169Oath or affirmation for recognised law enforcement officers—the Act, s 207D

169 Oath or affirmation for recognised law enforcement officers—the Act, s 207D

169 Oath or affirmation for recognised law enforcement officers—the Act, s 207D

(1) The form of the oath or affirmation a recognised law enforcement officer must take or make is—

(a) for an oath—set out in Schedule 1, section 2(1), or

(b) for an affirmation—set out in Schedule 1, section 2(2).

(2) An oath may be administered, or an affirmation may be made, in New South Wales or elsewhere.

(3) An oath must be administered by, and an affirmation must be made before—

(a) if the recognised law enforcement officer taking the oath or making the affirmation is a police officer in the police force of another jurisdiction—

(i) a commissioned police officer in that police force who is above the rank of the recognised law enforcement officer, or

(ii) a person who has the authority to administer an oath in that jurisdiction, or

(b) otherwise—a commissioned police officer in the NSW Police Force who is above the rank of the recognised law enforcement officer.

(4) For the Act, section 207D(2), a person who is appointed as a recognised law enforcement officer after the commencement of this section is exempt from the operation of section 207D if the person has previously—

(a) been appointed as a recognised law enforcement officer, and

(b) taken an oath or made an affirmation in accordance with this section or under the Police Regulation 2015 as in force before its repeal.

(5) In this section—

commissioned police officer means—

(a) in relation to the Commonwealth or the Australian Capital Territory—a person declared to be a commissioned police officer under the Australian Federal Police Act 1979 of the Commonwealth, section 40D, or

(b) in relation to another State or Territory, other than New South Wales—a police officer of or above the rank of inspector.