Commonwealth: Australian Federal Police Act 1979 (Cth)

Australian Federal Police Act 1979 No. 58, 1979 Compilation No. 65 Compilation date: 1 July 2023 Includes amendments up to: Act No. 89, 2022 Registered: 13 July 2023 About this compilation This compilation This is a compilation of the Australian Federal Police Act 1979 that shows the text of the law as amended and in force on 1 July 2023 (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. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments 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. 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. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 I—Preliminary 1 Short title 2 Commencement 3 Repeal 3A Overview of Act 4 Interpretation 4AA State offences that have a federal aspect 4A Commissioner may specify prohibited drugs 5 References in other laws 5A Application and extension of Act and regulations 5B Application of the Criminal Code Part II—Constitution, functions and powers of the Australian Federal Police Division 1—Constitution, functions and laws conferring powers on members etc. 6 Constitution of the Australian Federal Police 8 Functions 8A Minister may direct which functions are protective service functions 9 Laws conferring powers on members 10 Appointment of members to other Police Forces 11 State and Territory writs and warrants 12 Immunities from certain State and Territory laws 12A Immunity from State and Territory laws in relation to entry etc. of police dogs on premises etc. Division 3—Powers and duties of protective service officers 14A Powers of arrest 14B Use of force in making arrest etc. 14C Arrested person to be informed of grounds of arrest 14D Search of arrested person 14E How arrested person to be dealt with 14F Release of arrested person 14G Relationship of Division to other laws Division 4—Powers and duties of members, special members and protective service officers relating to protective service functions 14H Definitions 14I Requirement to provide name etc. 14J Stopping and searching 14K Seizure of things found 14L How seized things must be dealt with 14M Application to magistrate 14N Relationship of Division to other laws Part III—Commissioner, Deputy Commissioners and AFP employees etc. Division 1—Commissioner and Deputy Commissioners 17 Commissioner and Deputy Commissioners 18 Acting Commissioner and Deputy Commissioner during vacancy 19 Absence etc. of Commissioner or Deputy Commissioner 20 Remuneration and allowances 21 Leave of absence 22 Termination of appointment Division 2—AFP employees Subdivision A—Engagement of AFP employees etc. 23 Employer powers etc. of Commissioner 24 Engagement of AFP employees 25 Senior executive AFP employees 26 Continuous employment Subdivision B—Remuneration and other terms and conditions 27 Remuneration and other conditions Subdivision C—Termination of employment 28 Termination of employment by Commissioner Subdivision D—Resignation and retirement 30 Resignation 30A Resignation in anticipation of termination of employment 31 Retirement upon reaching minimum retiring age 32 Retirement on invalidity grounds 33 Time when retirement on invalidity grounds takes effect 34 Voluntary retirement for the purposes of the Superannuation Act Division 3—Consultants and independent contractors 35 Commissioner may engage consultants or independent contractors Division 3A—Payments in special circumstances 35A Payments in special circumstances Division 4—Undertakings and oaths or affirmations 36 Undertakings and oaths or affirmations Part IV—Commissioner's command powers etc. Division 1—Administration and control etc. 37 General administration and control 38 Commissioner's Orders 39 Compliance with Commissioner's Orders 40 Compliance with specific directions, instructions or orders 40A Self‑incrimination Division 2—Conferral of status of member and conferral of commissions 40B AFP employees who are members of the Australian Federal Police 40C Determination of competency or qualification requirements 40D Commissioned police officers Division 3—Special members 40E Special members Division 3A—Conferral of status of protective service officer 40EA AFP employees who are protective service officers 40EB Determination of competency or qualification requirements Division 3B—Special protective service officers 40EC Special protective service officers 40ED Powers and duties of special protective service officers Division 4—Secondment 40F Secondment of AFP employees to other police forces etc. 40G Effect of secondment on status as AFP employee etc. Division 5—Assignment and suspension of duties etc. 40H Assignment of duties etc. 40J Suspension from duties etc. Division 6—Declarations of serious misconduct 40K Termination of employment for serious misconduct Division 7—Submission of financial statements 40L Financial statements Division 8—Drug testing 40LA Authorised managers may require AFP appointees to undergo alcohol screening tests etc. 40M Prescribed persons may require AFP appointees to undergo alcohol screening tests, alcohol breath tests or prohibited drug tests etc. 40N Alcohol screening tests, alcohol breath tests and prohibited drug tests after certain incidents 40P Regulations 40PA Managers who may require alcohol screening tests 40Q Admissibility of test results etc. in legal proceedings 40R Approval of screening devices Part V—Professional standards and AFP conduct and practices issues Division 1—Preliminary Subdivision A—Objects and simplified outline of Part 40RA Object of this Part 40RB Simplified outline of this Part Subdivision B—Professional standards for AFP appointees 40RC Commissioner may determine professional standards Subdivision C—Unit within Australian Federal Police to undertake professional standards functions 40RD Unit to be constituted 40RE Head of unit 40RF Assignment of members, and special members, to unit 40RG Member or special member in unit may be directed to perform other duties Subdivision D—AFP conduct issues and AFP practices issues 40RH AFP conduct issues 40RI AFP practices issues 40RJ Exclusion of certain employment action Subdivision E—Categories of AFP conduct issues and managers 40RK Categories of conduct 40RL Categories of AFP conduct issues 40RM AFP Commissioner and Ombudsman to determine the kinds of conduct that are to be category 1, category 2 or category 3 conduct 40RN Category 1 conduct 40RO Category 2 conduct 40RP Category 3 conduct 40RQ Managers for particular categories of AFP conduct issues Division 2—Raising AFP conduct and practices issues with the AFP for action under Division 3 40SA Giving information that raises an AFP conduct or practices issue 40SB Arrangements for person in