139Forfeiture of salary

139 Forfeiture of salary (1) This section applies if a police officer or protective services officer has been suspended and— S. 139(1)(a) amended by No. 54/2016 s. 11. (a) a charge is found proven against the officer under Division 1; or (b) the officer has been charged with an offence referred to in section 136; or S. 139(1)(c) amended by No. 54/2016 s. 11. (c) the officer resigns from Victoria Police before any charge under Division 1 or any criminal charge referred to in section 136 is finalised. (2) The officer— (a) forfeits all salary that accrued to him or her during the suspension; and (b) must repay any salary that has been paid to him or her during the suspension. (3) Any salary not repaid under subsection (2) may be recovered by the Chief Commissioner, as a debt due to the State, in a court of competent jurisdiction. (4) The Chief Commissioner may, on application to him or her in writing, determine that subsection (1) does not apply to a police officer or protective services officer.