Document ID: chunk:federal_register_of_legislation:C2004C02964:section:35:p2
Version: federal_register_of_legislation:C2004C02964
Segment Type: section
Provision Reference: s 35 (pt 2/3)
Character Range: 55645–58259

or in respect of such part of that period as the relevant authority specifies.
 (6) Where the relevant authority has suspended an officer from duty under subsection (3), the relevant authority may at any time remove the suspension.
 (7) Where:
 (a) after an inquiry has been held into alleged misconduct by an officer who has been suspended from duty under subsection (3), the relevant authority is not satisfied that the officer has been guilty of misconduct; or
 (b) upon the hearing by a court of the charge against an officer referred to in paragraph (b) of subsection (3) who has been suspended from duty under that subsection the officer does not plead guilty, and is not found guilty, of the offence with which he was charged or of another offence that appears to the relevant authority to be such as to constitute misconduct by the officer, or the charge against such an officer is not proceeded with;
the relevant authority shall, if he has not already done so, remove the suspension.
 (8) Where:
 (a) an officer has been suspended from duty under subsection (3);
 (b) an amount of salary that would otherwise have been paid to the officer in respect of the period of the suspension was not paid to him; and
 (c) the relevant authority removes the suspension;
the officer shall, subject to the next succeeding subsection, be paid that amount of salary.
 (9) Where the relevant authority is satisfied that an officer to whom thelast preceding subsection applies has engaged in paid employment or workduring the period of his suspension, the amount payable to him under that subsection shall be reduced by an amount equal to the total of the amounts of the earnings that the relevant authority is satisfied were received or are receivable by him in respect of that employment or work.
 (10) For the purposes of this section, an officer shall be taken to have been guilty of misconduct if, and only if:
 (a) he wilfully disobeys, or wilfully disregards, a direction given by a person having authority to give the direction, being a direction with which it is his duty as an officer to comply;
 (b) he is inefficient or incompetent for reasons or causes within his own control;
 (c) he is negligent or careless in the discharge of his duties;
 (d) he engages in improper conduct as an officer;
 (e) he engages in improper conduct otherwise than as an officer, being conduct that affects adversely the performance of his duties or brings the Service into disrepute;
 (f) he contravenes or fails to comply with:
 (i) a provision of this Act or of the regulations, being a provision that is applicable to him; or