Document ID: chunk:federal_register_of_legislation:C2004A00601:clause:1_40d
Version: federal_register_of_legislation:C2004A00601
Segment Type: clause
Provision Reference: sch 1 cl 40D
Character Range: 34533–35832

40D  Commissioned police officers

Commission by Governor‑General

 (1) The Governor‑General may, by commission, declare a member to be a commissioned police officer.

 (2) Before the Governor‑General makes a declaration under subsection (1), the Minister must have received a recommendation from the Commissioner that the member be declared to be a commissioned police officer.

 (3) The Commissioner may make such a recommendation only if he or she is satisfied that the member is, in accordance with the regulations, competent and qualified to be a commissioned police officer.

Commission by Commissioner or Deputy Commissioner

 (4) If the Governor‑General, in writing, authorises the Commissioner or a Deputy Commissioner to make declarations of the kind mentioned in subsection (1), the Commissioner or Deputy Commissioner may, by commission, declare a member to be a commissioned police officer.

 (5) The Commissioner or Deputy Commissioner may make a declaration under subsection (4) only if he or she is satisfied that the member is, in accordance with the regulations, competent and qualified to be a commissioned police officer.

 (6) The giving of an authorisation under subsection (4) does not limit the Governor‑General's power under subsection (1).

Division 3—Special members