South Australian Consolidated Acts

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POLICE ACT 1998 - SECT 70

70—Suspension or revocation of suspension under Act or regulations

        (1)         A power of the Commissioner under this Act or the regulations to suspend a person's appointment, or to order such a suspension, includes power to determine, subject to the regulations, that the period of suspension will—

            (a)         be without any remuneration and accrual of any rights; and

            (b)         not count as service.

        (2)         Despite subsection (1), remuneration may not be withheld under that subsection for more than three months.

        (3)         The Commissioner may at any time revoke the suspension under this Act or the regulations of a person's appointment.

        (4)         Subject to subsection (5), if, during a period of suspension under this Act or the regulations, the person resigns or retires or his or her appointment is terminated under Part 6—

            (a)         the person will not be entitled to any remuneration or accrual of any rights in respect of the period of suspension (and any remuneration paid to him or her in respect of the period will be recoverable); and

            (b)         the period of the suspension will not count as service.

        (5)         The Commissioner may, if the Commissioner considers it appropriate to do so in circumstances referred to in subsection (4) or otherwise, order—

            (a)         that a person is entitled to all or part of any remuneration or accrual of rights withheld in consequence of a suspension; and

            (b)         that all or part of the period of the suspension will count as service.



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