40JSuspension from duties etc.

#### 40J Suspension from duties etc. (1) The regulations may do any one or more of the following: (a) provide for the suspension from duties of AFP employees, with or without remuneration; (aa) provide that, while suspended from duty, an AFP employee may be required to comply with directions of a kind mentioned in subsection (2); (ab) provide that, while suspended from duty, an AFP employee may take or be on annual leave if: (i) the industrial agreement (however described) for the time being in force would otherwise deem or require the AFP member to be on annual leave for the period necessary to reduce the balance of annual leave credits to the level specified in the relevant agreement; or (ii) in the case of an AFP employee who is suspended without remuneration—the AFP employee applies to take annual leave that he or she would, if approved, otherwise be able to take; (b) provide that declarations under section 40B (about declaring AFP employees to be members) cease to be in force during a specified period. > Note: A declaration under section 40B could also be revoked etc. under subsection 33(3) of the Acts Interpretation Act 1901. (2) The kind of directions that an AFP employee may be required to comply with while suspended from duty are: (a) directions that the AFP employee would be required to comply with if the AFP employee were not suspended from duty; and (b) directions that are given for the purposes of: (i) determining whether the AFP employee or any other AFP employee has committed a criminal offence or failed to maintain AFP professional standards; or (ii) assessing the continuing employment suitability of the AFP employee; or (iii) ensuring continuity, during the period of suspension, in the performance of the AFP employee’s duties, being a direction that the employee only is able to comply with. (3) To avoid doubt, an AFP employee who takes annual leave while suspended without remuneration is to be paid as if the employee were taking annual leave while not suspended.