SCHEDULE 3 - Savings and transitional

Section 99

1.    Interpretation

In this Schedule –

commencement day means the day on which this Act commences;

repealed Act means the Police Regulation Act 1898 .

2.    Commissioner

A person who, immediately before the commencement day, was the Commissioner of Police appointed under the repealed Act is, on that day, the Commissioner of Police under this Act subject to the same terms and conditions specified in the instrument of appointment.

3.    Deputy Commissioner

A person who, immediately before the commencement day, was the Deputy-Commissioner under the repealed Act is, on that day, the Deputy Commissioner under this Act subject to the same terms and conditions specified in the instrument of appointment.

4.    Assistant Commissioners

A person who, immediately before the commencement day, was an Assistant Commissioner under the repealed Act is, on that day, an Assistant Commissioner under this Act subject to the same terms and conditions specified in the instrument of appointment.

5.    Superintendents

A person who, immediately before the commencement day, was a superintendent under the repealed Act is, on that day, a police officer with the rank of commander under this Act subject to the same terms and conditions specified in the instrument of appointment.

6.    Inspectors

A person who, immediately before the commencement day, was an inspector under the repealed Act is, on that day, a police officer with the rank of inspector under this Act and remains subject to the terms and conditions of the Police Award.

7.    Sergeants

A person who, immediately before the commencement day, was a sergeant under the repealed Act is, on that day, a police officer with the rank of sergeant under this Act and –

(a) if under an instrument of appointment, is subject to the same terms and conditions specified in that instrument; or

(b) if not under an instrument of appointment, remains subject to the terms and conditions of the Police Award.

8.    Constables

A person who, immediately before the commencement day was a constable under the repealed Act is, on that day, a police officer with the rank of constable under this Act and –

(a) if under an instrument of appointment, is subject to the same terms and conditions specified in that instrument; or

(b) if not under an instrument of appointment, remains subject to the terms and conditions of the Police Award.

9.    Special constables

A person who, immediately before the commencement day, was a special constable under the repealed Act is, on that day, an ancillary constable under this Act.

10.    Cadets

A person who, immediately before the commencement day, was a cadet under the repealed Act is, on that day, a trainee under this Act.

11.    Oaths

(1) A person who, immediately before the commencement day, was a police officer (other than a special constable) and took the oath set out in Form 1 of Schedule 2 to the repealed Act is, on that day, taken to have taken the oath set out in Part 3 of Schedule 1 to this Act.

(2) A person who, immediately before the commencement day, was a special constable and took the oath set out in Form 2 of Schedule 2 to the repealed Act is, on that day, taken to have taken the oath set out in Part 5 of Schedule 1 to this Act.

12.    Proceedings

Any proceedings instituted but not determined under the repealed Act before the commencement day may, on and after that day, be determined under the repealed Act.

13.    Appeals

An appeal made but not determined under the repealed Act before the commencement day may, on and after that day, be determined under the repealed Act as if that Act had not been repealed.

14.    Suspensions

A suspension imposed under the repealed Act that has not expired before the commencement day continues, on that day, until it is revoked by the Commissioner.

15.    References to police force

Any reference in any document to the police force, police force of Tasmania, Tasmania police force, Tasmania Police or the Police Service is, on and after the commencement day, to be read as a reference to the Police Service.