custody to give information 40SC Recording and dealing with information given under section 40SA 40SD Commissioner may decide that AFP conduct issue should be dealt with under this Part 40SE Recording and dealing with information referred under section 40SD Division 3—Dealing with AFP conduct or practices issues Subdivision A—Preliminary 40TA Commissioner's orders about how AFP conduct or practices issues are dealt with 40TB Dealing with related AFP conduct issues that have different categories 40TC Training and development action 40TD Remedial action 40TE Termination action Subdivision B—Discretion to take no further action in relation to issue 40TF Discretion to take no further action in relation to AFP conduct or practices issue Subdivision C—Dealing with category 1 and category 2 conduct issues 40TG When Subdivision applies 40TH How issue is dealt with 40TI Action that may be taken in relation to category 1 conduct 40TJ Action that may be taken in relation to category 2 conduct 40TK AFP practices issue identified in course of dealing with AFP conduct issue Subdivision D—Dealing with category 3 conduct issues and corruption issues 40TL When Subdivision applies 40TM Head of unit constituted under section 40RD to notify Ombudsman of category 3 conduct issues 40TN Head of unit constituted under section 40RD generally allocates issues for investigation 40TO Commissioner must allocate issue to someone outside unit constituted under section 40RD in certain circumstances 40TP Persons eligible to have category 3 conduct issue or corruption issue allocated to them 40TQ How category 3 conduct issue or corruption issue is dealt with 40TR Recommendations that may be made in relation to category 3 conduct or corrupt conduct 40TS Investigative powers 40TU Report of investigation 40TV Taking action on report 40TW AFP practices issue identified in course of dealing with AFP conduct issue Subdivision E—Dealing with AFP practices issues 40TX Commissioner to ensure that appropriate action is taken in relation to AFP practices issue Division 4—Ministerially directed inquiries 40UA Minister may arrange special inquiries 40UB Minister to inform certain persons and bodies of inquiry 40UC Division 3 investigation may be suspended pending outcome of inquiry 40UD Reports of special inquiries Division 5—Investigative powers 40VA Application of Division 40VB Manner of conducting investigation or inquiry 40VC Obtaining information and making inquiries 40VD Relationship with other laws 40VE Directions to AFP appointee 40VF Entering and searching AFP premises 40VG Special powers if investigator conducting inquiry under Division 4 40VH Offences Division 6—Record keeping 40WA Record keeping 40WB Records about corruption issues Division 7—Ombudsman review 40XA Annual reviews by Ombudsman 40XB Ad hoc reviews by Ombudsman 40XC Commissioner to provide information and access to documents 40XD Annual reports by Ombudsman Division 8—Offences 40YA Victimisation 40YB Providing false information about AFP conduct or practices issues 40YC AFP appointees to provide name, etc. Division 9—Secrecy 40ZA Secrecy Part VA—Loss of certain superannuation rights and benefits Division 1—Introductory 41 Definitions 41A Old law members or staff members 42 Related offences 42A Abscond 42B Charge with offence 42C Conviction and quashing of conviction 42D Property of a person 42E Dealing with property 42F Effective control of property 42G Sufficient consideration 42H Application of Part to convictions and offences 42J Crown bound Division 2—Loss of superannuation: corruption offences 43 Notice of charge etc. 44 Authority to apply for superannuation order 45 Application for superannuation order 45A Application for superannuation order: evidence 46 Superannuation orders 46A When does a superannuation order take effect? 47 Effect of superannuation order 47A Superannuation orders: variation 47B Superannuation orders: revocation Division 3A—Restraining orders 49A Application for restraining order 49B Making of restraining orders 49C Restraining order may be subject to conditions 49D Affidavit of police officer needed in certain cases 49E Notice of application for restraining order 49EA Extension of certain restraining orders 49F Persons who may appear and adduce evidence 49G Witnesses not required to answer questions etc. in certain cases 49H Notice of restraining orders 49J Ancillary orders 49K Charge on property subject to restraining order 49L Registration of restraining orders 49M Contravention of restraining orders 49N Restraining orders: revocation 49P When do restraining orders cease to have effect? 49Q Extension of period of effect of restraining orders 49R Notice of applications Division 4—Miscellaneous 51 Person ceases to be an AFP employee: persons charged with corruption offences 53A Court may lift corporate veil etc. 54 Amounts payable under section 46, 47, 47B or 51 54A Multiple payments in respect of same employee contributions not allowed 55 Possible superannuation order not to be taken into account in sentencing 56 Constitution of appropriate courts Part VI—Miscellaneous 60A Secrecy 61 Awards for bravery etc. 62 Dishonestly representing conferral of police awards 63 Personation etc. of member or special member 63A Personation etc. of protective service officer or special protective service officer 63B Possession of documents etc. 64 Assault etc. 64A Members in uniform to wear identification numbers 64AAA Protective service officers in uniform to wear identification numbers 64AA Suspended AFP employees who are members 64AAB Suspended AFP employees who are protective service officers 64B Liability for wrongful acts of members 66 Protection of persons in respect of work reports 67 Annual reports 68 Proof of appointment, status of member etc. 68A Certificates in relation to transferred PSOs 69 Prohibition of patronage and favouritism 69A Persons engaged overseas as employees 69B Limited operation of Fair Work Act 69C Delegation 69D Secondment of persons to assist the Australian Federal Police 69E Commissioner may charge for certain protective services 70 Regulations Part VII—Transitional 71 Interpretation of Part VII 75 Recognition of previous service for certain purposes 77 Accrued leave 80 Powers and duties in relation to Commonwealth places Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to establish the Australian Federal Police, and for related purposes Part I—Preliminary 1 Short title This Act may be cited as the Australian Federal Police Act 1979. 2 Commencement (1) Sections 1, 2, 4 and 6, Division 1 of Part IV and sections 28 and 70 shall come into operation on the day on which this Act receives the Royal Assent. (2) The remaining provisions of this Act shall come into operation on a date to be fixed by Proclamation. 