30AResignation in anticipation of termination of employment

#### 30A Resignation in anticipation of termination of employment (1) This section applies if: (a) an AFP employee gives the Commissioner written notice of his or her resignation under paragraph 30(1)(a); and (b) the employee’s conduct: (i) has been, or is being, investigated as an AFP conduct issue that is a category 3 conduct issue; or (ii) has raised a corruption issue that has been investigated; or (iii) raises a corruption issue that is being investigated; and (c) at least one of the following applies: (i) if the investigation has been completed—the Commissioner is considering terminating the employee’s employment under section 28 on the basis of the findings of the investigation; (ii) if the investigation has not been completed—the Commissioner is not in a position to decide whether to terminate the employee’s employment under section 28 because the findings of the investigation are not yet known; (iii) the Commissioner is satisfied that the employee’s conduct may amount to serious misconduct within the meaning of subsection 40K(3). (2) The Commissioner may, by written notice to the AFP employee, substitute a day, no later than 90 days after the day specified in the employee’s notice of resignation, as the day on which his or her resignation is to take effect. (3) The Commissioner may give more than one notice under subsection (2) to the AFP employee in relation to the notice of resignation. (4) To be effective, the first notice given under subsection (2) in relation to the notice of resignation must be given to the employee before the day specified in the notice of resignation. (5) To be effective, any subsequent notice given under subsection (2) in relation to the notice of resignation must be given to the employee before the day specified in the immediately preceding notice given under that subsection in relation to the notice of resignation. (6) If one or more notices under subsection (2) have been given to the AFP employee in relation to the notice of resignation, the Commissioner may, by written notice to the AFP employee, substitute a day as the day on which his or her resignation is to take effect. (7) The Commissioner may give a maximum of 2 notices under subsection (6) to the AFP employee in relation to the notice of resignation. (8) To be effective, the first notice given under subsection (6) in relation to the notice of resignation must: (a) specify a day no later than 30 days after the day specified in the most recent notice given under subsection (2) in relation to the notice of resignation; and (b) be given to the AFP employee before the day specified in the most recent notice given under subsection (2) in relation to the notice of resignation. (9) To be effective, any second notice given under subsection (6) in relation to the notice of resignation must: (a) specify a day no later than 30 days after the day specified in the first notice given under subsection (6) in relation to the notice of resignation; and (b) be given to the AFP employee before the day specified in the first notice given under subsection (6) in relation to the notice of resignation. > Note: The effect of subsections (2) to (9) is that the latest day that may be specified in a notice given under this section is the day 150 days after the day specified in the notice of resignation. (10) On or before the day specified in the most recent notice given under this section in relation to the notice of resignation, the Commissioner must: (a) accept the AFP employee’s notice of resignation; or (b) terminate the AFP employee’s employment under section 28. (11) If the Commissioner accepts the notice of resignation under paragraph (10)(a), the AFP employee’s resignation takes effect on the day on which the Commissioner communicates acceptance of the resignation to the employee. (12) The Commissioner must: (a) cause a review of the operation of this section to be undertaken as soon as practicable after the fifth anniversary of the commencement of this subsection; and (b) give the Minister a report of the review.