The Commissioner may, by writing, declare an AFP employee (other than a protective service officer) to be a member of the Australian Federal Police if the Commissioner is satisfied that the employee meets the requirements specified in a determination under section 40C.
Note 1: A person who is currently a protective service officer may be declared to be a member if the person ceases to be a protective service officer.
Note 2: This section does not prevent a protective service officer from being appointed as a special member.