QLDIn ForceAct
Crime and Corruption Act 2001
sec.219IPowers for corrupt conduct
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### sec.219I Powers for corrupt conduct
This section applies to a prescribed person defined in section 50 (3) , definition prescribed person , paragraph (a) (i) or (b)(i).
Subsection (3) applies if—
the prescribed person is a person mentioned in section 50 (3) , definition prescribed person , paragraph (a) (i) ; and
QCAT finds that corrupt conduct is proved against the person.
QCAT may make any order the commissioner of police could make under the Police Service Administration Act 1990 , part 7 , division 5 , other than section 7 .41, if a ground for disciplinary action had been proved against the prescribed person under part 7 , division 4 of that Act.
QCAT may, on a finding of corrupt conduct being proved against a prescribed person mentioned in section 50 (3) , definition prescribed person , paragraph (b) (i) , order that the prescribed person—
be dismissed; or
be reduced in rank or salary level; or
forfeit, or have deferred, a salary increment or increase to which the prescribed person would ordinarily be entitled; or
be fined a stated amount that is to be deducted from—
the person’s periodic salary payment in an amount not more than an amount equal to the value of 2 penalty units per payment; or
the person’s monetary entitlements, other than superannuation entitlements, on termination of the person’s service.
In deciding the amount for subsection (4) (d) (ii) , QCAT may have regard to the value of any gain to the prescribed person from the person’s corrupt conduct.
s 219I ins 2009 No. 24 s 1405
amd 2009 No. 25 s 61 ; 2014 No. 21 s 94 (1) sch 1 ; 2018 No. 29 s 22 ; 2019 No. 32 s 24
(sec.219I-ssec.1) This section applies to a prescribed person defined in section 50 (3) , definition prescribed person , paragraph (a) (i) or (b)(i).
(sec.219I-ssec.2) Subsection (3) applies if— the prescribed person is a person mentioned in section 50 (3) , definition prescribed person , paragraph (a) (i) ; and QCAT finds that corrupt conduct is proved against the person.
(sec.219I-ssec.3) QCAT may make any order the commissioner of police could make under the Police Service Administration Act 1990 , part 7 , division 5 , other than section 7 .41, if a ground for disciplinary action had been proved against the prescribed person under part 7 , division 4 of that Act.
(sec.219I-ssec.4) QCAT may, on a finding of corrupt conduct being proved against a prescribed person mentioned in section 50 (3) , definition prescribed person , paragraph (b) (i) , order that the prescribed person— be dismissed; or be reduced in rank or salary level; or forfeit, or have deferred, a salary increment or increase to which the prescribed person would ordinarily be entitled; or be fined a stated amount that is to be deducted from— the person’s periodic salary payment in an amount not more than an amount equal to the value of 2 penalty units per payment; or the person’s monetary entitlements, other than superannuation entitlements, on termination of the person’s service.
(sec.219I-ssec.5) In deciding the amount for subsection (4) (d) (ii) , QCAT may have regard to the value of any gain to the prescribed person from the person’s corrupt conduct.
- (a) the prescribed person is a person mentioned in section 50 (3) , definition prescribed person , paragraph (a) (i) ; and
- (b) QCAT finds that corrupt conduct is proved against the person.
- (a) be dismissed; or
- (b) be reduced in rank or salary level; or
- (c) forfeit, or have deferred, a salary increment or increase to which the prescribed person would ordinarily be entitled; or
- (d) be fined a stated amount that is to be deducted from— (i) the person’s periodic salary payment in an amount not more than an amount equal to the value of 2 penalty units per payment; or (ii) the person’s monetary entitlements, other than superannuation entitlements, on termination of the person’s service.
- (i) the person’s periodic salary payment in an amount not more than an amount equal to the value of 2 penalty units per payment; or
- (ii) the person’s monetary entitlements, other than superannuation entitlements, on termination of the person’s service.
- (i) the person’s periodic salary payment in an amount not more than an amount equal to the value of 2 penalty units per payment; or
- (ii) the person’s monetary entitlements, other than superannuation entitlements, on termination of the person’s service.