Document ID: chunk:federal_register_of_legislation:C2004A04709:body:0:p18
Version: federal_register_of_legislation:C2004A04709
Segment Type: other
Provision Reference: 
Character Range: 44341–47058

one of the following directions:

         (c) a direction that the officer's classification be reduced to a specified lower classification and, if a range of salary is applicable to the lower classification, specifying the rate at which salary payable to the officer is to be paid; or

      (d) a direction that the officer be dismissed from the Service.";

    (b) by omitting from subsection (3) "or is not dismissed" and substituting "or that other action is, or is not, taken against the officer,";

  (c) by adding at the end the following subsection:

      "(5) If:

      (a) a court:

            (i) convicts a person who is an unattached officer of a criminal offence; or

            (ii) without recording a conviction, finds that a person who is an unattached officer has committed a criminal offence; and

        (b) before a decision is made in relation to the person under subsection (1), the person ceases to be an unattached officer but remains an officer;

    this Subdivision continues to apply to the person in relation to the conviction or finding, and any action may be taken by or against the person under this Subdivision in relation to the conviction or finding, as if the person were still an unattached officer.".

42. Section 63N of the Principal Act is repealed and the following section is substituted:

Date of effect of directions

  "63N.(1) This section applies to the following directions:

  (a) a direction referred to in paragraph 63K(3A)(b), (c) or (d);

  (b) a direction referred to in paragraph 63L(3A)(b), (c) or (d);

  (c) a direction referred to in paragraph 63M(1)(c) or (d).

"(2) Unless it is set aside on appeal, a direction that is subject to appeal under section 63P takes effect as follows:

    (a) if an appeal under that section against the direction lapses, the direction takes effect on the lapsing of the appeal;

    (b) if the direction is confirmed by a Disciplinary Appeal Committee under that section, it takes effect on the confirmation of the direction;

    (c) if there is no appeal against the direction under that section, it takes effect at the end of the period within which an appeal may be instituted.

"(3) A direction that is not subject to appeal under section 63P takes effect when it is given.

"(4) If, when a direction referred to in paragraph 63K(3A)(b) or 63L(3A)(b) takes effect, there is no money, or insufficient money, in relation to which the direction may be fully put into effect, the direction continues in force and may be put into effect:

  (a) at any time at which it is able fully to be put into effect; or

     (b) by the deduction of instalments from money to which the direction relates until the whole of the