Document ID: chunk:federal_register_of_legislation:C2004A00601:clause:3_2:p1
Version: federal_register_of_legislation:C2004A00601
Segment Type: clause
Provision Reference: sch 3 cl 2 (pt 1/2)
Character Range: 85974–88515

2  Conversion of former members and staff members etc.

Former commissioned police officer

(1) At the commencing time, a former commissioned police officer is taken:
 (a) to be engaged as an AFP employee under section 24 of the later Act; and
 (b) to be declared to be a member of the Australian Federal Police under section 40B of the later Act; and
 (c) to be declared to be a commissioned police officer under section 40D of the later Act.

Former non‑commissioned police officer

(2) At the commencing time, a former non‑commissioned police officer is taken:
 (a) to be engaged as an AFP employee under section 24 of the later Act; and
 (b) to be declared to be a member of the Australian Federal Police under section 40B of the later Act.

Former staff member

(3) At the commencing time, a person who is a former staff member is taken:
 (a) to be engaged as an AFP employee under section 24 of the later Act; and
 (b) if, immediately before the commencing time, a declaration under section 12E of the former Act was in force in relation to the person—to be declared to be a designated technical officer under section 12E of the later Act.

Former special member

(4) At the commencing time, a person who is a former special member is taken to be appointed as a special member under section 40E of the later Act. For this purpose, an instrument of appointment under section 40E of the later Act is taken to be made at the commencing time:
 (a) if the instrument appointing the person under section 27 of the former Act specified the term of the person's appointment—specifying that the person is appointed for a period equal to the unexpired part of the term of his or her appointment under the former Act; and
 (b) specifying the same other terms and conditions as were specified in the person's instrument of appointment under section 27 of the former Act; and
 (c) specifying that the person has, during the continuance of his or her appointment, the same powers and duties conferred or imposed on members as were specified in his or her instrument of appointment under section 27 of the former Act.

Former temporary employee

(5) At the commencing time, a person who is a former temporary employee is taken to be engaged as an AFP employee under section 24 of the later Act for a period equal to the unexpired part of his or her period of employment. For this purpose, a determination under subsection 27(1) of the later Act is taken to be made at the commencing time specifying the same terms and conditions as were determined in