The Australian Federal Police consists of:

(2) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):

The functions of the Australian Federal Police are:

(1A) The Minister and the Australian Capital Territory may enter into arrangements for the provision of the police services in relation to the Australian Capital Territory that are in respect of Territory functions as defined by A.C.T. Self-Government (Consequential Provisions) Act 1988, and, where the arrangements have been entered into, the provision of those services shall be in accordance with the arrangements.section 3 of the

The Minister shall try to enter into the first such arrangement before 1 July 1990.

The Minister may enter into an arrangement with:

The provision of police services and regulatory services in an external Territory must be in accordance with any arrangements in force under subsection (1C) for the Territory.

(2) The provision of police services in relation to a Commonwealth place in a State, being services by way of the investigation of offences against the laws of that State having application in relation to that place by virtue of the Commonwealth Places (Application of Laws) Act 1970, shall be in accordance with arrangements made between the Commissioner and the Commissioner of Police (however designated) of that State.

Arrangements for the provision of services under subsection (1A) or (1C) may include arrangements for the doing of anything incidental or conducive to the provision of the services.

In this section:

Commonwealth place has the same meaning as in the Commonwealth Places (Application of Laws) Act 1970.

In addition to any other powers and duties, a member has:

Where any provisions of a law of a State apply in relation to offences against the laws of the Commonwealth or of a Territory, those provisions so apply as if:

The Commissioner may, by writing, declare that a member is of a particular rank for the purposes of subparagraph (1)(a)(ii).

(2B) The Commissioner may, by writing, declare that a member is of a particular rank (the State law rank) for the purposes of subparagraph (1)(c)(vi) or paragraph (2)(b) if:

Unless it ceases to be in force sooner, a declaration under subsection (2B) ceases to be in force when the declaration under subsection (2A) ceases to be in force.

In paragraph (1)(a):

constable includes a member of the Police Force of a State or Territory.

In this section:

AFP dog means a police dog or a protective service dog that is used by the Australian Federal Police.

AFP dog handler means a member or a protective service officer whose duties as a member or a protective service officer include the duties of an AFP dog handler.

protective service dog means a dog used or trained to assist protective service officers.

Where an AFP dog handler is entitled to enter, or to be on or in, particular premises or a particular place in the performance of the AFP dog handler’s duties as a member or a protective service officer, the AFP dog handler is entitled, in entering, or being on or in, the premises or place, to be accompanied by an AFP dog under the control of the AFP dog handler.

The Commonwealth, a member or a protective service officer is not subject to any penalty, liability or forfeiture by reason only of an AFP dog having entered, or having been on or in, particular premises or a particular place if:

In any proceeding, a certificate in writing signed by the Commissioner certifying that:

A protective service officer must not, in arresting or attempting to arrest a person for an offence or in preventing a person who has been arrested for an offence from escaping, use more force, or subject the person to greater indignity, than is reasonable and necessary in order to make the arrest or prevent the escape of the person.

Without limiting the generality of subsection (1), a protective service officer must not, in arresting or attempting to arrest a person for an offence or in preventing a person who has been arrested for an offence from escaping, do an act likely to cause death or grievous bodily harm to the person unless the officer believes on reasonable grounds that the doing of the act is necessary to protect life or prevent serious injury to the officer or any other person.

A protective service officer who arrests a person for an offence must inform the person, at the time of the arrest, of the offence for which the person is arrested.

It is sufficient compliance with subsection (1) if the protective service officer informs the person of the substance of the offence, and it is not necessary to do so in language of a precise or technical nature.

Subsection (1) does not apply to the arrest by a protective service officer of a person for an offence if the person, by his or her own actions, makes it impracticable for the protective service officer to inform the person of the offence.

Where a protective service officer who arrests a person for an offence believes or has reasonable grounds for believing that the person is unable, by reason of inadequate knowledge of the English language or any physical or mental disability, to understand the substance of the offence for which the person is arrested, the protective service officer must, as soon as practicable, take all reasonable steps to ensure that the person is provided with an explanation of the substance of the offence that the person is able to understand.

