41Reinstatement of employment or appointment in certain cases

41 Reinstatement of employment or appointment in certain cases (1) Subject to subregulation (2), a person whose employment or appointment has been terminated under regulation 39 may apply in writing to the Commissioner to have his or her employment or appointment reinstated if: (a) the relevant conviction has been nullified; or (b) the sentence imposed for the relevant conviction has been reduced, varied or replaced, and the new sentence is not one that satisfies the criteria stated in subregulation 39 (1) or (2). (2) A person may not apply to have his or her employment or appointment reinstated if, after having his or her employment or appointment terminated, he or she has incurred a further conviction of a kind stated in subregulation (3). (3) A further conviction mentioned in subregulation (2) is a conviction that would cause the employment of the AFP appointee who incurred it to be terminated under regulation 39 if the conviction had been incurred when the person was an AFP appointee, unless: (a) the conviction has been nullified; or (b) the sentence imposed for the conviction has been reduced, varied or replaced in the same way as a sentence to which paragraph (1) (b) applies. (4) The Commissioner must reinstate the employment or appointment of a person who applies to have his or her employment or appointment reinstated if, since his or her employment or appointment was terminated, the person has not incurred a further conviction, in Australia or overseas, for a criminal offence. (5) If a person applies to have his or her employment or appointment reinstated, and subregulation (4) does not apply, the Commissioner may reinstate the person’s employment or appointment. (6) If a person applies to have his or her employment or appointment reinstated, the Commissioner must, no later than 14 days after receiving the application: (a) decide the application; and (b) tell the person the decision. (7) A person whose employment or appointment is reinstated under subregulation (4) is entitled to have restored any entitlements that the person lost through having his or her employment or appointment terminated. (8) A person whose employment or appointment is reinstated under subregulation (5) may: (a) have his or her employment or appointment reinstated on any terms and conditions that the Commissioner considers appropriate; and (b) be granted any entitlements the person lost through having his or her employment or appointment terminated.