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CRIME AND CORRUPTION ACT 2001 - SECT 219I
Powers for corrupt conduct
(1) This section applies to a prescribed person defined in section 50 (3) ,
definition prescribed person , paragraph (a) (i) or (b)(i).
(2) Subsection
(3) applies if— (a) the prescribed person is a person mentioned in
section 50 (3) , definition prescribed person , paragraph (a) (i) ; and
(b)
QCAT finds that corrupt conduct is proved against the person.
(3) QCAT may
make any order the commissioner of police could make under the
Police Service Administration Act 1990 , part 7 , division 5 , other than
section 7 . 41, if a ground for disciplinary action had been proved against
the prescribed person under part 7 , division 4 of that Act.
(4) QCAT may, on
a finding of corrupt conduct being proved against a prescribed person
mentioned in section 50 (3) , definition prescribed person , paragraph (b) (i)
, order that the prescribed person— (a) be dismissed; or
(b) be reduced in
rank or salary level; or
(c) forfeit, or have deferred, a salary increment or
increase to which the prescribed person would ordinarily be entitled; or
(d)
be fined a stated amount that is to be deducted from— (i) the person’s
periodic salary payment in an amount not more than an amount equal to the
value of 2 penalty units per payment; or
(ii) the person’s monetary
entitlements, other than superannuation entitlements, on termination of the
person’s service.
(5) In deciding the amount for subsection (4) (d) (ii) ,
QCAT may have regard to the value of any gain to the prescribed person from
the person’s corrupt conduct.
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