A protective service officer may, upon lawfully arresting a person for an offence:

If the protective service officer is not of the same sex as the arrested person, an ordinary search or a frisk search of the arrested person for the purposes of subsection (1) may be conducted by:

An action or proceeding, whether civil or criminal, does not lie against a person who, at the request of a protective service officer, conducts a search under this section if the person acts in good faith and does not contravene subsection (4).

A protective service officer or other person who conducts a search under this section must not use more force, or subject an arrested person to greater indignity, than is reasonable and necessary in order to conduct the search.

A protective service officer or other person who lawfully conducts a search under this section may seize:

A protective service officer who arrests a person for an offence must ensure that the person is delivered into the custody of a police officer as soon as practicable to be dealt with according to law.

Where a weapon or other thing has been seized from the person under subsection 14D(5), the protective service officer must ensure that the weapon or other thing is delivered to the police officer into whose custody the person is delivered.

In this section:

police officer means:

The power of arrest conferred by section 14A on protective service officers is in addition to, and not in derogation of, powers of arrest available to protective service officers under any other law of the Commonwealth or the law of a State or Territory.

Subject to subsection (3), where a protective service officer, in the course of his or her duties as a protective service officer, arrests a person for any offence (whether the arrest is made under section 14A, under any other law of the Commonwealth or under the law of a State or Territory), sections 14B to 14F apply in relation to the arrest despite any other law of the Commonwealth or the law of a State or Territory.

(3) Subsection (2) has effect subject to sections 252 and 253 of the Migration Act 1958.

Subject to subsection (2), the powers conferred, and duties imposed, by this Division on protective service officers are in addition to, and not in derogation of, any other powers conferred, or duties imposed, by any other law of the Commonwealth or the law of a State or Territory, and this Division is not intended to exclude or limit the operation of any other law of the Commonwealth or the law of a State or Territory providing for such powers or duties in so far as it is capable of operating concurrently with this Division.

This Division, in so far as it protects the individual, is in addition to, and not in derogation of, any rights and freedoms of the individual, whether under the law of the Commonwealth or of a State or Territory, and this Division is not intended to exclude or limit the operation of any law of the Commonwealth or of a State or Territory providing for those rights and freedoms in so far as it is capable of operating concurrently with this Division.

If:

If a designated person:

Subsection (2) does not apply if the suspect has a reasonable excuse.

This section applies if a designated person suspects on reasonable grounds that:

The designated person may:

If the designated person is not of the same sex as the suspect, an ordinary search or a frisk search of the suspect for the purpose of searching for the thing may be conducted by:

If a designated person requests an officer of Customs or another person to conduct a search of a suspect, the designated person must explain to the officer of Customs or the other person:

An action or proceeding, whether civil or criminal, does not lie against a person who conducts a search under paragraph (3)(b) or (c) if the person acts in good faith and does not contravene subsection (6).

A designated person or other person who conducts a search of a suspect under this section must not use more force, or subject a suspect to greater indignity, than is reasonable and necessary in order to conduct the search.

A suspect must not be detained under this section for longer than is reasonably necessary for a search to be conducted under this section.

Designated person may search a thing

If subparagraph (1)(a)(iv) applies, the designated person may, for the purpose of searching for the thing mentioned in that subparagraph, search a thing that the designated person suspects on reasonable grounds was brought by the suspect onto premises at which the Australian Federal Police is performing protective service functions.

Other conditions relating to conduct of search of suspect or thing

In searching a thing under subsection (2) or (8), the designated person may use such force as is reasonable and necessary in the circumstances, but must not damage the thing by forcing it, or a part of it, open unless:

If, as a result of conducting a search under section 14J, a designated person, or a person who conducted the search under subsection 14J(3) on behalf of a designated person, finds the thing for which the designated person or person was searching, the designated person may seize the thing.

