shall certify the agreement. and specify t.he date on which
submi tted to the Federal Police Arbi t.ral Tribunal who
dutie s under the Act and before dischat-ging his pCMers and
duties be required to make and subscribe on Oath or Aff irmat:·~·
it is to come into effect" There is also provision for
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in form tQ be prescribed"
Clause 30 & 31 Enables t.he Minister to determine t.erms
that is a party to the agreement..
unless sooner rescinded.. An agreement is binding Oil
the parties to the agreement and all members of the Associa~~
such agreements not to exceed five years from that date
agreement in writing with an Association relating to
and conditions of service of members and to make an
relating to this Part.,
Part V - Terms and Conditions of Service
such terms and conditions" Such an agreement to be
Clause 29 Provides for definitions and interpretations
Clause 3'3 Pennits the Minister. on the advice of the
Commissionex', to arrange for a member to be seconded to
another Police Force or another organisation in oi:' outside
Australia.. It also enables the Commissioner to arrange for
Clause 32 Requires the Minister before
or entering into an agreement. to obtain a.nd consider th~
advice of the Public Service Boat'd I Department of Indust:d;:Jt,~'
Relations and his own Department - the co-ordinating re~ulat?
authori ties of the Government.,
conditions of his employment.
Clause 34 Enables the Commissioner to grant special
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of absenc~ for specific purposes 3.:3 set out in the Clause"
Cle,usc-22" Provides for the re-appointment of a memb?r to ~-rank to be determined by the Commissioner on crite~i3 set
out in the Clause, after the period of secondment, or special
leave of absence"
Clause 36 Provides the critel:'ia fOl:' selection of f,1,embers for---pt'oroot,ion which is relative efficiency and if equal efficiency
then seniority - this is the 'promotion on merit I fotTl'tulation"
gause 3'7 This regulates the method and t,iming of resignation
t.o enable appropriate arrangements to be made by the Commissioner
in t'espect thereof" Any cessation of service by a member other
than by proper resignation is to be an offence ..
Clause 38 Provides a mandatory retiring age of 60 for members
of the Australian Federal Police.. T'nis is t,he present
position for the A.. C.T .. Police Force and the Commonwealt,h
police Force" Further provides that the Comrnissionel" may
retit'e members who are unfit to discharge their duties and
whom he is unable to place el sewhere in the A.. F .. P.
Clause 39 Provides for t,he ret,renchment of excess membe:cs if
the Commissionel:· is unable to place them elsewhere in the A,.F .. P ..
Clau~ Enables the making of regulations in relation to:
(a) the formation of an Associat.ion cr Associat.ions;
(b) the appointment. of persons on probat.ion:
(c) :na,tters relating to the promotion of membe::.:'s;
(d) the enabling of early retirement of members at age 55:
(e) enables a member to resign for purppses of contesting
an election and to be reins~,ated if not elected ~ and
(f) matters relating to the discipline of t.he Police
Force including the establishm~nt of a Disciplinary
Board ..
of members to the Tribunal and for the Tribunal t"o
Tribunal"
constitut,ing the Tr'ibunal is absent and matters
Member by the Px'esident of the Cornmi ssion when C.e
Clause 43 Provides for the acting appoint,ment of a
submit mattex's relat,ing to terms and conditions of
Clause 46 Provides that the Minister and an Association
Clause. 45 Provides for t,he validity of proceedings
the Tribunal"
Tribunal is unable to continue and anot,her person can
matt.ers before 'the Tribunal where t,he person consti tu·;.ing?,'
Clause 44 Provides fot' the continuation of the hearing
therewi th"
t,o il'1p.!l1bers of the A" F'" P. to be
Clause 41 This is a complementary Clause t,o Clause 42.
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Clauses provide for jurisdiction, as to arbitration in
person to be appointed as sec!'et,ary of the Tribunal ..
the President of the Commission.. It also provides for
of the Conciliation and Arbitrat,ion
Clause 4~, Provides for the establishment of the Federal
Arbit,ral Tribunal to be const,ituted by a
Tribunal
and Arbitration Commission, but by a Federal Police
determine such matters.. These are not to include matte~,$,:'e,''i'~'
'\promotion. transfer, discipline, retir~ment or dismissals~
that are deal t with by other machinery ..
Clause 47 Provides that a determination by th~ Tribunal
binding on all parties to the proceedings"
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£lausJL~ P~~vides that the Tribunal in making the
determination is not limited to matters submitt.ed to it
if the Tribunal considers that the public interest or
the interests of the AFP justify the inclusion of other
matters ..
gause 49 Provides partiqular powers of the Tribunal ..
Clause 50 Provides that ptocedures before the Tribunal--~
are to be as determined by the Tribunal with as little
fotmality and technicality without being bound by the rulp.s
of evidence"
flause 51 Provides a penalty fol:' witnesses who, without
reas("~'~ble excuse. fail to attend before the Tribunal ..
