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Police Service Act 2003 (No. 75 of 2003)
|Requested: 25 Aug 2016|
|Consolidated as at: 21 Feb 2012|
36. Oaths and affirmations
(1) A person appointed as a special constable must take the oath specified in Part 1 of Schedule 1 or make the affirmation specified in Part 2 of Schedule 1 before acting as a special constable.
(2) A person appointed, seconded or transferred to the Police Service as a police officer must take the oath specified in Part 3 of Schedule 1 or make the affirmation specified in Part 4 of Schedule 1 before acting as a police officer.
(3) A person appointed as an ancillary constable must take the oath specified in Part 5 of Schedule 1 or make the affirmation specified in Part 6 of Schedule 1 before acting as an ancillary constable.
(4) A person who is appointed as a police officer or a special constable and takes the appropriate oath or makes the appropriate affirmation in Part 1, 2, 3 or 4 of Schedule 1 is taken to have entered into an agreement to serve in the Police Service at any rank the person may hold until his or her appointment as a police officer or special constable is terminated or ceases.
(5) An agreement referred to in subsection (4) is not void for want of consideration or reciprocity.
(6) An oath or affirmation under this section is to be administered by
(a) the Commissioner; or
(b) a commissioned police officer other than the Commissioner; or
(c) a justice of this State or of another State or a Territory.
(7) However, a person referred to in subsection (6)(b) or (c) is not to administer an oath or affirmation under this section without the Commissioner's written approval if the person taking the oath or making the affirmation has been appointed to the Police Service from
(a) a police force or police service of a foreign country or another State or a Territory or the Commonwealth; or
(b) any other body or organisation outside Tasmania.
(8) For the avoidance of doubt, an oath or affirmation administered by a justice or commissioned police officer under this section before the commencement of the Police Service Amendment Act 2007 is taken to have been validly administered, and taken or made.