Designated person may seize a dangerous thing

If, as a result of conducting a search under section 14J, a designated person, or a person who conducted the search under subsection 14J(3) on behalf of a designated person, finds a weapon, or other thing, that the designated person suspects on reasonable grounds is likely to be used by the suspect or another to cause death or serious harm to a person:

If the designated person is a protective service officer, the designated person must ensure that the thing is delivered into the custody of a police officer as soon as practicable.

A police officer who is for the time being responsible for a thing seized under within 7 days after the seizure day, serve a seizure notice on:section 14K must,

Subsection (1) does not apply if:

A seizure notice must:

The owner of a thing seized under section 14K may request the return of the thing.

A police officer who is for the time being responsible for a thing seized under section 14K must return the thing to its owner if:

A thing is forfeited to the Commonwealth if the owner of the thing does not request its return:

If:

In this section:

seizure day means:

If subsection 14L(7) applies, the police officer may apply to a magistrate for an order in relation to the thing to which that subsection applies.

The magistrate must, in determining an application by a police officer under subsection (1), allow the owner of the thing to appear and be heard.

If the magistrate is satisfied that:

If the magistrate is not satisfied as mentioned in subsection (3), the magistrate must order that the thing be returned to the owner.

The Commissioner of Police and one or more Deputy Commissioners of Police shall be appointed by the Governor-General by Commission.

Subject to this Part, the Commissioner holds office for such period, not exceeding 7 years, as is specified in his or her instrument of appointment, but is eligible for re-appointment.

Subject to this Part, a Deputy Commissioner holds office for the period, not exceeding 5 years, specified in the instrument of appointment, but is eligible for re-appointment.

Where a person is re-appointed under this section for a term beginning immediately after the end of the person’s last appointment, the person’s service is to be taken to be continuous.

The Commissioner holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Governor-General.

A Deputy Commissioner holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Commissioner.

At any time when the office of Commissioner or an office of Deputy Commissioner is or is expected to be vacant (whether or not the office has previously been filled), the Minister may appoint a person to act as Commissioner or as a Deputy Commissioner, as the case may be, until the filling of the vacancy.

While a person is acting as Commissioner or as a Deputy Commissioner under subsection (1), he or she has, and may exercise, all the powers (except a power to make a declaration under subsection 40D(4)), and shall perform all the functions and duties, of the Commissioner or of the Deputy Commissioner, as the case may be.

At any time when the Commissioner or a Deputy Commissioner is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the Commissioner or a Deputy Commissioner, as the case may be, the next most senior member who is available has, and may exercise, all the powers (except a power to make a declaration under subsection 40D(4)), and shall perform all the functions and duties, of the Commissioner or the Deputy Commissioner, as the case may be.

The Minister may determine the remuneration and allowances of a person who exercises the powers, and performs the functions and duties, of the Commissioner under subsection (1).

The Commissioner may determine the remuneration and allowances of a person who exercises the powers, and performs the functions and duties, of a Deputy Commissioner under subsection (1).

A person is not entitled to be paid remuneration or allowances under this section for exercising the powers, and performing the functions and duties, of the Commissioner or a Deputy Commissioner for less than one week.

The exercise of the powers and the performance of the functions and duties of the Commissioner or of a Deputy Commissioner by a member under this section does not affect the exercise of any power or the performance of any function or duty by the Commissioner or by the Deputy Commissioner, as the case may be.

The validity of anything done by a person purporting to act in accordance with this section shall not be called in question on the ground that the occasion for his or her so acting had not arisen or had ceased.

For the purposes of subsection (1), the order of seniority of members is as determined by the Commissioner.

In this section, except so far as the contrary intention appears, a reference to the Commissioner or to a Deputy Commissioner shall be read as including a reference to an acting Commissioner or acting Deputy Commissioner, as the case may be, appointed under section 18.

The Commissioner shall be paid such remuneration as is determined by the Remuneration Tribunal, but if no determination of that remuneration is in operation, he or she shall be paid such remuneration as is prescribed.

The Commissioner shall be paid such allowances as are prescribed.

