39Termination of employment or appointment in certain cases

39 Termination of employment or appointment in certain cases (1) The employment or appointment, as the case may be, of an AFP appointee who is convicted of a relevant offence must be terminated for a disciplinary offence, if the sentence imposed for the relevant offence: (a) is one of imprisonment for a period that is longer than 24 hours; and (b) is imposed for a reason other than because the AFP appointee failed to pay a monetary penalty; and (c) is not a suspended sentence. (2) The employment or appointment of an AFP appointee, who is convicted of a relevant offence for which a suspended sentence of imprisonment is imposed, must be terminated for a disciplinary offence, if the sentence is brought into operation otherwise than in default of payment of a monetary penalty. (3) The employment or appointment of an AFP appointee must not be terminated under this regulation: (a) until the expiry of the time for lodging a notice of appeal (including an appeal made in accordance with leave to appeal) or a notice of application for leave to appeal, against: (i) the relevant conviction; or (ii) the relevant sentence; or (iii) if subregulation (2) applies — the activation of the relevant suspended sentence; or (b) if a notice referred to in paragraph (a) has been lodged, before the appeal or application in the notice has been disposed of, discontinued or withdrawn. (4) After the employment or appointment of an AFP appointee is terminated, the Commissioner must promptly give to the AFP appointee a notice of termination of employment or appointment. (5) A notice for subregulation (4) must state the grounds for, and the date of, the termination of employment or appointment.