28Suspension from duty

#### 28 Suspension from duty (1) The Chief of the Defence Force may suspend a member from duty if: (a) the member: (i) has been given notice, in accordance with subsection 24(2) or (2A), of a proposed ending of the member’s service; and (ii) has not been informed that the proposed ending of the member’s service will not proceed; or (b) the member: (i) has been given notice under section 100 of the Act of the return of a positive test result for a prohibited substance test; and (ii) has not been informed that the member’s service will not be ended because of the result; or (c) the Chief of the Defence Force has decided to end the member’s service under subsection 24(1), but the decision has not yet taken effect. (2) The suspension may be: (a) with pay, without pay or on part pay; and (b) ended or varied at any time by the Chief of the Defence Force. (3) The suspension ends if the member is informed: (a) for a suspension under paragraph (1)(a) or (c)—that the proposed ending of the member’s service, or the decision to end the member’s service, will not proceed or take effect; or (b) for a suspension under paragraph (1)(b)—that the member’s service will not be ended because of the positive test result. (4) For suspension without pay or on part pay, the member must be given notice and at least 7 days after the date of the notice to provide a written response. > Note: For notice to members, see section 30. (5) The Chief of the Defence Force may retrospectively vary a suspension: (a) if the suspension was without pay—by changing it to suspension with pay or on part pay; or (b) if the suspension was on part pay—by increasing the amount of part pay or changing it to suspension with pay.