A Deputy Commissioner is to be paid such remuneration and allowances as the Commissioner determines in writing.

(3) This section has effect subject to the Remuneration Tribunal Act 1973.

The Commissioner has such recreation leave entitlements as are determined by the Remuneration Tribunal.

The Minister may grant the Commissioner leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines.

The Commissioner may grant leave of absence to a Deputy Commissioner on such terms and conditions as to remuneration or otherwise as the Commissioner determines.

The Governor-General may terminate the appointment of the Commissioner or a Deputy Commissioner by reason of misbehaviour or physical or mental incapacity.

If the Commissioner or a Deputy Commissioner:

The Commissioner may, under written agreements, engage persons as consultants, or independent contractors, to perform services.

(2) The Commissioner may determine, in writing, that a consultant, or independent contractor, specified in the determination is to be an AFP appointee for the purposes of paragraph (f) of the definition of AFP appointee in subsection 4(1).

A determination under subsection (2) is not a legislative instrument.

(1) The Commissioner may authorise the making of payments to a person (the payee) under subsection (2) if the Commissioner considers it appropriate to do so because of special circumstances that relate to, or arise out of:

The Commissioner may authorise the making of any of the following payments:

Payments may be authorised under this section even though the payments would not otherwise be authorised by law or required to meet a legal liability.

An authorisation cannot be made under this section if it would involve, or be likely to involve, a total amount of more than $100,000.

Conditions may be attached to payments under this section. If a condition is breached, the payment may be recovered by the Commonwealth as a debt in a court of competent jurisdiction.

A person appointed as the Commissioner must, before commencing to perform his or her duties, make and subscribe, before a person authorised by the Minister, such oath or affirmation as is prescribed by the regulations.

Deputy Commissioner

A Deputy Commissioner appointed under section 17 must, immediately after his or her appointment:

A person declared to be a member under section 40B must, immediately after the declaration:

A person appointed under section 40E to assist in the performance of the functions of the Australian Federal Police must, immediately after his or her appointment:

A person declared to be a protective service officer under section 40EA must, immediately after the declaration:

A person appointed under section 40EC to assist in performing the protective service functions of the Australian Federal Police must, immediately after his or her appointment:

(5) For the purposes of subsections (1) and (2), appoint does not include re-appoint for a term that begins immediately after the end of the term of the last previous appointment.

Subject to this Act, the Commissioner has the general administration of, and the control of the operations of, the Australian Federal Police.

Ministerial directions

The Minister may, after obtaining and considering the advice of the Commissioner and of the Secretary, give written directions to the Commissioner with respect to the general policy to be pursued in relation to the performance of the functions of the Australian Federal Police.

In addition to his or her power to give directions under subsection (2), the Minister may give written directions (either specific or general) to the Commissioner in relation to the use of common services in accordance with an arrangement made under subsection (5).

Commissioner must comply with directions

The Commissioner must comply with all directions given under this section.

Ministerial arrangements

The Minister may, after obtaining and considering the advice of the Commissioner and of the Secretary, make an arrangement with the appropriate Minister of a State for the provision or development of common services and for the use of such common services by the Australian Federal Police and the Police Force of the State.

Definitions

In this section:

common services includes services consisting of, or provided by means of:

If an AFP appointee is required under section 39 or 40 to give information, answer a question or produce a document, he or she is not excused from giving the information, answering the question or producing the document on the ground that the information, the answer to the question or the production of the document might tend to incriminate him or her or make him or her liable to a penalty.

However, any information or answer so given or any document so produced is not admissible in evidence against the AFP appointee in any proceedings.

Subsection (2) does not apply to any information or answer so given, or any document so produced, that is relevant to conducting a test under section 40M or 40N (about testing for alcohol or prohibited drugs)

The Governor-General may, by commission, declare a member to be a commissioned police officer.

Before the Governor-General makes a declaration under subsection (1), the Minister must have received a recommendation from the Commissioner that the member be declared to be a commissioned police officer.

