Commonwealth Numbered Regulations Commonwealth Numbered RegulationsNote: A number of expressions used in this instrument are defined in the Act, including the following:
(a) AFP appointee;
(b) blood test;
(c) body sample;
(d) breath test;
(e) prohibited drug test;
(f) protective service functions.
In this instrument:
"Act " means the Australian Federal Police Act 1979 .
"AFP " means Australian Federal Police.
"AFP records " means the records of the Australian Federal Police.
"analyst " means a person at an authorised laboratory who performs the quantification of a body sample taken by an authorised person in conducting a test.
"approved breath analysis instrument " means an instrument that is approved for the purposes of conducting a breath test:
(a) for a breath test conducted in a State or the Australian Capital Territory--under the law of the State or Territory in which the breath test is conducted; or
(b) for a breath test conducted in an external Territory, the Jervis Bay Territory or a foreign country--under a law of a State or the Australian Capital Territory.
Note: A State includes the Northern Territory--see the definition of State in subsection 4(1) of the Act.
"authorised laboratory " means:
(a) a facility accredited by the National Association of Testing Authorities, Australia; or
(b) a facility covered by a determination in force under section 40.
(a) in relation to giving directions under sections 40M and 40N of the Act--a person authorised under section 31 of this instrument to give such directions; or
(b) in relation to conducting tests and operating equipment mentioned in paragraph 40P(1)(b) of the Act--a person authorised under section 32 of this instrument to conduct such tests and operate such equipment .
"claimable property " means property, including liquid property, that has lawfully come into the possession of an AFP employee, a special member or a special protective service officer and:
(a) includes property that:
(i) has been seized or found; or
(ii) is held for evidentiary use in legal proceedings; and
(b) does not include:
(i) property that is owned or is held, under any rights to lawful possession (other than those referred to in paragraph (a)), by the AFP; or
(ii) property that the Commissioner has directed under section 74 be disposed of (disposal of other property that has been found); or
(iii) property that the Commissioner has directed under section 76 be disposed of (immediate disposal of property on the grounds of public health and safety or offensive nature).
"cost to AFP for use of AFP appointee's time " , in relation to making an AFP appointee available to render a service, means:
(a) if the AFP appointee is made available for a minimum of 4 hours and renders the service for 4 hours or less--the amount of remuneration payable to the AFP appointee for 4 hours plus 150.2% of the AFP appointee's base salary for 4 hours; or
(b) in any other case--the amount of remuneration payable to the AFP appointee for the period when the AFP appointee renders the service plus 150.2% of the AFP appointee's base salary for the period.
"debtor " means the Commissioner, a Deputy Commissioner or an AFP employee who owes a judgment debt.
"engage in conduct has the same meaning as in the Criminal Code" .
"government agency " means:
(a) a Department of the Commonwealth or of a State or Territory; or
(b) a body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.
"head " of a government agency means:
(a) in relation to a Commonwealth government agency that is a Department of the Commonwealth--the Secretary of the Department; or
(b) in relation to any other government agency--the person holding, or performing the duties of, the principal office in respect of the agency.
"illicit materials has the same meaning as illicit goods" has in the Crimes Act 1914 .
"illicit-related materials " means any materials that were, or the Commissioner is satisfied have been, used in the production, manufacture, transport or concealment of illicit materials.
"integrity agency " means any of the following:
(a) the New South Wales Crime Commission;
(b) the Independent Commission Against Corruption of New South Wales;
(c) the Law Enforcement Conduct Commission of New South Wales;
(d) the Independent Broad-based Anti-corruption Commission of Victoria;
(e) the Crime and Corruption Commission of Queensland;
(f) the Corruption and Crime Commission of Western Australia;
(g) the Independent Commissioner Against Corruption of South Australia;
(h) the Integrity Commission of Tasmania.
"judgment creditor " : a person is a judgment creditor for a debtor if a judgment has been given in favour of the person for a sum of money owed by the debtor.
"judgment debt " includes interest on a judgment debt.
"liquid property " includes money and negotiable instruments, but does not include property that has a collectable value.
Example: Property that has a collectable value could include a rare coin, a proof set of coins, a coin collection, a rare currency note or a collection of currency notes, the face value of which is less than its market value.
"medical practitioner " has the same meaning as in the Health Insurance Act 1973 .
"Merit Protection Commissioner " means the Merit Protection Commissioner appointed under the Public Service Act 1999 .
"net salary " of a debtor: see subsection 24(5).
"paying officer " , for a debtor, means:
(a) if the debtor is the Commissioner--a person appointed under subparagraph 20(2)(d)(ii); or
(b) in any other case--a person appointed under subsection 20(1).
"prescribed property " of a person: see subsection 62(4).
"registered nurse " has the same meaning as in the Health Insurance Act 1973 .
"remuneration " , for an AFP appointee, means the sum of the following:
(a) the base salary of the AFP appointee;
(b) any penalties, composites, overtime and other allowances payable to the AFP appointee.
"returnable property " : see subsection 62(3).
"superannuation scheme " has the same meaning as in Part VA of the Act.
"total gross salary " of a debtor: see subsection 24(6).