Commonwealth Consolidated Acts

AUSTRALIAN FEDERAL POLICE ACT 1979 - SECT 51

  (1)   Where:

  (a)   a person is charged with an offence;

  (b)   the person ceases, for any reason, to be an AFP employee on or after the day on which the person is charged (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);

then, if the Commissioner believes on reasonable grounds that the offence is a corruption offence, the Commissioner shall notify the person's superannuation authority in writing that the person's rights and entitlements under the relevant superannuation scheme are suspended.

  (2)   The Commissioner shall cause a copy of a notice to be given to the person concerned.

  (3)   Where the Commissioner notifies a superannuation authority that the rights and entitlements of a person are suspended:

  (a)   the person is entitled, on the day on which he or she ceases to be an AFP employee, to receive payment, if the person elects to do so, of an amount equal to the sum of the employee contributions paid under the scheme by the person (being contributions held in a fund under the scheme) plus the amount of interest on those contributions accrued under the scheme; and

  (b)   the person is not entitled to exercise any other right, or to receive any other benefit, under the scheme, or to receive an adjustment payment, unless:

  (i)   the person is acquitted of the offence or the charge is withdrawn or otherwise disposed of without the conviction of the person;

  (ii)   the person is convicted of the offence, but does not receive a sentence that would support the making of an application for a superannuation order under subsection   45(1A);

  (iii)   the Minister administering the Crimes (Superannuation Benefits) Act 1989 refuses to authorise the DPP to apply for a superannuation order in respect of the person;

  (iv)   the appropriate court refuses to make a superannuation order in respect of the person; or

  (v)   a superannuation order made in respect of the person is taken to have been revoked.

  (4)   Where anything mentioned in paragraph   (3)(b) happens, the Commissioner shall, as soon as practicable, notify the relevant superannuation authority accordingly.

  (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.