The Commissioner may make such a recommendation only if he or she is satisfied that the member is, in accordance with the regulations, competent and qualified to be a commissioned police officer.

Commission by Commissioner or Deputy Commissioner

If the Governor-General, in writing, authorises the Commissioner or a Deputy Commissioner to make declarations of the kind mentioned in subsection (1), the Commissioner or Deputy Commissioner may, by commission, declare a member to be a commissioned police officer.

The Commissioner or Deputy Commissioner may make a declaration under subsection (4) only if he or she is satisfied that the member is, in accordance with the regulations, competent and qualified to be a commissioned police officer.

The giving of an authorisation under subsection (4) does not limit the Governor-General’s power under subsection (1).

The Commissioner may, on such terms and conditions as he or she determines in writing, appoint a person as a special member of the Australian Federal Police to assist in the performance of its functions.

A person appointed under subsection (1) has, during the continuance of his or her appointment:

The Commissioner may arrange for an AFP employee to be seconded for a specified period to:

The Commissioner may at any time terminate a secondment under subsection (1) after consultation with the Police Force, the Australian Public Service Commissioner or the body or organisation, as the case may be.

Minister may give guidelines for secondments outside Australia

The Minister may give the Commissioner written guidelines on the secondment of AFP employees to the Police Force of a foreign country, or to any other body or organisation outside Australia.

The Minister must consult the Commissioner about the guidelines before giving them to the Commissioner.

If the Minister gives guidelines to the Commissioner, the Commissioner must not arrange for an AFP employee to be seconded to the Police Force of a foreign country, or to any other body or organisation outside Australia, except in accordance with the guidelines.

The secondment under section 40F of a person who is an AFP employee does not affect:

During a period of secondment of an AFP employee under section 40F, the employee remains subject to the same obligations and liabilities in relation to AFP professional standards as those to which the employee would, but for the secondment, have been subject as such an employee.

Rights etc. arising from office or position to which person seconded

Nothing in this section affects:

The Commissioner may from time to time determine in writing the duties of an AFP employee, and the place or places at which the duties are to be performed.

Determination of terms and conditions while AFP employee outside Australia

The Commissioner may from time to time determine in writing the terms and conditions applying to an AFP employee while the employee is performing duties outside Australia.

Duties to meet special operational needs

If:

(4) Without limiting subsection 33(3) of the Acts Interpretation Act 1901, the Commissioner may at any time revoke in writing a determination made under subsection (1).

The regulations may do any one or more of the following:

The kind of directions that an AFP employee may be required to comply with while suspended from duty are:

To avoid doubt, an AFP employee who takes annual leave while suspended without remuneration is to be paid as if the employee were taking annual leave while not suspended.

If the Commissioner terminates the employment of an AFP employee under section 28 because the Commissioner believes, on reasonable grounds, that the employee’s conduct or behaviour, or any part of it:

Any declaration under subsection (1) must be made within 24 hours of the Commissioner’s decision to terminate the employment of the AFP employee. The Commissioner must give a copy of the declaration to the AFP employee.

Definition

In this section:

serious misconduct means:

The Commissioner may give a person who is an AFP employee or a special member a written direction requiring the person to give the Commissioner a statement in accordance with subsection (2).

Nature etc. of statement

The statement must:

The person must give the statement to the Commissioner within 2 months after the end of the period to which the statement relates.

Extension of time

The Commissioner may grant an extension of time for giving the statement in special circumstances.

Self-incrimination

The person is not excused from giving the statement on the ground that the statement might tend to incriminate him or her or make him or her liable to a penalty.

However, any statement so given is not admissible in evidence against the person in any proceedings.

(1) An AFP appointee authorised under authorised manager) may require another AFP appointee (the screening test subject) to undergo an alcohol screening test if:section 40PA to act as a manager (the

The screening test subject must comply with the requirement given to him or her under subsection (1).

Test results

If the result of the alcohol screening test shows that alcohol is not present in the screening test subject’s breath, the screening test subject may return to his or her duties immediately.

