Commonwealth Numbered Acts

AUSTRALIAN FEDERAL POLICE LEGISLATION AMENDMENT ACT 1989 No. 71 of 1989 - SECT 9

9. After section 25 of the Principal Act the following sections are inserted:
Fixed-term senior executive appointments

"25A. (1) Where a person is appointed under section 25 to a position in a
prescribed rank, the person making the appointment may determine, in writing,
the term of the appointment.

"(2) A determination shall not specify a term exceeding 5 years or extending
beyond the day on which the appointee will turn 60. End of fixed-term senior
executive appointments

"25B. (1) At the time of appointing a fixed-term senior executive officer, the
person making the appointment may determine, in writing, that, subject to any
conditions specified in the determination, if the officer is retired under
paragraph (2) (b) before the end of the fixed term, the officer is entitled to
the compensation specified in, or worked out under, the determination.

"(2) The appointment of a fixed-term senior executive officer ends, and the
officer shall be taken to be retired:

   (a)  when the fixed term ends; or

   (b)  if, before the end of the fixed term, the person who made the
        appointment determines, in writing, that the appointment ends on a day
        specified in the determination, being a day earlier than the day on
        which the fixed term ends, but not earlier than the day on which the
        determination was made-on the specified day.

"(3) A person shall not make a determination under subsection (2) only
because:

   (a)  of an act or omission of the officer in respect of which a charge has
        been or could be laid against the officer under the Australian Federal
        Police (Discipline) Regulations; or

   (b)  a court has convicted the officer of a criminal offence within the
        meaning of those Regulations, or has found the officer guilty of such
        an offence without recording a conviction.

"(4) A fixed-term senior executive officer who is retired under subsection (2)
is eligible to be reappointed to a position in the Australian Federal Police,
as a fixed-term senior executive officer or otherwise.

"(5) Sections 38A to 38G (inclusive) do not apply to fixed-term senior
executive officers. Superannuation for fixed-term senior executive officers

"25C. (1) At the time of appointing a fixed-term senior executive officer who
was not an eligible employee or a pensioner immediately before being
appointed, the person making the appointment may determine, in writing, the
superannuation benefits, or benefits in the nature of superannuation benefits,
to be provided to the officer.

"(2) Without limiting the generality of subsection (1), a determination may
provide that the Superannuation Act applies to the fixed-term senior executive
officer as if the officer had become an eligible employee on a day specified
in the determination, which may be a day not more than 12 months earlier than
the day on which the determination is made, but not earlier than the day on
which the officer's appointment took effect.

"(3) Despite anything in the Superannuation Act or any other Act, the
Superannuation Act:

   (a)  applies to a fixed-term senior executive officer referred to in
        subsection (1) if, and only if, a determination under this section
        expressly applies that Act to the officer; and

   (b)  does not apply to the officer except as provided in that
        determination.

"(4) A determination shall not be made otherwise than in accordance with
arrangements approved by the Minister for Finance.".