Supplementary Explanatory Memorandum
(Circulated by authority of the Minister for Justice and Customs, Senator the Honourable Chris Ellison)Outline, financial impact and notes on clauses
Outline
The Australian Federal Police and Other Legislation Amendment Bill 2004 completes the integration of the Australian Protective Service into the Australian Federal Police and enables the Australian Federal Police to access Commonwealth investigative powers when investigating State offences that have a federal aspect.
The proposed amendment will omit from the Bill an amendment made in the Senate.
Financial impact
The amendments in this Bill have no financial impact on Government revenue.
Notes on clauses
The proposed amendment will omit item 27A from the Bill.
Subsection 22(1) of the Australian Federal Police Act 1979 provides for the termination of appointment of the Commissioner or a Deputy Commissioner for "misbehaviour or physical or mental incapacity".
Item 27A inserted new subsection 22(1A) to clarify that an expression of an honestly held opinion by the Commissioner or a Deputy Commissioner of the Australian Federal Police does not constitute misbehaviour for the purposes of subsection 22(1) if the Commissioner or Deputy Commissioner believes it is in the public interest to communicate that opinion.
Proposed subsection 22(1A) would create a statutory exemption to the grounds for termination for misbehaviour based on the purely subjective belief of the person expressing the opinion.