If:

This section does not limit the operation of section 40M.

A person authorised to do so under the regulations may give an AFP appointee who is on duty a written direction requiring him or her to do one or more of the following:

If:

An AFP appointee must comply with a direction given to him or her under this section.

If:

If an incident occurs in which a person is killed or seriously injured as a result of:

A direction under subsection (1) or (2) must be given by an authorised person as soon as practicable after the incident concerned and may be given whether or not the AFP appointee is still on duty.

Provision of blood or body sample while in hospital

If an AFP appointee involved in the incident attends or is admitted to a hospital for examination or treatment because of the incident, a person authorised to do so in accordance with the regulations may give the AFP appointee a written direction requiring him or her:

An AFP appointee must comply with a direction given to him or her under this section.

For the purposes of sections 40LA, 40M and 40N, the regulations may make provision, not inconsistent with those sections, in relation to the following:

(2) Despite subsection 14(2) of the Legislation Act 2003, regulations made for the purposes of section 40LA, 40M or 40N may make provision in relation to a matter by applying, adopting or incorporating any matter contained in a standard published by, or on behalf of, Standards Australia or published jointly by, or on behalf of, Standards Australia and Standards New Zealand:

If the regulations make provision in relation to a matter by applying, adopting or incorporating a matter contained in a standard as referred to in subsection (2), the Commissioner must ensure that the text of the matter applied, adopted or incorporated is readily available, free of charge, to each AFP appointee.

Subsection (3) does not apply if the text cannot be made so available without infringing copyright.

The Minister may, in writing, approve devices of a type described in the approval to be approved screening devices if he or she is of opinion that:

An approval under this section is a legislative instrument.

A person may give information that raises an AFP conduct or practices issue to:

The person:

(3) For the purposes of this Act, the person is a complainant in relation to the AFP conduct or practices issue, if:

If the person gives the information orally, the Commissioner, the AFP appointee to whom the information is given or the AFP appointee or other person to whom the issue is allocated:

(5) If the Ombudsman decides to refer information under subsection 6(21) of the Ombudsman Act 1976, the person who gave the information to the Ombudsman is taken to have given the Commissioner information that raises an AFP conduct or practices issue under this section.

A person’s right to give information under this section:

(1) This section applies if a person (the detainee) is being detained in custody.

(2) For the purposes of this section, a custodian is:

The detainee may request a custodian to provide the detainee with:

If the detainee requests facilities under subsection (3), the detainee is entitled to be provided with those facilities.

The detainee may request a custodian to have sent to the Commissioner (or the person to whom the relevant AFP conduct or practices issue is allocated) a sealed envelope that is:

If the detainee makes a request under subsection (5), the detainee is entitled to have the envelope delivered to the Commissioner (or the person to whom the relevant AFP conduct or practices issue is allocated) without undue delay.

The detainee is entitled to have delivered to the detainee, without undue delay, any sealed envelope that:

A custodian is not entitled to open, or inspect any document enclosed in, a sealed envelope that:

For the purposes of this section, the Commissioner may make arrangements with the appropriate authority of a State or a Territory for the identification and delivery of sealed envelopes sent by the Commissioner (or the person to whom the relevant AFP conduct or practices issue is allocated) to persons detained in custody in that State or Territory.

(1) If a person gives information to another person (the recipient) under section 40SA, the recipient must:

Subsection (1) does not apply if:

If the issue is not resolved within a reasonable period, the recipient must:

The Minister may, if he or she thinks it appropriate to do so, arrange for an inquiry to be held, by such person or persons, and in such manner, as he or she determines, concerning:

Subsection (1) applies even if:

If the Minister arranges under section 40UA for an inquiry to be held into any conduct or other matter, the Minister must inform the following of the inquiry:

The Minister must inform those people, and those bodies, of:

This section applies if:

The Commissioner may suspend further action in relation to the conduct or matter under Division 3 until the inquiry has been completed.

