repeal, insert
A person may be appointed to a position under section 16(1)(ac) if:
(a) the Commissioner sought applications from members for transfer to the position and either:
(i) no applications were received; or
(ii) no member was found suitable for transfer to the position by the Commissioner; and
(b) the Commissioner sought applications from members for promotion to the position and either:
(i) no applications were received; or
(ii) no member was found to have merit for promotion to the position by the Commissioner; and
(c) the position is at a rank that:
(i) is prescribed by regulation for this section; and
(ii) is not above the rank held by the person when the person last served as a member.