Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) For the purposes of paragraph 40J(1)(a) of the Act, the Commissioner must, in writing, end the suspension of an AFP employee under section 8 of this instrument if:
(a) all of the grounds on which the AFP employee was suspended are disposed of in accordance with this section; or
(b) the Commissioner is satisfied that it is otherwise appropriate to end the suspension.
Conduct contravening AFP professional standards and corrupt conduct
(2) For an AFP employee suspended under paragraph 8(a) in relation to conduct that the employee has, or may have, engaged in, the grounds are disposed of if:
(a) the Commissioner no longer reasonably believes that the AFP employee has or may have engaged in that conduct; or
(b) the AFP conduct issue in relation to conduct mentioned in that paragraph has been dealt with under Part V of the Act, and:
(i) action, other than termination action, is to be taken in relation to the conduct issue; or
(ii) the Commissioner has determined, under section 40TF of the Act, that no further action is to be taken in relation to the conduct issue.
Contesting an election
(3) For an AFP employee suspended under paragraph 8(b) to allow the employee to contest an election to a non-parliamentary body, the grounds are disposed of if the employee fails to be elected to the non-parliamentary body.
Commission of an offence
(4) For an AFP employee suspended under paragraph 8(c) in relation to the charging of the employee with an offence, the grounds are disposed of if the charge is resolved without a finding of guilt being made against the employee.
(5) For the purposes of subsection (4), a charge for an offence is resolved in relation to a person at the latest of the following times:
(a) when:
(i) the charge is withdrawn; or
(ii) the charge is dismissed; or
(iii) the person is not committed on the charge following a committal hearing; or
(iv) the person is acquitted of the offence; or
(v) the person is sentenced for the offence; or
(vi) the person is dealt with by being the subject of an order made as a consequence of a finding of guilt; or
(vii) the charge is otherwise finally dealt with;
(b) if an appeal relating to the charge is not lodged within the period for lodging such an appeal--when that period ends;
(c) if an appeal relating to the charge is lodged--when the appeal lapses or is finally determined.
Despite paragraph (b), if an appeal relating to the charge is lodged after that period ends, the charge ceases to be resolved until that appeal lapses or is finally determined.