If the Commissioner:

If the conduct or matter is being dealt with under the Commissioner may take action under subsection (2) or (3) only after consulting the Ombudsman.Division 3 jointly by the Ombudsman and the Australian Federal Police,

If an inquiry is held in accordance with arrangements made under section 40UA, the person holding the inquiry:

On receipt of a report of the results of an inquiry held in accordance with arrangements made under the Minister may cause such action to be taken, arising out of the Minister’s consideration of the report, as he or she thinks fit.section 40UA,

Without limiting subsection (2), the Minister may do one or more of the following:

(1) This Division applies if a person (the investigator):

The powers provided for in this Division are in addition to any other powers the investigator may have.

The investigation or inquiry is to be conducted, subject to this Division, in such manner as the investigator thinks fit.

(2) If the Ombudsman makes an arrangement with the Commissioner under Ombudsman Act 1976 in relation to the investigation of the issue, the investigator must:section 8D of the

If:

Subsection (3) has effect subject to subsection (2).

If:

Subsection (5) has effect subject to subsection (2).

If the investigator is conducting an inquiry under the Minister may give the investigator directions as to the manner in which the investigation is to be conducted and the investigator must comply with those directions.Division 4,

A direction given to the investigator under subsection (3), (5) or (7) is not a legislative instrument.

For the purposes of the investigation or inquiry, the investigator may obtain information from such persons, and make such inquiries, as he or she thinks fit.

Subsection (1) has effect subject to this Division.

Sections 40VB and 40VC do not authorise an AFP appointee to contravene, or fail to comply with, a law that would, if those sections had not been enacted, apply in relation to the investigation or inquiry.

Nothing in subsection (1) affects the operation of any other provision of this Division.

The investigator may, for the purposes of the investigation or inquiry, direct an AFP appointee:

A direction under subsection (1) has no effect unless the investigator:

If an AFP appointee is directed under subsection (1) to give information, produce a document, record or thing, answer a question or do something else for the purposes of obtaining evidence, the AFP appointee is not excused from complying with the direction:

The information, the production of the document, record or thing, the answer to the question or the evidence obtained by doing that thing, is not admissible in evidence against the AFP appointee in any civil or criminal proceedings other than:

Nothing in subsection (4) is taken to affect the admissibility in evidence, in any civil or criminal proceedings, of:

If a document, record or thing is produced to the investigator under a direction under subsection (1), the investigator may:

If a document or record is produced to the investigator under a direction under subsection (1), the investigator may take extracts from, or a copy of, the document or record.

For all the purposes of this Act, and the regulations in force under this Act, a direction given by the investigator under subsection (1) has effect as if it had been given by the Commissioner.

An AFP appointee is not liable to any penalty (other than a penalty under this Act) merely because the appointee:

If a direction given by an investigator under subsection (1) is in writing, the direction is not a legislative instrument.

For the purposes of the investigation or inquiry, the investigator may:

If the investigator retains possession of a document, record or thing under paragraph (1)(f) during a particular period, the investigator must allow a person who would be entitled to inspect the document, record or thing, if it was not in the investigator’s possession, to inspect the document, record or thing at all reasonable times.

The document, record or thing referred to in paragraph (1)(d), (e) or (f) need not be one that is being used by the Australian Federal Police.

In this section:

premises includes a place, vehicle, vessel and aircraft.

This section applies if the investigator is conducting an inquiry under Division 4.

Investigator may give direction

For the purposes of the inquiry, the investigator may:

A direction under subsection (2) has no effect unless the investigator:

If an AFP appointee is directed under subsection (2) to answer a question, the AFP appointee is not excused from complying with the direction:

The answer to the question is not admissible in evidence against the AFP appointee in any civil or criminal proceedings other than:

Nothing in subsection (5) is taken to affect the admissibility in evidence, in any civil or criminal proceedings, of an answer given by an AFP appointee to a question put to him or her by the investigator if the AFP appointee has not been expressly directed, under subsection (2), to answer the question.

