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