South Australian Current Acts

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POLICE ACT 1998 - SCHEDULE 2

Schedule 2—Transitional provisions

2—Transitional provisions

        (1)         Subject to this clause, a person holding a position or employed under the repealed Act immediately before the commencement of this Act continues, subject to this Act, in the position or employment as if appointed under the corresponding provision of this Act.

        (2)         For the purposes of subclause (1), a police aide is to be taken to continue as a community constable.

        (3)         Sections 16, 17 and 18 do not apply to the holder of a position of Assistant Commissioner appointed to the position before the commencement of the Police (Contract Appointments) Amendment Act 1996 (19 December 1996) and instead the provisions of this Act relating to conditions of appointment, performance standards and termination of appointment (including subclause (4)) apply to the holder of such a position in the same way as to an officer below the rank of Assistant Commissioner.

        (4)         The provisions of Part 4 relating to performance standards apply to an officer below the rank of Assistant Commissioner appointed to his or her position before the commencement of this Act as well as to a person appointed to a position as an officer after that commencement.

        (5)         General and special orders given by the Commissioner and in force under the repealed Act immediately before the commencement of this Act continue in force subject to this Act as if given under Part 2 of this Act.

        (6)         A direction, determination, limitation, delegation or decision of any kind given, imposed or made by the Commissioner and in force under the repealed Act immediately before the commencement of this Act continues in force subject to this Act as if given, imposed or made under the corresponding provision of this Act.

        (7)         A reference in another Act or in an instrument (whether of a legislative nature or not) to a police aide is to be read as a reference to a community constable.

        (8)         The Acts Interpretation Act 1915 applies, except to the extent of any inconsistency with the provisions of this Schedule, to the repeal effected by this Schedule.

        (9)         In this clause—

repealed Act means the Police Act 1952 repealed by this Schedule.



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