Commonwealth Numbered Acts

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT 28

28. (1) Section 28 of the Principal Act is repealed and the following section
is substituted: Undertakings and oaths or affirmations

''28. (1) A Deputy Commissioner appointed under section 17, or a person
appointed under paragraph 25 (1) (a) or 26 (1) (a) or section 27, shall,
immediately after his appointment, enter into an undertaking, in accordance
with the prescribed form, relating to the performance of his duties.

''(2) A person appointed under Division 1 shall, before commencing to perform
his duties, make and subscribe, before a person authorized by the Minister,
such oath or affirmation as is prescribed.

''(3) A person appointed under paragraph 25 (1) (a) to be a commissioned
officer in a component or appointed under paragraph 26 (1) (a) to be a
non-commissioned officer in a component shall, in accordance with the
regulations, make and subscribe, before a person authorized by the Minister,
such oath or affirmation as is prescribed in relation to that component.

''(4) Subject to sub-section (6), where a person who is a commissioned officer
in a component is promoted under paragraph 25 (1) (b) or transferred under
paragraph 25 (1) (c) to a commissioned rank in the other component, he shall,
in accordance with the regulations, make and subscribe, before a person
authorized by the Commissioner, such oath or affirmation as is prescribed in
relation to that other component.

''(5) Subject to sub-section (6), where a person who is a non-commissioned
officer in a component is promoted under paragraph 26 (1) (b) or transferred
under paragraph 26 (1) (c) to a non-commissioned rank in the other component,
he shall, in accordance with the regulations, make and subscribe, before a
person authorized by the Commissioner, such oath or affirmation as is
prescribed in relation to that other component.

''(6) A person promoted or transferred to a rank in a component as mentioned
in sub-section (4) or (5) is not required to make and subscribe an oath or
affirmation as mentioned in that sub-section if-

   (a)  at any time before his promotion or transfer, he held a rank in that
        component; and

   (b)  he has been a member at all times since he last ceased to hold a rank
        in that component.

''(7) A person appointed under section 27 to assist in the performance of the
functions of a component shall, in accordance with the regulations, make and
subscribe, before a person authorized by the Commissioner, such oath or
affirmation as is prescribed in relation to that component.

''(8) In this section, 'appoint' does not include promote or transfer.''.

(2) Where, at any time before the commencement of this section, a person was
appointed, promoted or transferred under the Australian Federal Police Act
1979 , that appointment, promotion or transfer shall not be taken to have
been, or to be, invalid, and shall not be called into question, by reason of a
failure by that person to enter into an undertaking, or to make or subscribe
an oath or affirmation, as required by section 28 of the Australian Federal
Police Act 1979 as in force, or as amended and in force, at any time before
the commencement of this section.

(3) The validity of anything done by a person in the performance of his duties
as a member of the Australian Federal Police shall not be called into question
by reason of a failure by that person to enter into an undertaking, or to make
or subscribe an oath or affirmation, as required by section 28 of the
Australian Federal Police Act 1979 as in force, or as amended and in force, at
any time before the commencement of this section.