Document ID: chunk:federal_register_of_legislation:C2004A04103:body:0:p4
Version: federal_register_of_legislation:C2004A04103
Segment Type: other
Provision Reference: 
Character Range: 8163–11063

of absence to a Deputy Commissioner on such terms and conditions as to remuneration or otherwise as the Commissioner determines.".

Termination of appointment

10. Section 22 of the Principal Act is amended by omitting from paragraph (2) (b) "by the Minister" and substituting "under section 21".

11. After section 26b of the Principal Act the following section is inserted:

Members may be directed to perform certain staff member functions etc.

"26ba. The Commissioner may, at any time, in writing signed by the Commissioner, direct a member who is a commissioned police officer or a non-commissioned police officer to perform the specified functions and duties of a staff member during the period specified in the direction, or until the direction is revoked.".

Term of appointments

12. Section 26d of the Principal Act is amended by omitting subsection (4) and substituting the following subsection:

  "(4) Where:

  (a) a person's appointment ends under section 26e; and

     (b) the person is re-appointed for a term starting immediately after the end of that appointment;

the person's service is taken to be continuous.".

Undertakings and oaths or affirmations

  13. Section 28 of the Principal Act is amended:

     (a) by omitting from subsection (2) "under Division 1" and substituting "as the Commissioner";

  (b) by inserting after subsection (2) the following subsection:

     "(2a) A person appointed as a Deputy Commissioner must, before starting to perform his or her duties, take or make the prescribed oath or affirmation before the Commissioner.";

     (c) by omitting from subsection (3) "a person authorized by the Minister" and substituting "the Commissioner or a person authorised by the Commissioner".

Special leave of absence

14. Section 34 of the Principal Act is amended by omitting from subsection (2) "Minister" and substituting "Commissioner".

15. After section 35 of the Principal Act the following section is inserted:

Transfers

"35a. Where a person is transferred, the person's appointment does not end, but is, on and after the day when the transfer takes effect, taken to be an appointment to the position within the rank, or at the level, to which the person is transferred.".

Promotion

16. Section 36 of the Principal Act is amended by inserting in subsection (3) "does not end, but" after "person's appointment".

Review by Merit Protection and Review Agency of non-appellable promotion decisions

17. Section 36b of the Principal Act is amended by omitting subsections (8) and (8a) and substituting the following subsections:

  "(8) Where a person's promotion is cancelled:

     (a) the person must, for all purposes, be treated as having held the position to which he or she was promoted during the period beginning when the promotion took effect and ending when it was cancelled; and

     (b) on the cancellation, the Commissioner must