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POLICE REGULATION AMENDMENT ACT 2012 (NO. 77 OF 2012) - SECT 22

New section 135 inserted

After section 134 of the Principal Act insert

        "     135     Transitional provisions for Police Regulation Amendment Act 2012

    (1)     Division 4 of Part IV as in force immediately before the commencement of section 14 of the amending Act continues to apply to any inquiry that was begun but not completed before that commencement.

    (2)     Division 1 of Part IVAA applies to—

        (a)     a promotion or transfer decision made on or after the commencement of section 15 of the amending Act; and

        (b)     a promotion or transfer decision made before the commencement of sections 7, 20(1)(b) and 15 of the amending Act, unless an appeal was lodged under section 8AA or 118B(4) in relation to the decision before that commencement.

    (3)     A reference in section 86AC(3) to an appeal lodged under that section includes a reference to an appeal lodged under section 8AA before the commencement of sections 7 and  15 of the amending Act.

    (4)     A reference in section 86AD(2) to an appeal lodged under that section includes a reference to an appeal lodged under section 118B(4) before the commencement of sections 15 and 20(1)(b) of the amending Act.

    (5)     Division 2 of Part IVAA applies to—

        (a)     a decision referred to in section 86AH(1) made on or after the commencement of section 15 of the amending Act; and

        (b)     a decision referred to in section 86AH(1) made before the commencement of section 15 of the amending Act, unless an application for review of the decision was made under section 91F(1) before that commencement.

    (6)     Part V, as in force immediately before the commencement of sections 7, 16 and  20 of the amending Act, continues to apply to—

        (a)     an appeal lodged under section 8AA or 118B before that commencement that had not been determined before that commencement; and

        (b)     an application for review made under section 91F before that commencement that had not been determined before that commencement; and

        (c)     a determination made on or after that commencement under section 85 (as continued in operation by subsection (1) of this section) on an inquiry that was begun but not completed before the commencement of section 14 of the amending Act.

    (7)     For the purposes of subsection (6), the Appeals Board continues to exist.

    (8)     Despite anything to the contrary in Part V, on the commencement of section 16 of the amending Act

        (a)     the person who was chairperson of the Appeals Board immediately before that commencement becomes a Deputy President of the PRS Board, as if he or she had been appointed under section 87D(1)(b)(iii), for the remainder of his or her term of appointment under section 89 and on the same terms and conditions, and is eligible for reappointment under section 87D(1);

        (b)     a person who was a deputy chairperson of the Appeals Board immediately before that commencement becomes a member of the PRS Board, as if he or she had been appointed under section 87D(1)(e), for the remainder of his or her term of appointment under section 89 and on the same terms and conditions, and is eligible for reappointment under section 87D(1).

    (9)     In this section—

"amending Act" means the Police Regulation Amendment Act 2012 ;

"Appeals Board" means the Appeals Board established by section 87 as in force immediately before the commencement of section 16 of the amending Act;

"promotion or transfer decision" means—

        (a)     the selection of a member of the force for promotion or transfer under section 8; or

        (b)     the selection of a protective services officer for promotion under section 118B.".



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