Parliamentary Joint Committee on Law Enforcement Act 2010

No. 128, 2010

Compilation No.   4

Compilation date: 4 June 2026

Includes amendments: Act No. 75, 2025

About this compilation

This compilation

This is a compilation of the Parliamentary Joint Committee on Law Enforcement Act 2010 that shows the text of the law as amended and in force on 4 June 2026 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Self - repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary 1

1 Short title 1

2 Commencement 1

3 Definitions 1

4 Extension to external Territories 3

Part 2—Parliamentary Joint Committee on Law Enforcement 4

5 Parliamentary Joint Committee on Law Enforcement 4

6 Powers and proceedings of the Committee 5

7 Functions of the Committee 5

9 Disclosure to Committee by Commissioner of the AFP 6

10 Ombudsman to brief Committee about controlled operations 7

Part 3—Miscellaneous 8

11 Regulations 8

Endnotes 9

Endnote 1—About the endnotes 9

Endnote 2—Abbreviation key 11

Endnote 3—Legislation history 12

Endnote 4—Amendment history 13

An Act to establish a Parliamentary Joint Committee on Law Enforcement, and for related purposes

 1 Preliminary
1 Short title

This Act may be cited as the Parliamentary Joint Committee on Law Enforcement Act 2010.
2 Commencement

This Act commences on the day after this Act receives the Royal Assent.
3 Definitions

In this Act:

AFP means the Australian Federal Police.

AFP appointee has the same meaning as in the Australian Federal Police Act 1979.

AFP conduct or practices issue has the same meaning as in the Australian Federal Police Act 1979.

law enforcement agency means:

 b

the AFP; or

 c

a Police Force of a State; or

 d

any other authority or person responsible for the enforcement of the laws of the Commonwealth or of the States.

member means a member of the Committee.

sensitive information means information that, if disclosed: could prejudice: the security, defence or international relations of Australia; or relations between the Commonwealth Government and the Government of a State or between the Government of a State and the Government of another State; or would disclose: deliberations or decisions of the Cabinet, or of a Committee of the Cabinet, of the Commonwealth or of a State; or deliberations or decisions of the Australian Capital Territory Executive or of a committee of that Executive; or deliberations or advice of the Federal Executive Council or the Executive Council of a State or the Northern Territory; or could reveal, or enable a person to ascertain, the existence or identity of a confidential source of information in relation to: the enforcement of the criminal law of the Commonwealth, a State or Territory or a foreign country; or an investigation relating to misconduct or alleged misconduct by an AFP appointee; or an investigation into an AFP conduct or practices issue; or could endanger a person’s life or physical safety; or could prejudice the protection of public safety; or could prejudice the fair trial of a person or the impartial adjudication of a matter; or could prejudice the proper enforcement of the law or the operations of law enforcement agencies; or could prejudice a person’s reputation; or would disclose information the disclosure of which is prohibited (absolutely or subject to qualifications) by or under another law of the Commonwealth; or (j) would unreasonably disclose personal information (within the meaning of the Privacy Act 1988); or would unreasonably disclose confidential commercial information.

 a

could prejudice:

 i

the security, defence or international relations of Australia; or

 ii

relations between the Commonwealth Government and the Government of a State or between the Government of a State and the Government of another State; or

 b

would disclose:

 i

deliberations or decisions of the Cabinet, or of a Committee of the Cabinet, of the Commonwealth or of a State; or

 ii

deliberations or decisions of the Australian Capital Territory Executive or of a committee of that Executive; or

 iii

deliberations or advice of the Federal Executive Council or the Executive Council of a State or the Northern Territory; or

 c

could reveal, or enable a person to ascertain, the existence or identity of a confidential source of information in relation to:

 i

the enforcement of the criminal law of the Commonwealth, a State or Territory or a foreign country; or

 ii

an investigation relating to misconduct or alleged misconduct by an AFP appointee; or

 iv

an investigation into an AFP conduct or practices issue; or

 d

could endanger a person’s life or physical safety; or

 e

could prejudice the protection of public safety; or

 f

could prejudice the fair trial of a person or the impartial adjudication of a matter; or

 g

could prejudice the proper enforcement of the law or the operations of law enforcement agencies; or

 h

could prejudice a person’s reputation; or

 i

would disclose information the disclosure of which is prohibited (absolutely or subject to qualifications) by or under another law of the Commonwealth; or

 j

(j) would unreasonably disclose personal information (within the meaning of the Privacy Act 1988); or

 k

would unreasonably disclose confidential commercial information.

