Document ID: chunk:federal_register_of_legislation:C2004A00601:clause:1_52
Version: federal_register_of_legislation:C2004A00601
Segment Type: clause
Provision Reference: sch 1 cl 52
Character Range: 53784–56173

52  Person ceases to be an AFP employee: persons charged with relevant disciplinary offences

 (1) Subject to this section, but despite any other provision of this Act or the regulations, if:
 (a) proceedings are started against a person under the Australian Federal Police (Discipline) Regulations in respect of a breach of a relevant disciplinary offence; and
 (b) the person would, but for this subsection, cease to be an AFP employee on a day (the cessation day) that is on or after the day on which those proceedings are started (whether because the period of the person's engagement ends, by operation of law or because of anything done by the person or the Commissioner);
the person does not cease to be an AFP employee on the cessation day and the person is taken to have been suspended without pay on the cessation day.

No further employee contributions

 (2) If subsection (1) applies in relation to a person, the person must not be required or permitted to pay employee contributions under any superannuation scheme of which he or she is a member on or after the cessation day.

Proceedings finally determined

 (3) If subsection (1) applies in relation to a person and:
 (a) the proceedings are finally determined in favour of the person, or are discontinued; or
 (b) the person is, on the final determination of the proceedings, found guilty of a relevant disciplinary offence but is not dismissed from the Australian Federal Police;
the person is, in spite of subsection (1), taken to have ceased to be an AFP employee on the cessation day.

Interest entitlement

 (4) If:
 (a) subsection (3) applies in respect of a person; and
 (b) the person is entitled under a superannuation scheme to interest on contributions made under the scheme by or on behalf of the person, being interest accrued up to, but not on or after, the cessation day;
the person is taken to have ceased to be an AFP employee, for the purposes of that entitlement only, on the day on which the relevant event mentioned in paragraph (3)(a) or (b) happened.

Interpretation

 (5) To avoid doubt, for the purposes of paragraph (1)(b), a person does not cease to be an AFP employee in circumstances where the person completes a period of engagement under section 24 (the initial period) and is re‑engaged under that section for a further period starting immediately after the end of the initial period.