The Police Association is backing the Government’s Serious Fraud Office (SFO) Amendment Bill, saying the law needs to catch up with the reality of modern fraud, which is increasingly digital, complex and often crosses international borders.

For Police Association members, the key issue isn’t the relationship between Police and the SFO – it’s what the changes mean for officers on the ground who may be called on to support major fraud investigations.

A feature of the Bill is its proposal to align SFO powers with the Search and Surveillance Act 2012. The association says this will provide greater operational certainty for police assisting the SFO by making it clear that officers retain their existing police powers during joint operations. 

According to the submission, officers will be able to rely on legal frameworks they already use every day, reducing confusion about which law applies during a search or investigation. That means less second-guessing on the job, quicker decisions and fewer opportunities for investigations to be challenged later.

It also supports new powers allowing SFO investigators to better access and secure digital and cloud-based evidence, apply for search warrants orally in urgent circumstances and manage search sites without interference. 

Fraud is now largely committed in digital environments and often involves cross-border criminal networks, making modern investigative powers essential. Delays in obtaining evidence can result in failed prosecutions and wasted investigative effort, something stretched police resources can ill afford, the association says. 

The Bill also features a new approach to the admissibility of evidence that the association supports. It proposes replacing stricter exclusionary measures with a balancing test similar to that used under the Evidence Act 2006. Under the framework, courts would consider factors such as the reliability of evidence, the seriousness of the offending and the circumstances in which the evidence was obtained. 

The association believes it will make it less likely that otherwise solid cases fall over because of minor mistakes or technicalities.

However, officers will still need to exercise sound judgment and be able to justify their decisions, the association says. The submission notes that judicial oversight remains an important safeguard and that evidence obtained in a way that undermines the justice system can still be excluded. 

While backing the Bill, the association cautions that legislative change alone will not be enough. New powers are only part of the answer. Officers still need the right training, technology and support if they’re expected to tackle increasingly sophisticated fraud offenders.

The submission also raises concerns about police capacity, describing an “elephant in the room” tension between expectations for increased specialist support and existing frontline demands.

The Justice Select Committee’s report on the Bill is due on August 30, 2026.