Document ID: chunk:federal_register_of_legislation:F2018L01121:reg:16
Version: federal_register_of_legislation:F2018L01121
Segment Type: reg
Provision Reference: reg 16
Character Range: 20963–22726

16  Reinstatement of persons who resign to contest elections
 (1) For the purposes of paragraph 70(h) of the Act, this section applies to a person who:
 (a) resigns from the AFP under section 15 of this instrument for the purpose of contesting an election; and
 (b) fails to be nominated at the election or, if nominated, fails to be elected at the election; and
 (c) applies to be reinstated as an AFP employee within 2 months after the declaration of the result of the election (or, if the result is disputed, within 2 months after a court of disputed returns decides the petition disputing the result, or the petition is withdrawn or lapses).
 (2) The person must be again engaged as an AFP employee on the same terms and conditions as would apply to the person if the person had not resigned.

Effect of declarations after person re‑engaged
 (3) Subsection (4) applies if any of the following declarations was in force in relation to the person immediately before the person resigned:
 (a) a declaration under subsection 9(2A) or (2B) of the Act (a declaration that a member is of a particular rank);
 (b) a declaration under section 40B of the Act (a declaration that an AFP employee is a member of the AFP);
 (c) a declaration under section 40D of the Act (a declaration that a member is a commissioned police officer).
 (4) Unless it would have ceased to be in force sooner, the declaration is taken to continue to be in force from the day when the person is again engaged until it would otherwise cease to be in force.

Period of resignation recognised as service
 (5) The period between the person's resignation and the day the person is again engaged as an AFP employee is to be recognised as service for all purposes.

Division 4—Financial statements