3 Repeal The Commonwealth Police Act 1957 is repealed. 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, special members and special protective service officers. 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. Protective service officers of the Australian Federal Police (5A) Under Division 3A of Part IV, the Commissioner may declare AFP employees to be protective service officers. Divisions 3 and 4 of Part II deal with the powers of protective service officers. Special protective service officers of the Australian Federal Police (5B) Under Division 3B of Part IV, the Commissioner may appoint persons as special protective service officers to assist in performing protective service 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. Professional standards and dealing with AFP conduct or practices issues (6A) Part V provides for the setting of AFP professional standards and the way in which AFP conduct or practices issues are raised and dealt with. 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 (aa) deals with the powers of protective service officers and certain other powers relating to protective service functions (see Divisions 3 and 4 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). 4 Interpretation (1) In this Act, unless the contrary intention appears: adjustment payment means a payment made in accordance with a determination that is continued in force by item 8 of Part 1 of Schedule 3 to the Australian Federal Police Legislation Amendment Act 2000 (including a payment made in accordance with such a determination as amended or varied in accordance with that item). AFP appointee means: (a) a Deputy Commissioner; or (b) an AFP employee; or (c) a special member; or (d) a special protective service officer; or (e) a person engaged overseas under section 69A to perform duties overseas as an employee of the Australian Federal Police; or (f) a person who is: (i) engaged under section 35 as a consultant, or independent contractor, to perform services for the Australian Federal Police; and (ii) a consultant, or independent contractor, determined by the Commissioner under subsection 35(2) to be an AFP appointee for the purposes of this paragraph; or (g) a person who is assisting the Australian Federal Police in the performance of its functions under an agreement under section 69D. AFP conduct issue has the meaning given by sections 40RH and 40RJ. AFP conduct or practices issue means: (a) an AFP conduct issue; or (b) an AFP practices issue. AFP employee means a person engaged under section 24. AFP practices issue has the meaning given by section 40RI and 40RJ. AFP professional standards means professional standards determined under Commissioner's orders made for the purposes of section 40RC. alcohol screening test in relation to a person, means a test of sample of the breath of the person carried out by means of an approved screening device. approved screening device means a device of a type that is approved by the Minister under section 40R. authority of a State or Territory means: (a) a body, whether incorporated or unincorporated, established for a public purpose by or under a law of that State or Territory, other than a body that, under the regulations, is not to be taken to be an authority of that State or Territory for the purposes of this Act; or (b) any other body declared by the regulations to be an authority of that State or Territory for the purposes of this Act, being: (i) a body, whether incorporated or unincorporated, established by the Governor, or a Minister of the Crown, of that State or, in the case of the Northern Territory, a Minister; or (ii) an incorporated company in which that State or Territory, or a body corporate falling within paragraph (a) or subparagraph (i), has a controlling interest. authority of the Commonwealth means: (a) a body, whether incorporated or unincorporated, established for a public purpose by or under a law of the Commonwealth, other than a body that, under the regulations, is not to be taken to be an authority of the Commonwealth for the purposes of this Act; or (b) any other body declared by the regulations to be an authority of the Commonwealth for the purposes of this Act, being: (i) a body, whether incorporated or unincorporated, established by the Governor‑General or by a Minister; or (ii) an incorporated company in which the Commonwealth or a body corporate falling within paragraph (a) or subparagraph (i) of this paragraph has a controlling interest. blood test means a test of a person's blood to determine the amount of alcohol (if any) in the person's blood. body sample means any of the following: (a) any human biological fluid; (b) any human biological tissue (whether alive or otherwise); (c) any human breath. breath test means a test of a person's breath to determine the amount of alcohol (if any) in the person's blood. category 1 conduct has the meaning given by section 40RN. category 1 conduct issue has the meaning given by subsection 40RL(1). category 2 conduct has the meaning given by section 40RO. category 2 conduct issue has the meaning given by subsection 40RL(2). category 3 conduct has the meaning given by section 40RP. category 3 conduct issue has the meaning given by subsection 40RL(3). commissioned police officer means any member in respect of whom a declaration under section 40D is in force. Commissioner means the Commissioner of Police referred to in section 6. Commissioner's Orders means orders under section 38. complainant has the meaning given by subsection 40SA(3). corrupt conduct has the same meaning as in the National Anti‑Corruption Commission Act 2022. corruption issue has the same meaning as in the National Anti‑Corruption Commission Act 2022. CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011. Deputy Commissioner means a Deputy Commissioner of Police referred to in section 6. duties includes responsibilities. eligible employee has the same meaning as in the Superannuation Act 1976. federal aspect, in relation to an offence against a law of a State or of the Australian Capital Territory, has the meaning given by subsection 4AA(1). Note: This subsection defines State to include the Northern Territory. Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013. frisk search means: (a) a search of a person conducted by quickly running the hands over the person's outer garments; and (b) an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person. give information that raises an AFP conduct or practices issue has a meaning affected by subsection (3). IGIS official means: (a) the Inspector‑General of Intelligence and Security; or (b) any other person covered by subsection 32(1) of the Inspector‑General of Intelligence and Security Act 1986. intelligence or security agency means an authority or person responsible for intelligence gathering for, or the security of, a country or a part of a country. international organisation includes: (a) a public international organisation within the meaning of section 70.1 of the Criminal Code; and (b) a body (including an international judicial body): (i) established by or under an international agreement or international arrangement or otherwise under international law; or (ii) established by a body described in subparagraph (i); or (iii) on which functions are conferred by or under an international agreement. investigator for a category 3 conduct issue, or a corruption issue, means the person to whom the issue is allocated for investigation under section 40TN or 40TO. law enforcement agency means an authority or person responsible for the enforcement of laws. manager for a category 1 conduct issue, or category 2 conduct issue, means the person to whom the issue is allocated in accordance with Commissioner's orders issued for the purposes of subsection 40TA(1). member means a member of the Australian Federal Police. member of the Australian Federal Police means any of the following: (a) the Commissioner of Police; (b) a Deputy Commissioner of Police; (c) an AFP employee in respect of whom a declaration under section 40B is in force. member of the unit constituted under section 40RD means: (a) the AFP appointee appointed as the head of that unit under section 40RE; and (b) any member, or special member, of the Australian Federal Police assigned to that unit under section 40RF. National Anti‑Corruption Commissioner means the Commissioner within the meaning of the National Anti‑Corruption Commission Act 2022. ordinary search means a search of a person or of articles in the possession of a person that may include: (a) requiring the person to remove his or her overcoat, coat or jacket and any gloves, shoes and hat; and (b) an examination of those items. overseas means outside Australia and the Territories. pensioner means: (a) a person to whom an invalidity pension within the meaning of the Superannuation Act is payable; (b) a person to whom a pension is payable under the Superannuation Act 1922 and who has been retired on the ground of invalidity or of physical or mental incapacity to perform his or her duties; or (c) a person to whom a pension referred to in paragraph (a) or (b) would be payable if payment had not been suspended. police services includes services by way of the prevention of crime and the protection of persons from injury or death, and property from damage, whether arising from criminal acts or otherwise. police support services means services related to: (a) the provision of police services by an Australian or foreign law enforcement agency; or (b) the provision of services by an Australian or foreign intelligence or security agency; or (c) the provision of services by an Australian or foreign regulatory agency. powers includes authorities, rights, privileges and immunities. practices or procedures of the Australian Federal Police has the meaning given by subsection 40RI(3). prohibited drug means: (a) a narcotic substance (within the meaning of the Customs Act 1901); or (b) any drug specified in a determination under section 4A. prohibited drug test means a test of a body sample of a person to determine the presence (if any) of a prohibited drug in the sample. protective service functions means the functions designated by the Minister under section 8A. protective service offence means any of the following: (a) an offence in relation to a person, place or thing in respect of which the Australian Federal Police is performing protective service functions, being an offence under: (i) subsection 3UU(1) or section 46, 47, 47A, 89 or 89A of the Crimes Act 1914; or (ii) the Crimes (Internationally Protected Persons) Act 1976 or Part 2 of the Crimes (Aviation) Act 1991; or (iia) Division 82 of the Criminal Code (sabotage); or (iib) Division 91 of the Criminal Code (espionage); or (iic) Part 5.6 of the Criminal Code (secrecy); or (iid) section 132.8A of the Criminal Code (damaging Commonwealth property); or (iii) the Defence (Special Undertakings) Act 1952 (other than subsection 31(2)); or (iiia) an offence against section 71V, 71W or 72P of the Defence Act 1903; or (iv) the Public Order (Protection of Persons and Property) Act 1971 (other than section 11); or (v) the Nuclear Non‑Proliferation (Safeguards) Act 1987 (other than section 25A, 27 or 28A, subsection 29(2), 29A(1), 30(1), 40(1), 58(2) or 65(1) or section 66); or (va) the Aviation Transport Security Act 2004 or regulations made under that Act; (b) an offence against section 6 of the Crimes Act 1914, or section 11.1 or 11.4 of the Criminal Code, that relates to an offence mentioned in paragraph (a); (c) an offence against Subdivision A of Division 72 of the Criminal Code that relates to a person, place or thing in respect of which the Australian Federal Police is performing protective service functions; (d) an offence against Division 101 of the Criminal Code that relates to a person, place or thing in respect of which the Australian Federal Police is performing protective service functions; (e) an offence in relation to a person, place or thing in respect of which the Australian Federal Police is performing protective service functions, being an offence against section 131.1, 141.1, 142.1, 147.1, 148.1 or 149.1 of the Criminal Code. protective service officer means an AFP employee in respect of whom a declaration under section 40EA is in force. regulatory agency means an authority or person who performs regulatory functions for a country or part of a country. remedial action has the meaning given by section 40TD. resign means resign from the Australian Federal Police. retire means retire from the Australian Federal Police. senior executive AFP employee means an AFP employee in respect of whom a declaration under section 25 is in force. serious misconduct has the meaning given by section 40K. special member means a person appointed under section 40E. special protective service officer means a person appointed under section 40EC. State includes the Northern Territory. Superannuation Act means the Superannuation Act 1976 or the Superannuation Act 1990. termination action has the meaning given by section 40TE. training and development action has the meaning given by section 40TC. (2) A reference in this Act to an officer of police shall be read as including a reference to a police officer, or to any member of a police force, however described. (3) A reference in Part V to giving information that raises an AFP conduct or practices issue includes a reference to making a complaint or report that raises an AFP conduct or practices issue. 4AA State offences that have a federal aspect Object (1A) The object of this section is to identify State offences that have a federal aspect because: (a) they potentially fall within Commonwealth legislative power because of the elements of the State offence; or (b) they potentially fall within Commonwealth legislative power because of the circumstances in which the State offence was committed (whether or not those circumstances are expressed to be acts or omissions involved in committing the offence); or (c) the Australian Federal Police investigating them is incidental to the Australian Federal Police investigating an offence against a law of the Commonwealth or a Territory. State offences that have a federal aspect (1) For the purposes of this Act, a State offence has a federal aspect if, and only if: (a) both: (i) the State offence is not an ancillary offence; and (ii) assuming that the provision creating the State offence had been enacted by the Parliament of the Commonwealth instead of by the Parliament of the State—the provision would have been a valid law of the Commonwealth; or (b) both: (i) the State offence is an ancillary offence that relates to a particular primary offence; and (ii) assuming that the provision creating the primary offence had been enacted by the Parliament of the Commonwealth instead of by the Parliament of the State—the provision would have been a valid law of the Commonwealth; or (c) assuming that the Parliament of the Commonwealth had enacted a provision that created an offence penalising the specific acts or omissions involved in committing the State offence—that provision would have been a valid law of the Commonwealth; or (d) both: (i) the Australian Federal Police is investigating an offence against a law of the Commonwealth or a Territory; and (ii) if the Australian Federal Police is investigating, or were to investigate, the State offence—that investigation is, or would be, incidental to the investigation mentioned in subparagraph (i). Specificity of acts or omissions (2) For the purposes of paragraph (1)(c), the specificity of the acts or omissions involved in committing a State offence is to be determined having regard to the circumstances in which the offence was committed (whether or not those circumstances are expressed to be elements of the offence). State offences covered by paragraph (1)(c) (3) A State offence is taken to be covered by paragraph (1)(c) if the conduct constituting the State offence: (a) affects the interests of: (i) the Commonwealth; or (ii) an authority of the Commonwealth; or (iii) a constitutional corporation; or (b) was engaged in by a constitutional corporation; or (c) was engaged in in a Commonwealth place; or (d) involved the use of a postal service or other like service; or (e) involved an electronic communication; or (f) involved trade or commerce: (i) between Australia and places outside Australia; or (ii) among the States; or (iii) within a Territory, between a State and a Territory or between 2 Territories; or (g) involved: (i) banking (other than State banking not extending beyond the limits of the State concerned); or (ii) insurance (other than State insurance not extending beyond the limits of the State concerned); or (h) relates to a matter outside Australia; or (i) relates to a matter in respect of which an international agreement to which Australia is a party imposes obligations to which effect could be given by the creation of an offence against the domestic laws of the parties to the agreement; or (j) relates to a matter that affects the relations between Australia and another country or countries or is otherwise a subject of international concern. (4) Subsection (3) does not limit paragraph (1)(c). Definitions (5) In this section: ancillary offence, in relation to an offence (the primary offence), means: (a) an offence of conspiring to commit the primary offence; or (b) an offence of aiding, abetting, counselling or procuring, or being in any way knowingly concerned in, the commission of the primary offence; or (c) an offence of attempting to commit the primary offence. authority of the Commonwealth has the same meaning as in section 3AA of the Crimes Act 1914. Commonwealth place has the same meaning as in the Commonwealth Places (Application of Laws) Act 1970. conduct has the same meaning as in the Criminal Code. constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies. electronic communication means a communication of information: (a) whether in the form of text; or (b) whether in the form of data; or (c) whether in the form of speech, music or other sounds; or (d) whether in the form of visual images (animated or otherwise); or (e) whether in any other form; or (f) whether in any combination of forms; by means of guided and/or unguided electromagnetic energy. engage in conduct has the same meaning as in the Criminal Code. State includes the Australian Capital Territory and the Northern Territory. State offence means an offence against a law of a State. 4A Commissioner may specify prohibited drugs The Commissioner may, by written determination, specify drugs for the purposes of the definition of prohibited drug in section 4. 5 References in other laws (1) In a law of the Commonwealth or of the Australian Capital Territory: (a) a reference to a Commonwealth Police Officer shall be read as a reference to a member of the Australian Federal Police; (b) a reference to the Commonwealth Police Force shall be read as a reference to the Australian Federal Police; (c) a reference to the Police Force of that Territory shall be read as a reference to the Australian Federal Police; (d) a reference to an officer of police of that Territory shall be read as a reference to a member of the Australian Federal Police; and (e) a reference to the Commissioner of Police of that Territory, however described, shall be read as a reference to the Commissioner. (1A) Where a reference in a law of the Commonwealth that does not specify the Australian Capital Territory is, in effect, a reference to, or a reference that includes, that Territory, that reference shall, for the purposes of subsection (1), be taken to be a reference to that Territory. (2) If: (a) a provision of a law is, by virtue of subsection (1), to be read as referring to a member of the Australian Federal Police holding a particular rank; and (b) a declaration is in force under subsection (3) that a member is of that rank for the purposes of this paragraph; the provision of the law is to be read as referring to the member to whom the declaration applies. (3) The Commissioner may, by writing, declare that a member is of a particular rank for the purposes of paragraph (2)(b). 5A Application and extension of Act and regulations (1) This Act and the regulations apply throughout the whole of Australia and also outside Australia. (2) This Act and the regulations extend to the external Territories. 5B Application of the Criminal Code Chapter 2 of the Criminal Code applies to all offences against this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Part II—Constitution, functions and powers of the Australian Federal Police Division 1—Constitution, functions and laws conferring powers on members etc. 6 Constitution of the Australian Federal Police (1) The Australian Federal Police consists of: (a) the Commissioner of Police; and (b) any Deputy Commissioner of Police; and (c) AFP employees; and (d) special members; and (e) special protective service officers. (2) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013): (a) the Australian Federal Police is a listed entity; and (b) the Commissioner of Police is the accountable authority of the Australian Federal Police; and (c) the persons referred to in subsection (1) are officials of the Australian Federal Police; and (d) the purposes of the Australian Federal Police include the functions of the Australian Federal Police referred to in section 8. 8 Functions (1) The functions of the Australian Federal Police are: (a) subject to subsection (1A), the provision of police services in relation to the Australian Capital Territory; and (aa) the provision of police services in relation to the Jervis Bay Territory; and (b) the provision of police services in relation to: (i) laws of the Commonwealth; (ii) property of the Commonwealth (including Commonwealth places) and property of authorities of the Commonwealth; and (iii) the safeguarding of Commonwealth interests; and (baa) the investigation of State offences that have a federal aspect; and (ba) the provision of services in accordance with arrangements entered into under subsection (1C) and doing anything else included in the arrangements that is incidental or conducive to the provision of the services; and (bb) to perform the functions conferred by the Witness Protection Act 1994; and (bc) to perform the functions conferred by a law of a State or Territory that is a complementary witness protection law for the purposes of the Witness Protection Act 1994; and (bd) to perform functions under the Proceeds of Crime Act 2002; and (be) to perform such protective and custodial functions as the Minister directs by notice in writing in the Gazette, being functions that relate to a person, matter or thing with respect to which the Parliament has legislative power; and (bf) the provision of police services and police support services for the purposes of assisting, or cooperating with, an Australian or foreign: (i) law enforcement agency; or (ii) intelligence or security agency; or (iii) government regulatory agency; and (bg) the provision of police services and police support services in relation to establishing, developing and monitoring peace, stability and security in foreign countries; and (bh) to assist or cooperate with: (i) an international organisation; or (ii) a non‑governmental organisation, in relation to acts, omissions, matters or things outside Australia; in relation to the provision of police services or police support services; and (c) to do anything incidental or conducive to the performance of the foregoing functions. Note: For State offences that have a federal aspect, see section 4AA. (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 section 3 of the 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. (1B) The Minister shall try to enter into the first such arrangement before 1 July 1990. (1C) The Minister may enter into an arrangement with: (a) the Minister administering the Department that deals with the administration of an external Territory; or (b) the Administrator (if any) of an external Territory; for the provision of police services and regulatory services for that Territory. (1D) 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. (2B) 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. (3) In this section: Commonwealth place has the same meaning as in the Commonwealth Places (Application of Laws) Act 1970. 8A Minister may direct which functions are protective service functions The Minister may, by notice published in the Gazette, direct that certain protective and custodial functions of the Australian Federal Police are protective service functions. 9 Laws conferring powers on members (1) In addition to any other powers and duties, a member has: (a) the powers and duties that are conferred or imposed by or under a law of the Commonwealth on: (i) a constable; or (ii) a constable of a particular rank, if a declaration under subsection (2A) is in force that the member is of that rank for the purposes of this subparagraph; and (b) when performing functions in the Australian Capital Territory—the powers and duties conferred or imposed on a constable or on an officer of police by or under any law (including the common law) of the Territory; and (ba) when performing functions in the Jervis Bay Territory—the powers and duties conferred or imposed on a constable or an officer of police by or under any law (including the common law) of the Territory; and (bb) when performing functions in an External Territory—the powers and duties conferred or imposed on a constable or an officer of police by or under any law (including the common law) of the Territory; and (bc) when performing functions in the Northern Territory: (i) the powers and duties conferred or imposed on a constable or an officer of police by or under any law (including the common law) of the Territory; and (ii) any powers and duties conferred on the member by virtue of his or her appointment as a Special Constable of the Police Force of the Northern Territory by or under a law of the Territory; and (c) in relation to the following: (i) the laws of the Commonwealth; (ii) matters in connection with property of the Commonwealth or of an authority of the Commonwealth; (iii) matters arising on or in connection with land or premises owned or occupied by the Commonwealth or an authority of the Commonwealth; (iv) the safeguarding of Commonwealth interests; (iva) the investigation of State offences that have a federal aspect; the powers and duties that are conferred or imposed, in the place in which the member is acting, on: (v) a constable or an officer of police; or (vi) a constable, or an officer of police, of a particular rank, if a declaration under subsection (2B) is in force that the member is of that rank for the purposes of this subparagraph. (2) 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: (a) any reference in those provisions to a constable or to an officer of police included a reference to a member; and (b) if a declaration is in force under subsection (2B) that a member is of a particular rank for the purposes of this paragraph—any reference in those provisions to an officer of police of that rank included a reference to the member. (2A) 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: (a) a declaration is in force under subsection (2A) that the member is of a particular rank (the Commonwealth law rank); and (b) the Commissioner considers the State law rank is equivalent to the Commonwealth law rank. (2C) 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. (3) In paragraph (1)(a): constable includes a member of the Police Force of a State or Territory. 10 Appointment of members to other Police Forces Nothing in this Act is intended to prevent a member or special member from being appointed (including at a particular rank) as: (a) a member, however described, of the police force of a State or Territory; or (b) a special constable, however described, of the police force of a State or Territory; or (c) a member, however described, of a police force or other law enforcement agency of a foreign country. 11 State and Territory writs and warrants Where a writ or warrant is issued under the law of a State or Territory in relation to an offence or other matter under a law of the Commonwealth or of a Territory, the writ or warrant may be executed by a member, notwithstanding that it is not addressed to a member and notwithstanding any requirement of the law of the State or Territory as to the person by whom it may be executed. 12 Immunities from certain State and Territory laws The Commissioner, a Deputy Commissioner or an AFP employee is not required under, or by reason of, a law of a State or Territory: (a) to obtain or have a licence or permission for doing any act or thing in the exercise of his or her powers or the performance of his or her duties as the Commissioner, a Deputy Commissioner or an AFP employee; or (b) to register any vehicle, vessel, animal or article belonging to the Commonwealth. 12A Immunity from State and Territory laws in relation to entry etc. of police dogs on premises etc. (1) 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. (2) 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. (3) 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: (a) the AFP dog is under the control of an AFP dog handler; (b) the AFP dog handler is performing the AFP dog handler's duties as a member or protective service officer; and (c) the AFP dog handler is entitled to enter, or to be on or in, the premises or place. (4) In any proceeding, a certificate in writing signed by the Commissioner certifying that: (a) a specified member or specified protective service officer is, or was at a specified time, an AFP dog handler within the meaning of this section; or (b) a specified dog is, or was at a specified time, an AFP dog within the meaning of this section; is prima facie evidence of the fact or facts certified. Division 3—Powers and duties of protective service officers 14A Powers of arrest A protective service officer may, without warrant, arrest a person for a protective service offence if the protective service officer believes on reasonable grounds that: (a) the person has just committed, or is committing, the offence; and (b) the arrest of the person is necessary for the purpose of: (i) ensuring the appearance of the person before a court of competent jurisdiction for the offence; or (ii) preventing the continuation of, or a repetition of, the offence or the commission of a further protective service offence; or (iii) preventing the concealment, loss or destruction of evidence of, or relating to, the offence; or (iv) preserving the safety or welfare of the person; and (c) proceedings by way of summons against the person for the offence would not achieve such a purpose. 14B Use of force in making arrest etc. (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, 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. (2) 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. 14C Arrested person to be informed of grounds of arrest (1) 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. (2) 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. (3) 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. (4) 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. 14D Search of arrested person (1) A protective service officer may, upon lawfully arresting a person for an offence: (a) conduct an ordinary search or a frisk search of the person; and (b) search the clothing that the person is wearing and any vessel, vehicle or other property under the person's immediate control if the officer believes on reasonable grounds that it is necessary to do so; for the purpose of: (c) ascertaining whether there is concealed on the person, in the clothing or in the property, a weapon or other thing capable of being used to inflict bodily injury or to assist the person to escape from custody; or (d) preventing the concealment, loss or destruction of evidence of, or relating to, the offence. (2) 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: (a) if a protective service officer, a member or a special member of the same sex as the arrested person is reasonably available to conduct the search—that protective service officer, member or special member; or (b) if paragraph (a) does not apply but a police officer or an officer of Customs (within the meaning of subsection 4(1) of the Customs Act 1901) who is of the same sex as the arrested person is reasonably available to conduct the search—that police officer or officer of Customs; or (c) otherwise—any other person who is of the same sex as the arrested person and who is requested by the protective service officer to conduct the search. (3) 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). (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. (5) A protective service officer or other person who lawfully conducts a search under this section may seize: (a) any weapon or thing mentioned in paragraph (1)(a); or (b) anything that the officer or other person has reasonable grounds to believe is a thing: (i) with respect to which an offence has been committed; or (ii) that will afford evidence of the commission of an offence; or (iii) that was used, or intended to be used, for the purpose of committing an offence. 