Direction has same effect as if given by Commissioner

For all the purposes of this Act, and the regulations in force under this Act, a direction given by the investigator under subsection (2) has effect as if it had been given by the Commissioner.

AFP appointee not liable to penalty for answering question

An AFP appointee is not liable to any penalty (other than a penalty for an offence against subsection 40VH(1)) under the provisions of any other law because the AFP appointee answers a question when directed to do so by the investigator under subsection (2).

Direction is not a legislative instrument

If a direction given by an investigator under subsection (2) is in writing, the direction is not a legislative instrument.

An AFP appointee commits an offence if the AFP appointee:

Subsection (1) does not apply if the AFP appointee has a reasonable excuse.

In any proceedings for an offence against subsection (1), the prosecution bears the onus of proving that:

The Commissioner must ensure that adequate records are kept for the purposes of this Part.

Without limiting subsection (1), the Commissioner must ensure that records are kept of:

Subsection (2) does not apply if subsection 40SC(2) (which deals with category 1 conduct issues that are resolved without being recorded) applies to the information.

The National Anti-Corruption Commissioner is entitled to have access to the records kept under this section for the purposes of performing the National Anti-Corruption Commissioner’s functions.

Without limiting section 40XC, the Ombudsman is entitled to have access to the records kept under this section for the purposes of performing the Ombudsman’s functions.

The National Anti-Corruption Commissioner may direct the Commissioner that access to information about a corruption issue is to be restricted in the way specified in the direction.

The Commissioner must comply with the direction.

(1) For the purposes of this section, the review periods are:

At least once in each review period, the Ombudsman must, for the purposes of reviewing the administration of this Part during that period, inspect the records of AFP conduct issues and AFP practices issues that have been, or are being, dealt with under Divisions 3 and 4 during that period.

The Ombudsman must, as soon as practicable after 30 June each year, prepare a report of the Ombudsman’s work and activities under this Division during the preceding 12 months and give copies of the report to the President of the Senate and the Speaker of the House of Representatives for presentation to the Senate and the House of Representatives, respectively.

The report must include comments as to the comprehensiveness and adequacy of the administration of matters under Divisions 3 and 4.

(1) A person commits an offence if the person causes, or threatens to cause, detriment to another person (the victim) on the ground that the victim, or any other person:

For the purposes of subsection (1), a threat may be:

In a prosecution for an offence against subsection (1), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.

This section applies to a person (other than an AFP appointee or the Ombudsman) who conducts:

A person who is, or has been, a person to whom this section applies commits an offence if:

Subsection (2) has effect subject to subsections (4), (5), (6) and (6A).

Subsection (2) does not prevent a person who is, or has been, a person to whom this section applies from making a record of, or divulging or communicating, information for the purposes of the investigation or inquiry.

Subsection (2) does not prevent a person who is, or has been, a person to whom this section applies from making a record of, or divulging or communicating, information with the written consent of the appropriate person.

Subsection (2) does not prevent a person from producing a record, or giving information, in evidence before a court.

Subsection (2) does not prevent a person from making a record of, or divulging or communicating, information for the purpose of an IGIS official exercising powers, or performing functions or duties, as an IGIS official.

(7) For the purposes of this section, the appropriate person is:

For the purposes of this Part, a person is to be taken to be convicted of an offence if:

For the purposes of this Part, a person is to be taken to have been convicted of an offence in a particular State or Territory if:

For the purposes of this Part, where a person is to be taken to have been convicted of an offence in a particular State or Territory because of paragraph (2)(b), the person is to be taken to have been so convicted before the Supreme Court of that State or Territory.

For the purposes of this Part, a person’s conviction of an offence is to be taken to be quashed:

A reference in this Part, in relation to a person’s conviction of an offence, to the commission of the offence is, where paragraph (1)(b) applies, a reference to the alleged commission of the offence by the person.

For the purpose of making a restraining order against the property of a person, that property is to be taken to include property in which the person has a beneficial interest.

For the purpose of making a restraining order against the property of a person who is a defendant within the meaning of Division 3A, that property is to be taken to include: