Commissioner of Police (Vacation of Office) Act 1989 (Qld)

225 COMMISSIONER OF POLICE ( VACATION ANAL YSIS OF CONTENTS 1. Short title 2. Commencement 3. Interpretation 4. Vacation of office 5. Rights on vacation of office 6. Disbursement of lump sum 7. Payment of interest 8. Disbursement of balance of lump sum 9. Balance of liability 10. Extinguishment of claims 11. Application of Act U L 1 S_''IUN S ANNO TRICESIMO OCTAVO ELIZA ET AE SECUN D AE R EGINAE An Act to declare vacant the Office of Commissioner of Police and for related purposes [ASSENTED TO 19TH APRIL, 1989]

226 Commissioner of Police (Vacation of Office) Act 1989, No. 26 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title . This Act may be cited as the Commissioner of Police (Vacation of Office) Act 1989. 2. Commencement . (1) Section 1 and this section shall commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1) the provisions of this Act or such of them as are specified shall commence on a day appointed by Proclamation. 3. Interpretation . In this Act except where a contrary intention appears- "balance of the lump sum" means the sum of money held by the Board and determined in accordance with section 6 (b) including any further sum credited to the lump sum in accordance with this Act; "Board" means the Police Superannuation Board constituted under the Police Superannuation Act 1974-1988; "Commissioner of Police" means Sir Terence Murray Lewis, O.B.E., G.M., Q.P.M. Commissioner of Police under the provisions of the Police Act 1937-1988; "Fund" means the Police Superannuation Fund constituted under the Police Superannuation Act 1968-1988 and the PoliceSuperannuation Act 1974-1988, "lump sum" means the commutation or conversion value of the whole of the entitlement of a member of the Police Force to a pension, annuity or benefit under the Police Superannuation Acts together with any interest that may be credited to the lump sum in accordance with this Act; "Minister" means the Minister of the Crown for the time being charged with the administration of the Police Act 1937-1988: the term includes any Minister performing temporarily the duties of the Minister administering that Act; "Office of Commissioner of Police" means the Office of Commissioner of Police under the provisions of the Police Act 1937-1988; "Police Force" means the Police Force of the State of Queensland under the provisions of the Police Act 1937-1988; "Police Superannuation Acts" means the Police SuperannuationAct1974-1988 and the PoliceSuperannuationAct1968-1988 as amended, modified or varied from time to time; "prescribed offence" means a prescribed offence within the meaning of the Public Officers Superannuation BenefitsRecovery Act 1988;

Commissioner of Police ( Vacation of Office) Act 1989, No. 26 227 "Special Prosecutor" means the Special Prosecutor appointed under the Special Prosecutor's Act 1988. 4. Vacation of office. It is hereby declared that, as from the date of commencement of this section, the Office of Commissioner of Police held by the Commissioner of Police is vacant and the Commissioner of Police shall, as from the date of commencement of this section, cease to be a member of the Police Force. 5 Rights on vacation of office. (1) Upon vacation of the Office of Commissioner of Police in accordance with this Act, the Commissioner of Police shall be entitled to all the rights he would have had as a member of the Police Force under the Police Superannuation Acts if he retired as a member of the Police Force on the day of vacation of Office as Commissioner of Police save as modified or varied by this Act. (2) Upon vacation of the Office of Commissioner of Police in accordance with this Act, the Commissioner of Police shall be deemed to have exercised on that date all rights he would have had as a member of the Police Force under the Police Superannuation Acts to convert or commute all pensions, annuities or benefits payable under those Acts to a lump sum. 6. Disbursement of lump sum. The lump sum payable to the Commissioner of Police in accordance with this Act shall be disbursed by the Board from the Fund in the following manner:- (a) there shall be paid to the Commissioner of Police within seven days of his vacation of the Office of Commissioner of Police under this Act a sum of money equivalent to the refund of all contributions made by him to the Fund, together with interest to the date of vacation of the Office of Commissioner of Police at the rate which would have been paid on the refund of those contributions should he have resigned, in accordance with the Police Superannuation Acts, before attaining the age of 60 years; (b) there shall be paid to the Board, to hold in escrow, a sum of money being the difference between the lump sum payable to the Commissioner of Police in accordance with this Act and the sum paid to the Commissioner of Police in accordance with paragraph (a). 7. Payment of interest . The Board shall, so long as it holds the balance of the lump sum in accordance with this Act, credit to that balance interest at the same rate and at the same time as a return is credited to the Fund under the Police Superannuation Acts. 8. Disbursement of balance of lump sum. The Board shall hold and maintain the balance of the lump sum and shall only disburse the balance of the lump sum in the following manner:- (a) upon receipt of a certificate from the Special Prosecutor that he does not propose to proceed with any charge against

228 Commissioner of Police ( Vacation of Office) Act 1989, No. 26 the Commissioner of Police, the balance of the lump sum shall, within seven days, be paid to the Commissioner of Police; (b) upon receipt of a certificate from the Special Prosecutor that the Commissioner of Police has not been convicted of any charge brought against him by the Special Prosecutor and that the Special Prosecutor does not propose to take any further action in relation' to such charge or any other charge, the balance of the lump sum shall, within seven days, be paid to the Commissioner of Police; (c) upon receipt of a certificate from the Special Prosecutor that the Commissioner of Police has been convicted of a prescribed offence, the balance of the lump sum shall be held until the receipt of- (1) an order of a judge of the Supreme Court under the PublicOfficers Superannuation Benefits Recovery Act 1988 that- (i) a sum be paid to the Treasurer of Queensland on behalf of the Crown in accordance with that Act; or (ii) no sum be paid to the Treasurer of Queensland on behalf of the Crown in accordance with that Act; or (2) a certificate , signed by the Minister , that the Minister does not propose to make an application to a judge of the Supreme Court in accordance with the Public OfficersSuperannuationBenefits Recovery Act 1988, in which case the Board shall, within seven days,- (3) pay out of the balance of the lump sum the sum specified in any order of the judge of the Supreme Court to the Treasurer of Queensland on behalfof the Crown and the remainder , if any, of the balance of the lump sum to the Commissioner of Police; or (4) if there is no sum to be paid to the Treasurer of Queensland on behalf of the Crown in accordance with the order of a judge of the Supreme Court or if the certificate of the Minister is issued in accordance with clause (2) of this paragraph, pay the balance of the lump sum to the Commissioner of Police; or (d) upon receipt of a certificate from the Special Prosecutor that the Commissioner of Police has been convicted of an offence, other than a prescribed offence, the balance of the lump sum shall, within seven days, be paid to the Commissioner of Police.

Commissioner of Police (Vacation of Office) Act 1989, No. 26 229 9. Balance of liability. Where the sum paid to the Treasurer of Queensland on behalf of the Crown in accordance with section 8 (c) (3) fails to satisfy the sum ordered by the judge of the Supreme Court to be paid under the Public Officers Superannuation Benefits Act 1988 to the Treasurer of Queensland on behalf of the Crown, the sum unsatisfied shall be deemed to be a liability to pay to the Crown and may be enforced as a liability under the Public Officers Superannuation Benefits Act 1988. 10. Extinguishment of claims . Upon the disbursement of money from the Fund in accordance with this Act, all claims by the Commissioner of Police against the Fund under the Police Superannuation Acts are extinguished and may not be the subject of any action in law. 11. Application of Act. It is declared that, notwithstanding this Act, the Commissioner of Police is subject to the Public OfficersSuperannuation Benefits Recovery Act 1988