Commonwealth Numbered Acts

AUSTRALIAN FEDERAL POLICE LEGISLATION AMENDMENT ACT (No. 2) 1989 No. 153 of 1989 - SECT 39

39. Section 39 of the Principal Act is repealed and the following sections are
substituted: Early retirement

"39. (1) Where:

   (a)  a member or staff member resigns; and

   (b)  the resignation takes effect on or after the day on which the member
        or staff member reaches 55 but before he or she reaches 60; the member
        or staff member is to be taken, for the purposes of the
        Superannuation Act, to have retired voluntarily.

"(2) Where:

   (a)  a member or staff member is taken to be retired under subsection 26E
        (4); and

   (b)  the retirement takes effect on or after the day on which the member or
        staff member reaches 55 but before he or she reaches 60; the member or
        staff member is to be taken, for the purposes of the
        Superannuation Act, to have retired voluntarily. Temporary employment

"39A. (1) The Commissioner may employ, under written agreements, such persons
as the Commissioner thinks necessary to assist the Australian Federal Police
in the performance of its functions, whether within or outside Australia.

"(2) The terms and conditions of employment of persons employed under this
section are such as the Commissioner determines from time to time.

"(3) The period of employment of a person under this section must not be more
than 12 months. Consultants

"39B. (1) The Commissioner may engage, under written agreements, persons
having suitable qualifications and experience to perform services as
consultants to the Australian Federal Police.

"(2) The terms and conditions of engagement of persons mentioned in subsection
(1) are such as the Commissioner determines from time to time. Secondment of
persons to assist AFP

"39C. (1) The Commissioner may, by written agreement with a body or
organisation, whether within or outside Australia, arrange for a person who:

   (a)  is employed by that body or organisation; and

   (b)  has suitable qualifications and experience; to assist the Australian
        Federal Police in the performance of its functions by performing the
        functions specified in the agreement.

"(2) The terms and conditions (including remuneration and allowances)
applicable to a person performing functions under an agreement are those
specified in the agreement. Industrial Relations Act not to apply to certain
matters

"39D. (1) In spite of anything in the Industrial Relations Act 1988:

   (a)  the terms and conditions of service of a member mentioned in paragraph
        6 (2) (b) or (c) or of a staff member who is a senior executive
        officer; and

   (b)  any matter arising under section 26E, being a matter relating to such
        a member or staff member; and

   (c)  any matter arising under section 26E or subsection 30 (2), being a
        matter relating to a member mentioned in paragraph 6 (2) (d) or (e) or
        a staff member who is not a senior executive officer; is not a matter
        pertaining to the relationship between an employer and employee for
        the purposes of the definition of 'industrial dispute' in subsection 4
        (1) of that Act, nor is it an industrial issue within the meaning of
        section 5 of that Act.

"(2) The Australian Industrial Relations Commission must not, in exercising
any of its powers in relation to an industrial dispute or industrial issue,
take into account any entitlement of a member or staff member to an adjustment
payment. Members and staff members to be treated as temporary employees
employed under contract

"39E. A person appointed under section 25, 26 or 26B is to be taken, for the
purposes of section 13 of the Superannuation Act, to be a temporary employee
employed under a contract.".