South Australian Consolidated Acts

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POLICE ACT 1998 - SECT 41

41—Suspension where charge of offence or breach of Code

        (1)         If a member of S.A. Police or police cadet is charged with an offence (whether under the law of this State, the Commonwealth or another State or a Territory of the Commonwealth) or a breach of the Code, the Commissioner may suspend the person's appointment.

        (2)         The Commissioner may, if the Commissioner considers it appropriate to do so in the circumstances, suspend the person's appointment after deciding that the person be charged but before the charge is actually laid.

        (3)         A suspension under subsection (2) is to be taken to have been revoked by the Commissioner if the charge is not laid within 24 hours (excluding a Saturday, Sunday or a public holiday falling on a Monday or Friday).

        (4)         A suspension under this section must be revoked by the Commissioner if—

            (a)         the person is found not guilty of the offence or breach charged or the charge is dismissed, lapses or is withdrawn; and

            (b)         the person does not stand charged of any other offence or breach.

        (5)         If the suspension under this section of a person's appointment is revoked by the Commissioner, then, subject to any determination of the Commissioner under the regulations, the person is entitled to any remuneration or accrual of rights withheld in consequence of the suspension and the period of the suspension will count as service.



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