State includes the Australian Capital Territory and the Northern Territory.

the Committee means the Parliamentary Joint Committee on Law Enforcement for the time being constituted under this Act.
4 Extension to external Territories

This Act extends to every external Territory.
2 Parliamentary Joint Committee on Law Enforcement
5 Parliamentary Joint Committee on Law Enforcement 1

As soon as practicable after the commencement of the first session of each Parliament, a joint committee of members of the Parliament, to be known as the Parliamentary Joint Committee on Law Enforcement, is to be appointed according to the practice of the Parliament.

 2

The Committee is to consist of 10 members, namely, 5 members of the Senate appointed by the Senate, and 5 members of the House of Representatives appointed by that House.

 3

A member of the Parliament is not eligible for appointment as a member of the Committee if he or she is:

 a

a Minister; or

 b

the President of the Senate; or

 c

the Speaker of the House of Representatives.

 4

A member ceases to hold office:

 a

when the House of Representatives expires by effluxion of time or is dissolved; or

 b

if he or she becomes the holder of an office specified in any of the paragraphs of subsection (3); or

 c

if he or she ceases to be a member of the House of the Parliament by which he or she was appointed; or

 d

if he or she resigns his or her office as provided by subsection (5) or (6).

 5

A member appointed by the Senate may resign his or her office by writing signed by him or her and delivered to the President of the Senate.

 6

A member appointed by the House of Representatives may resign his or her office by writing signed by him or her and delivered to the Speaker of that House.

 7

Either House of the Parliament may appoint one of its members to fill a vacancy amongst the members of the Committee appointed by that House.
6 Powers and proceedings of the Committee

All matters relating to the powers and proceedings of the Committee are to be determined by resolution of both Houses of the Parliament.
7 Functions of the Committee 1

The Committee has the following functions:

 d

to monitor and to review the performance by the AFP of its functions;

 e

to report to both Houses of the Parliament, with such comments as it thinks fit, upon any matter appertaining to the AFP or connected with the performance of its functions to which, in the opinion of the Committee, the attention of the Parliament should be directed;

 f

to examine each annual report on the AFP and report to the Parliament on any matter appearing in, or arising out of, any such annual report;

 g

to examine trends and changes in criminal activities, practices and methods and report to both Houses of the Parliament any change which the Committee thinks desirable to the functions, structure, powers and procedures of the AFP;

 h

to inquire into any question in connection with its functions which is referred to it by either House of the Parliament, and to report to that House upon that question.

Note: For the functions of the AFP, see Australian Federal Police Act 1979.section 8 of the

2

The functions of the Committee do not include:

 c

reviewing sensitive operational information or operational methods available to the AFP; or

 d

reviewing particular operations or investigations that have been, are being or are proposed to be undertaken by the AFP; or

 e

reviewing information provided by, or by an agency of, a foreign government where that government does not consent to the disclosure of the information; or

 f

conducting inquiries into individual complaints about the activities of the AFP; or

 g

(g) monitoring, reviewing or reporting on the performance by the AFP of its functions under Criminal Code.Part 5.3 of the

3

To avoid doubt, the Committee may examine, and report to both Houses of the Parliament on, information given to it under section 8 or 9.
9 Disclosure to Committee by Commissioner of the AFP 1

Subject to subsection (2), the Commissioner of the AFP:

 a

must comply with a request by the Committee to give the Committee information in relation to an investigation that the AFP has conducted or is conducting; and

 b

must when requested by the Committee, and may at such other times as the Commissioner thinks appropriate, inform the Committee concerning the general performance of the AFP’s functions.

 2

The Commissioner of the AFP may decide not to comply with the request if the Commissioner is satisfied that:

 a

the information is sensitive information; and

 b

the public interest that would be served by giving the information to the Committee is outweighed by the prejudicial consequences that might result from giving the information to the Committee.

