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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).