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Deputy Commissioners Of Police

(1) The Governor-General may appoint 1 or more fit and proper persons to be Deputy Commissioners of Police for a term of not more than 2 [alternatives: 3 and 5] years

(2) The Commissioner of Police must forward a recommendation for appointment to the Governor-General

[Alternative: The State Services Commissioner is responsible for managing the appointment process, and must forward nominations for appointment to the Minister and the Prime Minister]

(3) The Prime Minister must forward a recommendation for appointment to the Governor-General.

(4) A Deputy Commissioner holds office during the pleasure of the Commissioner

[Alternative: A Deputy Commissioner holds office during the pleasure of the Commissioner]

(5) The Governor-General may from time to time reappoint a Deputy Commissioner for a further term of not more than 3 years, without first notifying the impending vacancy or examining other applicants

(6) For the avoidance of doubt, any person who holds the office of constable when appointed or reappointed as a Deputy Commissioner continues to hold that office following his or her appointment or reappointment, until such time as it may be legally discharged

(7) A Deputy Commissioner has and may exercise any of the powers, authorities, duties, and functions of the Commissioner that the Commissioner may delegate to that Deputy Commissioner either generally or in any particular case

(8) A delegation under subsection (7) is revocable at will, and no delegation under that subsection prevents the exercise of any powers by the Commissioner

(9) With approval of the Parliament, the Governor-General in Council may appoint a Deputy Commissioner of Police to act —

(a) In place of, or for, the Commissioner during the absence from office of the Commissioner or if the Commissioner is incapacitated in a way that affects the performance of his or her duties; or
(b) During a vacancy in the office of Commissioner.

(10) During any period between a vacancy in the office of Commissioner or the Commissioner becoming unable to perform his or her duties, and appointment of an acting Commissioner by the Governor-General, the Deputy Commissioner chosen by the Governer-General according to qualification and experience shall act as interim acting Commissioner

[Alternative: the longest-serving Deputy Commissioner shall act as interim acting Commissioner]

(11) The fact that a Deputy Commissioner exercises any power, authority, duty, or function under this section is, in the absence of proof to the contrary, sufficient evidence of his or her authority to do so.

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Page last modified on 02 October 2007 at 13:30 PM

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