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AUSTRALIAN FEDERAL POLICE ACT 1979 - SECT 68

Proof of appointment, status of member etc.

Deputy Commissioner

  (1)   The Commissioner may, by writing signed by the Commissioner, certify that a specified person has been appointed as a Deputy Commissioner under subsection   17(1) and may also certify all or any of the following in relation to the person:

  (a)   that he or she entered into the undertaking mentioned in subsection   36(2) immediately after his or her appointment;

  (b)   that, on a specified date, he or she made and subscribed the oath or affirmation mentioned in the certificate before the Commissioner;

  (c)   that he or she is, on the date on which the certificate is signed, a Deputy Commissioner and has been such a Deputy Commissioner continuously since he or she was so appointed.

AFP employees who are members

  (2)   The Commissioner may, by writing signed by the Commissioner, certify that a specified person has been declared to be a member under section   40B and may also certify all or any of the following in relation to the person:

  (a)   that he or she entered into the undertaking mentioned in subsection   36(3) immediately after the declaration under section   40B;

  (b)   that, on a specified date, he or she made and subscribed the oath or affirmation mentioned in the certificate before the Commissioner or a specified person authorised by the Commissioner for the purposes of subsection   36(3);

  (c)   that he or she is, on the date on which the certificate is signed, a member and has been such a member continuously since the declaration under section   40B;

  (d)   that a declaration is in force, or was in force on a specified date or during a specified period, under subsection   5(3) or 9(2A) or (2B) in relation to the member (declarations about rank).

Special members

  (3)   The Commissioner may, by writing signed by the Commissioner, certify that a specified person has been appointed as a special member under section   40E and may also certify all or any of the following in relation to the person:

  (a)   that he or she entered into the undertaking mentioned in subsection   36(4) immediately after his or her appointment;

  (b)   that, on a specified date, he or she made and subscribed the oath or affirmation mentioned in the certificate before the Commissioner or a specified person authorised by the Commissioner for the purposes of subsection   36(4);

  (c)   that he or she is, on the date on which the certificate is signed, a special member and has been such a special member continuously since he or she was so appointed.

Certification that a person is or is not a member or special member

  (4)   The Commissioner may, by writing signed by the Commissioner, certify that a specified person:

  (a)   is, or is not, a member or special member; or

  (b)   was, or was not, on a specified day, or during a specified period, a member or special member.

AFP employees who are protective service officers

  (4A)   The Commissioner may, by writing signed by the Commissioner, certify that a specified person has been declared to be a protective service officer under section   40EA and may also certify all or any of the following in relation to the person:

  (a)   that he or she entered into the undertaking mentioned in subsection   36(4A) immediately after the declaration under section   40EA;

  (b)   that, on a specified date, he or she made and subscribed the oath or affirmation mentioned in the certificate before the Commissioner or a specified person authorised by the Commissioner for the purposes of subsection   36(4A);

  (c)   that he or she is, on the date on which the certificate is signed, a protective service officer and has been such a protective service officer continuously since the declaration under section   40EA.

Special protective service officers

  (4B)   The Commissioner may, by writing signed by the Commissioner, certify that a specified person has been appointed as a special protective service officer under section   40EC and may also certify all or any of the following in relation to the person:

  (a)   that he or she entered into the undertaking mentioned in subsection   36(4B) immediately after his or her appointment;

  (b)   that, on a specified date, he or she made and subscribed the oath or affirmation mentioned in the certificate before the Commissioner or a specified person authorised by the Commissioner for the purposes of subsection   36(4B);

  (c)   that he or she is, on the date on which the certificate is signed, a special member and has been such a special member continuously since he or she was so appointed.

Certification that a person is or is not a protective service officer or special protective service officer

  (4C)   The Commissioner may, by writing signed by the Commissioner, certify that a specified person:

  (a)   is, or is not, a protective service officer or a special protective service officer; or

  (b)   was, or was not, on a specified day, or during a specified period, a protective service officer or a special protective service officer.

Conclusive evidence of certificate under this section

  (5)   A document purporting to be a certificate given under this section is, unless the contrary is established, to be presumed to have been duly given and be conclusive evidence of the matters stated in the certificate.



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