16Transfers to Investigation Division

#### 16 Transfers to Investigation Division (1) The Commissioner shall, in transferring Federal police officers to the Investigation Division, and in transferring Federal police officers from that Division to another part of the Australian Federal Police, ensure that there are, at all times, not less than 2 Federal police officers serving in the Division and that, as far as practicable, the Federal police officers serving in the Division are adequate for the effective performance of the functions of the Division. (2) The Commissioner shall, in selecting a Federal police officer for transfer to the Investigation Division take into account, in addition to any other matters that he or she considers to be relevant: (a) the nature of the functions of the Division; and (b) the need to ensure that, at all times, there are included among the Federal police officers serving in the Division a Federal police officer with experience in criminal investigations and a Federal police officer with experience in general police duties. (3) Subject to subsection (4), the Commissioner may direct a Federal police officer serving in the Investigation Division to perform duties that are not related to the Division’s functions so long as those duties do not unduly interfere with the performance by the Division of its functions. (4) Subject to subsection (5), the Commissioner must not direct a Federal police officer serving in the Investigation Division to investigate an offence alleged to have been committed by a person other than an AFP appointee. (5) A Federal police officer may investigate an offence alleged to have been committed by a person other than an AFP appointee to the extent that such an investigation is necessary to investigate an offence alleged to have been committed by an AFP appointee.