Clause 52 Provides a penalty fol:' a witness who I "'i thout
reasonable excuse I refuses to be sworn or refuses to
answer questions befor'e, or produce documents to, the Tribunal"
Clause 53 Provides for it to be an offence for.' a person
to be in contempt of the TribunaL
~L2.i Provides for an appeal to"be made from a determinati.on
Jr a decision of the Tribunal to the Full Bench of the
:onci:"iation and Prbitration C::munission provided that the
nattet' is of such imoortance th?t, th appeal is in the public
interest., It further provides the power for the Commission
'0 hear and detennine such matt,era ..
-laus r '1 Restricts representation i.n proceedings before the
ribunal to a member or officer of an association or an officer
f the Department administered by the Minister. It further
lovides that, in t'he case of proceedings before the Corranission,
nd Where the parties and the Commission consent legal
'?presentation can be made ..
~~se 56 Prevent.s the allowance of costs in respect of any
:oceedings before the Tribunal or Commi.ssion. This is the
mgstanding position in arbitl:'ation ::-rrangernents of this nature.
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C.la!:!.§~....2? Provide.s that decision by the 'tribunal Or
Comrnission shall be final ..
Cl-:3t::.se 58 Enables?: determination to be varied 01-
rescinded and an ag.reement to be rescinded ..
Clause 59 Enables a pe:t:'sor:, to sue the Commonwealth
t.hrough the Federal Court of Australia for any
amount due to him under a de1;:,erminat.ion QI' agreement
but unpaid to him ..
,Part VI - Miscellaneous
Clause 60 Definition and interpretation of a member
for the purposes of this Pa~'t."
Cl,§.y.se 61, Provides that the Commissioner may confer
an award on a member 10!:' bravery or other conspicuous
conduct... Crit,eria for such awards shall be prescribed ..
,Clause 6.£ Creates an offence and provides a penalty f.or
a person to make a false or misleading statement in
of an application for appointment to thE: ,1;ustralian
Police and enab12s the Commissioner to dismiss a member
is convicted of such an offence ..
Clau£~.....§l Creates an offence and pr'ov:i des a penalty for
a person, not. being a member I to personate a member. or
have in his possession any arms. enuiprrlent, uniform,
or document.s of the AFP ..
Clause 64 Creates an offence to assault, resist,
a member in the execut.ion of his duty, or to incite or
assist another person to do these things: 3nd enables
awardi.ng of compensati.on fur damage or injury caused.
Clause 62 Provides that offences against the Act may be
prosecuted either summarily or on indictment.
Clause 66 Enables the Minister to delegate his powers
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the Act"
gause 6'7 Reruires the comriUssioner to furnish the
Minist.et with an annual report which shall be tabled
in each House of Parliamento
£!ause 68 Enables the Commissioner to issue certificates
of appointment to members of the AFP, which certificates
are conclusive evidence of a valid appointment.
~use 69 Enables the Minister t.o establish a Police
Liaison Cormnittee for the Australian Capital Territory
and for t,he constitution and functions of t,he conunitt,ee
to be as prescribed.
Clause 70 Empowers the Governor·-General to make regulations
gene:... ..ly for carrying out or giving effect t,o the Act ..
~!I - Transi~~onal
~e 71 Provides interpretations in respect of persons
t.o whom the transit.ional provisions in this Pal:'t apply ..
pause '72 Provides for the appointment to the Australian
Federal Police of all present Membe..~'s of the Aust,ralian
Capital Territory Police :foroe and CorrnnorMealth Police Force.
This is t.he incorporation Clause ..
Clause 73 Provides that members, who are applicants for
a J::'ank in t,he Australian Federal Police and who had been
members of either exist,ing Police Force and are oualified
and sl'it.able, shall have preference over non members.I
Such ~reference shall be for a pet'iod of at least fi ve )tears ..
Clause '74 Provides for t,he continuation of existing terms
and condi tions of service of members of the Australian Capital
Territ.ory and Commonwealth .Police Forces until a detennination
is made by the Minister under Section 30 ..
£!ause 75 Protects the accrued long service leave entitlements
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of member's of the Australian Capital Territory and
Commonwealth Police Forces.
Cl.ause 76 Pt'otects the rights and entitlements of
on leave prior to the commencement of this Act to
on leave ..
Clause 77 Pt'otects the rights to leave of absence
prior to the commencement of this Act, for members of
Australian Federal Police.
Clause 78 Protects the provisional promotion of a
prior t.o the conunencing date and provides for the
of any outstanding promotion appeals ..
Clause 79 Provides for any disciplinary proceedings
prior t,o the commencement of this Act under police legis!
or under the Public Service Act in respect of a member
Australian Federal Police t,o be carried through to
finalisation ..
Clause 30 Provides for the exercise of existing powers
and dut!es in relation to Commonwealth places i.n a State.
to be continued until an ar'rangement is made
Commissioner of the AFP and the Conunissi.oner of Police
a State pursuant to Clause 8(2).
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