1 Definitions

(a)

a law of the Commonwealth (other than the Australian Federal Police Act 1979 ); or

(b)

a law of a Territory; or

(c)

a certified agreement; or

(d)

an instrument having effect under a law covered by paragraph (a) or (b).

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 relation to the person under subsection 39A(2) of the former Act.

Former consultant

(6) At the commencing time, a person who is a former consultant is taken to be engaged as a consultant under section 35 of the later Act:

(a)

if the terms and conditions of the person's engagement under section 39B of the former Act specified the period of the person's engagement—for a period equal to the unexpired part of the period of his or her engagement under the former Act; and

(b)

on the same other terms and conditions as were determined in relation to the person under subsection 39B(2) of the former Act.

Later Act applies in same way

(7) Except where this Part expressly provides otherwise:

(a)

the later Act applies to a person who is taken, under this item, to be appointed or engaged under the later Act in the same way as it applies to persons actually appointed or engaged under the later Act; and

(b)

the later Act applies to a person who is taken, under this item, to be declared under the later Act to be a member of the Australian Federal Police, a commissioned police officer or a designated technical officer in the same way as it applies to persons actually declared under the later Act to be members of the Australian Federal Police, commissioned police officers or designated technical officers; and

(c)

the later Act applies to an instrument of appointment, or a determination, that is taken, under this item, to be made under the later Act in the same way as it applies to instruments of appointment, or determinations, actually made under the later Act.

3 Classification as senior executive AFP employee

(1) At the commencing time, a former senior executive commissioned police officer or a former senior executive officer is taken to be declared to be a senior executive AFP employee under section 25 of the later Act.
(2) The later Act applies to a person who is taken, under this item, to be declared to be a senior executive AFP employee under the later Act in the same way as it applies to persons actually declared to be senior executive AFP employees under the later Act

4 Appointment of Commissioner or Deputy Commissioner not affected

5 Continuation of secondments

Persons seconded from the AFP

(1) An arrangement in force under section 33 of the former Act immediately before the commencing time continues to be in force after the commencing time as if it had been entered into under section 40F of the later Act. In relation to a person covered by the arrangement, 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 relation to the person under subsection 33(5) of the former Act.
(2) The later Act applies to a determination that is taken, under this item, to be made under the later Act in the same way as it applies to a determination actually made under subsection 27(1) of the later Act.

Persons seconded to the AFP

(3) An agreement in force under section 39C of the former Act immediately before the commencing time continues to be in force after the commencing time as if it had been entered into under section 69D of the later Act.

6 Determinations under subsection 30(1) of the former Act

(1) At the commencing time, the Commissioner is taken to make a determination (a continued determination ) under subsection 27(1) of the later Act containing the terms of each determination under subsection 30(1) of the former Act that is in force immediately before the commencing time.
(2) The later Act applies to a continued determination in the same way as it applies to a determination actually made under subsection 27(1) of the later Act.
(3) Unless it is sooner revoked, a continued determination (including any amendments made by the Commissioner under subsection 27(1) of the later Act) ceases to be in force 1 year after the commencing time.

7 Continuation of awards or certified agreements

(1) To avoid doubt, an award or a certified agreement that is in force immediately before the commencing time in relation to members or staff members of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979 as in force at that time) does not cease to be in force at and after the commencing time because of the amendments made by Schedule 1 to this Act.

Note: At and after the commencing time, any reference to a staff member of the Australian Federal Police in such an award or a certified agreement will be taken to be a reference to an AFP employee who is not a member: see item 18 of this Schedule.

(2) If, immediately before the commencing time, a provision of such an award or a certified agreement applied to a member of the Australian Federal Police at a particular rank, or to a staff member of the Australian Federal Police at a particular level, the provision continues to apply to the person at and after the commencing time until the earlier of the following days:

(a)

the day the person ceases to be an AFP employee;

(b)

the day the award or certified agreement, as the case may be, ceases to be in force.

Note: A person who is a member or a staff member of the Australian Federal Police immediately before the commencing time is taken to be engaged as an AFP employee: see item 2 of this Schedule.

8 Determinations under subsection 30(2) of the former Act

(1) A determination under subsection 30(2) of the former Act that is in force immediately before the commencing time continues to be in force at and after that time.
(2) The Commissioner may at any time after the commencing time, by writing, amend, vary or revoke a determination continued in force under subitem (1).
(3) Any such amendment, variation or revocation (the alteration ) does not affect any entitlement under the determination that arose before the alteration or that, disregarding the alteration, arises after the alteration in respect of:

(a)

any service of fixed term appointments (including parts of fixed term appointments) to the extent that the service took place before the commencing time; or

(b)

any employment as an AFP employee that took place after the commencing time and before the alteration takes affect.

9 Misconduct

10 Certificates under subsection 12A(4) of the Australian Federal Police Act 1979

11 Repeal of subsection 20(2B) of the Australian Federal Police Act 1979 does not limit subsection 33(3) of the Acts Interpretation Act 1901

Note: Subsection 33(3) of the Acts Interpretation Act 1901 has the effect that any instrument can be amended, varied or revoked etc. unless a contrary intention appears.

12 Repeal of section 39E of the Australian Federal Police Act 1979 has no effect on the Superannuation Acts

13 Continuation of section 49 of the Australian Federal Police Act 1979

14 Continuation of section 51 of the Australian Federal Police Act 1979

15 Continuation of section 52 of the Australian Federal Police Act 1979

16 Continuation of secrecy obligations

17 Certificates under section 68 of the Australian Federal Police Act 1979

18 References in statutory instruments to "staff member"

19 Regulations

(1) The Governor-General may make regulations prescribing matters necessary or convenient to be prescribed for carrying out or giving effect to this Part.
(2) The following subitems do not, by implication, limit subitem (1).
(3) Regulations may be made:

(a)

in relation to the continuation of the processes relating to appointment, re-instatement, transfer, promotion, advancement, resignation, retirement or discipline under the former Act, and their effects under the later Act; and

(b)

in relation to the continuation under the later Act of suspensions that were in force under the former Act immediately before the commencing time; and

(c)

in relation to:

(i)

the review of decisions made under the former Act before the commencing time; and

(ii)

the effects, under the later Act, of those reviews; and

(iii)

the powers available to a person or body conducting such a review.

(4) Regulations made under subitem (3) prevail over the former Act and the later Act, to the extent of any inconsistency.
(5) Regulations made under this item within one year after the commencement of this item may commence on a day earlier than the day on which they are made, but not earlier than the commencement of this item.