 3

If the Commissioner of the AFP does not give information to the Committee because of subsection (2), the Committee may refer the request to the Minister responsible for the AFP.

 4

If the Committee refers the request to the Minister responsible for the AFP, the Minister responsible for the AFP:

 a

must determine in writing whether:

 i

the information is sensitive information; and

 ii

if it is, whether the public interest that would be served by giving the information to the Committee is outweighed by the prejudicial consequences that might result from giving the information to the Committee; and

 b

must provide copies of that determination to the Commissioner of the AFP and the Committee.

 5

The Minister responsible for the AFP is not required to disclose his or her reasons for making a determination under subsection (4).

 6

A determination made by the Minister responsible for the AFP under subsection (4) is not a legislative instrument.
10 Ombudsman to brief Committee about controlled operations 1

(1) At least once in each calendar year the Ombudsman must provide a briefing to the Committee about the involvement of the AFP in controlled operations under Crimes Act 1914 during the preceding 12 months.Part IAB of the

2

For the purposes of receiving a briefing from the Ombudsman under subsection (1), the Committee must meet in private.
3 Miscellaneous
11 Regulations

The Governor-General may make regulations prescribing matters:

 a

required or permitted by this Act to be prescribed; or

 b

necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key— E ndnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history— E ndnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under Legislation Act 2003.section 15V of the

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key
ad = added or inserted orig = original
am = amended p = page(s)
amdt = amendment para = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x /sub-subparagraph(s)
ch = Chapter(s) pres = present
cl = clause(s) prev = previous
cont. = continued (prev…) = previously
def = definition(s) pt = Part(s)
Dict = Dictionary r = regulation(s)/Court rule(s)
disallowed = disallowed by Parliament reloc = relocated
div = Division(s) renum = renumbered
ed = editorial change rep = repealed
exp = expires/expired or ceases/ceased to have rs = repealed and substituted
effect s = section(s)/subsection(s)
gaz = gazette /rule(s)/subrule(s)/order(s)/suborder(s)
LA = Legislation Act 2003 sch = Schedule(s)
LIA = Legislative Instruments Act 2003 SLI = Select Legislative Instrument
(md) = misdescribed amendment can be given SR = Statutory Rules
effect sub ch = Sub-Chapter(s)
(md not incorp) = misdescribed amendment sub div = Subdivision(s)
cannot be given effect sub pt = Subpart(s)
mod = modified/modification underlining = whole or part not
No. = Number(s) commenced or to be commenced
Ord = Ordinance

Endnote 3—Legislation history
Act (Register ID) Number and year Assent Commencement Application, saving and transitional provisions
Parliamentary Joint Committee on Law Enforcement Act 2010 (C2010A00128) 128, 2010 24 Nov 2010 25 Nov 2010 (s 2)
Counter-Terrorism Legislation Amendment (Foreign Fighters) Act 2014 (C2014A00116) 116, 2014 3 Nov 2014 sch 1 (items 135A, 135B): 1 Dec 2014 (s 2(1) item 2) sch 1 (item 135B)
Australian Crime Commission Amendment (Special Operations and Special Investigations) Act 2019 (C2019A00114) 114, 2019 10 Dec 2019 sch 1 (items 57-62): 10 Dec 2019 (s 2(1) item 1) sch 1 (item 62)
Australian Crime Commission Amendment (Special Operations and Special Investigations) Act 2022 (C2022A00080) 80, 2022 9 Dec 2022 sch 1 (items 39-41): 10 Dec 2022 (s 2(1) item 1) —
Strengthening Oversight of the National Intelligence Community Act 2025 (C2025A00075) 75, 2025 4 Dec 2026 sch 1 (items 89-101), sch 5 (item 3): 4 June 2026 (s 2(1) items 2, 4) sch 5 (item 3)

Endnote 4—Amendment history
Provision affected How affected
Part 1
s 3 am No 114, 2019; No 80, 2022; No 75, 2025
Part 2
s 7 am No 116, 2014; No 114, 2019; No 80, 2022; No 75, 2025
s 8 am No 114, 2019
rep No 75, 2025
s 10 am No 75, 2025