Commonwealth of Australia Explanatory Memoranda

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CRIMES LEGISLATION AMENDMENT BILL 2010 [2011]

                                    2010








               THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA






                                   SENATE





                   CRIMES LEGISLATION AMENDMENT BILL 2010







                               ADDENDUM TO THE
                           EXPLANATORY MEMORANDUM







            (Circulated by authority of the Minister for Justice,
                    the Honourable Brendan O'Connor, MP)


SCHEDULE 4 - GENERAL OUTLINE (p39)

Replace paragraph 3 with the following:

In the absence of a similar provision in the AFP Act, payment can be made
to AFP appointees in special circumstances through an ex-gratia payment.
Ex-gratia payments to AFP appointees require consultation with the
Department of Finance and Deregulation, the Department of Prime Minister
and Cabinet, the Minister for Home Affairs and Justice.  The final decision
on whether to approve an ex-gratia payment is made by the Prime Minister or
Cabinet.  This process can often take a considerable amount of time.


SCHEDULE 4 - ITEM 4 (p40)

Under the second dot point list, insert a new paragraph:

The Commissioner will be able to authorise a payment in relation to a
person's engagement as an AFP appointee, whether this engagement commenced
before or after the commencement of these amendments.


SCHEDULE 4 - ITEM 4 (p41)

Second last paragraph: Omit "a total amount of less than $100,000",
substitute "a total amount of up to $100,000" to correct a typographical
error in the Explanatory Memorandum.

Final paragraph: Omit "Minister for Finance and Administration", substitute
"Minister for Finance and Deregulation" to correct a typographical error in
the Explanatory Memorandum.


SCHEDULE 4 - ITEM 4 (p42)

Replace paragraph 2 with the following:

For example, the Commissioner might authorise a payment to the spouse of an
AFP member injured while serving overseas, with the condition that the
payment be used to cover the costs involved in the spouse travelling to the
AFP member.

Replace paragraph 3 with the following:

The note to subsection 35A(5) clarifies that section 35A does not provide
an authority for appropriating money for payments.  Payments would normally
be made out of the AFP's annual appropriation.