14E How arrested person to be dealt with (1) 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. (2) 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. (3) In this section: police officer means: (a) a member or special member; or (b) a member, however described, of a police force of a State or Territory; or (c) a member, however described, of a police force of a foreign country. 14F Release of arrested person Where: (a) a person has been arrested by a protective service officer for an offence; and (b) the person is in the custody of the protective service officer or another protective service officer; and (c) the protective service officer who has the custody of the person: (i) ceases to have reasonable grounds for believing that the person committed, or was committing, an offence; or (ii) ceases to have reasonable grounds for believing that the holding of the person in custody is necessary in order to achieve a purpose mentioned in paragraph 14A(b), and does not have reasonable grounds for believing that the holding of the person in custody is necessary in order to achieve any other purpose mentioned in that paragraph; or (iii) ceases to have reasonable grounds for believing that proceedings by way of summons against the person for the offence would not achieve a purpose mentioned in paragraph 14A(b), and does not have reasonable grounds for believing that proceedings by way of summons against the person for the offence would not achieve any other purpose mentioned in that paragraph; the protective service officer must release the person from custody in respect of the offence as soon as practicable. 14G Relationship of Division to other laws (1) 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. (2) 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. (4) 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. (5) 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. Division 4—Powers and duties of members, special members and protective service officers relating to protective service functions 14H Definitions In this Division: designated person means: (a) a member or special member; or (b) a protective service officer. police officer means: (a) a member or special member; or (b) a member, however described, of a police force of a State or Territory; or (c) a member, however described, of a police force of a foreign country. vehicle includes any means of transport (and, without limitation, includes a vessel and an aircraft). 14I Requirement to provide name etc. (1) If: (a) a designated person suspects on reasonable grounds that a person (the suspect) might have just committed, might be committing, or might be about to commit, a protective service offence; and (b) the suspect is in a place, or in the vicinity of a place, person or thing, in respect of which the Australian Federal Police is performing protective service functions; the designated person may request the suspect to provide to the designated person: (c) the suspect's name; and (d) the suspect's residential address; and (e) the suspect's reason for being in the place, or in the vicinity of the place, person or thing, in respect of which the Australian Federal Police is performing protective service functions; and (f) evidence of the suspect's identity. (2) If a designated person: (a) makes a request under subsection (1); and (b) informs the suspect of the designated person's authority to make the request; and (c) informs the suspect that it may be an offence not to comply with the request; the suspect must not: (d) fail to comply with the request; or (e) give a name or address that is false in a material particular. Penalty: 20 penalty units. Note: A more serious offence of obstructing a Commonwealth public official may also apply (see section 149.1 of the Criminal Code). (3) Subsection (2) does not apply if the suspect has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code). 14J Stopping and searching When this section applies (1) This section applies if a designated person suspects on reasonable grounds that: (a) a person (the suspect): (i) has a thing under the suspect's immediate control; or (ii) is occupying a thing; or (iii) has a thing in a vehicle operated or occupied by the suspect; or (iv) has brought a thing onto premises at which the Australian Federal Police is performing protective service functions; and (b) the thing is likely to cause, or is likely to be used by the suspect or another to cause: (i) substantial damage to a place or a thing in respect of which the Australian Federal Police is performing protective service functions; or (ii) death or serious harm to a person in respect of whom the Australian Federal Police is performing protective service functions; in circumstances that would be likely to involve the commission of a protective service offence. Designated person may stop and search suspect (2) The designated person may: (a) stop and detain the suspect for the purpose of searching for the thing; and (b) do any or all of the following for the purpose of searching for the thing: (i) if the designated person is of the same sex as the suspect—conduct an ordinary search or a frisk search of the suspect; (ii) search any thing under the suspect's immediate control; (iii) search any vehicle operated or occupied by the suspect. Conditions relating to conduct of search of suspect (3) 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: (a) if another designated person of the same sex as the suspect is reasonably available to conduct the search—that designated person; or (b) if paragraph (a) does not apply but a police officer or an officer of Customs (within the meaning of subsection 4(1) of the Customs Act 1901) who is of the same sex as the suspect is reasonably available to conduct the search—that police officer or officer of Customs; or (c) otherwise—any other person: (i) who is of the same sex as the suspect; and (ii) who is requested by the designated person to conduct the search; and (iii) who consents to conduct the search. (4) 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: (a) if the search requested is an ordinary search—the meaning of an ordinary search; and (b) if the search requested is a frisk search—the meaning of a frisk search; and (c) that the officer of Customs or the other person must not use more force, or subject a suspect to greater indignity, than is reasonable and necessary in order to conduct the search. (5) 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). (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. (7) 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 (8) 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 A