Document ID: chunk:federal_register_of_legislation:C2004A00601:clause:1_3a
Version: federal_register_of_legislation:C2004A00601
Segment Type: clause
Provision Reference: sch 1 cl 3A
Character Range: 6881–9135

3A  Overview of Act

Constitution of the Australian Federal Police

 (1) Division 1 of Part II of this Act provides that the Australian Federal Police consists of a Commissioner of Police, one or more Deputy Commissioners of Police, AFP employees and special members.

Commissioner and Deputy Commissioners

 (2) The Commissioner and Deputy Commissioners are appointed by the Governor‑General. Division 1 of Part III sets out matters dealing with such appointments.

AFP employees

 (3) The Commissioner may engage persons as AFP employees. Division 2 of Part III covers matters to do with the employment of AFP employees. For example, it deals with the remuneration and terms and conditions of employment of AFP employees, how AFP employees can resign or retire and how the Commissioner may terminate the employment of AFP employees.

Members of the Australian Federal Police

 (4) The Commissioner and any Deputy Commissioner are members of the Australian Federal Police. Under Division 2 of Part IV, the Commissioner may declare AFP employees to be members and certain members may be declared to be commissioned police officers. Under Division 1 of Part II, members provide police services and that Division also deals with powers of members.

Special members of the Australian Federal Police

 (5) Under Division 3 of Part IV, the Commissioner may appoint persons as special members to assist the Australian Federal Police in carrying out its functions.

Commissioner's command powers

 (6) The Commissioner has the general administration of, and the control of the operations of, the Australian Federal Police. Part IV is mainly about the Commissioner's command powers. For example, the Commissioner may determine the duties of AFP employees and where those duties are to be performed. Other topics covered by that Part include secondment and drug testing.

Other matters

 (7) This Act also:
 (a) deals with the use of listening devices in relation to offences (see Division 2 of Part II); and
 (b) deals with when AFP employees lose certain superannuation rights and benefits (see Part VA); and
 (c) deals with other matters such as secrecy obligations, offences and certain administrative matters (all of which are contained in Part VI).