Victorian Current Acts

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VICTORIA POLICE ACT 2013 - SECT 192

Oath or affirmation of office

    (1)     A person is not capable of acting in the office of special constable until he or she has taken and subscribed an oath of office or made and subscribed an affirmation of office.

Note

See section 199 for an exception to this requirement in the case of incidents requiring urgent cross-border assistance.

    (2)     The oath or affirmation must be in Form 3 in Schedule 2.

    (3)     The oath or affirmation may be administered—

        (a)     in Victoria by the Chief Commissioner, a Deputy Commissioner, an Assistant Commissioner or a magistrate; or

        (b)     in the jurisdiction in which the special constable is permanently appointed by a person who is authorised under the law of that jurisdiction to administer an oath or affirmation of appointment to an officer or member of the police force of that jurisdiction.

    (4)     If the oath or affirmation is administered in Victoria by a person other than the Chief Commissioner, the person must forward a copy of the oath or affirmation as subscribed by the special constable to the Chief Commissioner within 14 days.

    (5)     If the oath or affirmation is administered outside Victoria, the person who administers it must forward to the Chief Commissioner, within 14 days—

        (a)     a copy of the oath or affirmation as subscribed by the special constable; and

        (b)     a written statement, signed by the person, of the person's name and authority to administer the oath or affirmation.

    (6)     Failure to comply with subsection (4) or (5) does not invalidate the appointment of a special constable.



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