16Commissioner may appoint or promote members

16 Commissioner may appoint or promote members (1) Subject to this Act, the Commissioner may do any of the following: (a) appoint a person eligible for appointment to the Police Force to be a member with the rank of Constable; (ab) appoint a person who previously retired from the Police Force under section 22, and who is eligible for appointment to the Police Force, to be a member with a rank that is not above the rank last held by the person before their retirement; (ac) in the circumstances mentioned in section 17, appoint a person who was previously a member, other than a member who retired under section 22, and who is eligible for appointment to the Police Force, to be a member with a rank that is above the rank of Constable; (b) promote a member, being a member who is qualified for promotion, to the rank next above the rank which that member held on the day immediately preceding the day on which the promotion was made. (2) An appointment or promotion by the Commissioner under subsection (1) shall not be made so as to appoint a person or promote a member to the rank of Commissioner, Deputy Commissioner or Assistant Commissioner. (3) The Commissioner may promote a qualified member to a relevant rank if the Commissioner is satisfied there is no other member holding a rank next below the relevant rank: (a) who is qualified for promotion to the relevant rank; and Police Administration Act 1978 15 (b) who has superior merit for the promotion. (4) In subsection (3): qualified member means a member who is qualified for promotion to a relevant rank. relevant rank, in relation to a qualified member, means a rank that is 2 ranks above the rank the member holds on the day immediately preceding the day of promotion to the relevant rank.