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AUSTRALIAN FEDERAL POLICE AND OTHER LEGISLATION AMENDMENT ACT 2004 No. 64, 2004 - SECT 4

Transitional and application
(1)
Each APS transferee is taken to have been engaged, at the transfer time, under section 24 of the Australian Federal Police Act 1979 .

(2)
Each transferred PSO is taken to have been declared, at the transfer time, to be a protective service officer under section 40EA of the amended AFP Act.

(3)
Paragraph 36(4A)(a) of the amended AFP Act (about entering an undertaking) does not apply to a transferred PSO.

(4)
Each transferred PSO who has made and subscribed an oath or affirmation under section 10 of the Australian Protective Service Act 1987 is taken to have satisfied the requirement under paragraph 36(4A)(b) of the amended AFP Act.

(5)
In this section:

"AFP employee "has the same meaning as in the Australian Federal Police Act 1979 .

"amended AFP Act "means the Australian Federal Police Act 1979 as amended by Schedule 1 to this Act.

"APS transferee" means a person who, immediately before the transfer time, was an employee assisting the Commissioner of the Australian Federal Police under subsection 5(2) of the Australian Protective Service Act 1987 .

"transferred PSO" means an APS transferee who, immediately before the transfer time, was a protective service officer within the meaning of the Australian Protective Service Act 1987 .

"transfer time "means the time specified by the Public Service Commissioner in a determination under paragraph 72(1)(b) of the Public Service Act 1999 as the time at which the APS transferees become employees of the Australian Federal Police.



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