Victorian Current Acts Victorian Current Acts(1) A person who, immediately before the commencement day, held office as a Detention Review Officer under the old Act is taken to have been appointed as a Detention Appeals Officer under section 32A(1) on and from the commencement day.
(2) The Governor in Council is taken to have determined the same terms and conditions as applied under the old Act, in respect of a person taken to be appointed as a Detention Appeals Officer because of the operation of subsection (1), to the extent that those terms and conditions are consistent with sections 32A , 32B, 32C and 32D, with the following modifications—
(a) the Governor in Council may terminate the appointment of the person and the Secretary may not terminate the appointment of the person;
(b) the terms and conditions on which the person holds office, including in relation to remuneration and allowances, may be later amended by the Governor in Council and not by the Secretary;
(c) a reference in the original instrument of appointment to a Detention Review Officer is taken to include a reference to a Detention Appeals Officer;
(d) a reference in the original instrument of appointment to a state of emergency ceasing to exist or be in force is taken to include a reference to a pandemic declaration ceasing to be in force;
(e) a reference in the original instrument of appointment to the functions, duties and powers of a Detention Review Officer is taken to include a reference to the functions, duties and powers of a Detention Appeals Officer under section 200C and Part 8A of this Act;
(f) a reference in the original instrument of appointment to the detention under section 200 is taken to include a reference to detention under section 165B(1)(b) or section 165BA(1)(b).
(3) In this section—
"commencement day "means the day on which this section came into operation;
Detention Review Officer has the meaning given by the old Act;
"old Act "means this Act, and regulations and instruments made under this Act, as in force immediately before the commencement day;
"original instrument of appointment "means the instrument of appointment of a person as a Detention Review Officer under the old Act.
S. 32F inserted by No. 53/2021 s. 10A.