Commissioner of Police (Vacation of Office) Act 1989
COMMISSIONER OF POLICE (VACATION OF OFFICE) ACT 1989
QueenslandCOMMISSIONEROFPOLICE(VACATIONOFOFFICE)ACT1989Reprinted as in force on 19 March
1996(Act not amended up to this date)Reprint No. 1This reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintThisActisreprintedasat19March1996.Thereprintincorporatesallnecessaryconsequentialamendments,whetherofpunctuation,numberingoranotherkind(Reprints Act 1992 s 5(d)).MinoreditorialchangesallowedundertheprovisionsoftheReprintsAct1992mentioned in the following list have
also been made to—•update citations and references (pt 4,
div 2)•expressgenderspecificprovisionsinawayconsistentwithcurrentdraftingpractice (s 24)•use
standard punctuation consistent with current drafting practice (s
27)•useconjunctivesanddisjunctivesconsistentwithcurrentdraftingpractice(s 28)•use expressions consistent with
current drafting practice (s 29)•use
appropriate names for instruments and provision units (s 32)•relocate marginal or cite notes (s
34)•use aspects of format and printing
style consistent with current drafting practice(s 35)•omit provisions that are no longer
required (ss 37 and 39)•omit the enacting
words (s 42A)•renumber certain provisions and
references (s 43)•correct minor errors (s 44).See
endnotes for information about—•when
provisions commenced•editorial changes made in the reprint,
including—•table of obsolete and redundant
provisions•table of corrected minor errors•table of renumbered
provisions.
s13s3Commissioner of Police (Vacation of Office)
Act1989COMMISSIONER OF POLICE
(VACATIONOF OFFICE) ACT 1989[reprinted as in
force on 19 March 1996]An Act to declare vacant the office of
commissioner of police and forrelated
purposes˙Short title1.This
Act may be cited as theCommissionerofPolice(VacationofOffice) Act 1989.˙Interpretation3.In
this Act—“balance of the lump sum”means the sum of
money held by the boardand determined in accordance with
section 6(b) including any furthersum credited to
the lump sum in accordance with this Act.“board”meansthePoliceSuperannuationBoardconstitutedunderthePolice Superannuation Act 1974.“commissioner of police”means Sir Terrence Murray Lewis, OBE,
GM,QPM commissioner of police under the
provisions of thePolice Act1937.“fund”means the police
superannuation fund constituted under thePoliceSuperannuation Act 1968and thePolice Superannuation Act 1974.“lump sum”means the
commutation of conversion value of the whole ofthe entitlement
of a member of the police force to a pension, annuity orbenefit under the Police Superannuation Acts
together with any interestthat may be credited to the lump sum
in accordance with this Act.
s44s5Commissioner of Police (Vacation of Office)
Act1989“office of the commissioner of
police”means the Office of Commissionerof
Police under the provisions of thePolice Act
1937.“police force”means the police
force of the State under the provisions ofthePolice Act 1937.“PoliceSuperannuationActs”meansthePoliceSuperannuationAct1974and thePolice Superannuation Act 1968as
amended, modifiedor varied from time to time.“prescribed offence”means a
prescribed offence within the meaning ofthePublic Officers’ Superannuation Benefits
Recovery Act 1988.“special prosecutor”meansthespecialprosecutorappointedundertheSpecial Prosecutor Act 1988.˙Vacation of
office4.It is declared that, as from the date
of commencement of this section,the office of
commissioner of police held by the commissioner of police isvacantandthecommissionerofpoliceshall,asfromthedateofcommencement of this section, cease to be a
member of the police force.˙Rights
of vacation of office5.(1)Uponvacationoftheofficeofcommissionerofpoliceinaccordance with this Act, the commissioner of
police shall be entitled to alltherightsthecommissionerwouldhavehadasamemberofthepoliceforce
under the Police Superannuation Acts if the commissioner retired as
amemberofthepoliceforceonthedayofvacationofofficeascommissioner of police save as modified or
varied by this Act.(2)Upon vacation of the office of
commissioner of police in accordancewith this Act,
the commissioner of police shall be deemed to have exercisedon
that date all rights the commissioner would have had as a member of
thepolice force under the Police Superannuation
Acts to convert or commuteall pensions, annuities or benefits
payable under those Acts to a lump sum.
s65s8Commissioner of Police (Vacation of Office)
Act1989˙Disbursement of
lump sum6.The lump sum payable to the
commissioner of police in accordancewith this Act
shall be disbursed by the board from the fund in the
followingmanner—(a)there shall be paid to the commissioner of
police within 7 days ofthecommissioner’svacationoftheofficeofcommissionerofpolice under this Act a sum of money
equivalent to the refund ofall
contributions made by the commissioner to the fund, togetherwith
interest to the date of vacation of the office of
commissionerof police at the rate which would have been
paid on the refund ofthosecontributionsshouldthecommissionerhaveresigned,inaccordance with the Police Superannuation
Acts, before attainingthe age of 60 years;(b)thereshallbepaidtotheboard,toholdinescrow,asumofmoney being the
difference between the lump sum payable to thecommissioner of
police in accordance with this Act and the sumpaidtothecommissionerofpoliceinaccordancewithparagraph (a).˙Payment of interest7.The
board shall, so long as it holds the balance of the lump sum
inaccordance with this Act, credit to that
balance interest at the same rate andatthesametimeasareturniscreditedtothefundunderthePoliceSuperannuation
Acts.˙Disbursement of balance of lump
sum8.The board shall hold and maintain the
balance of the lump sum andshall only
disburse the balance of the lump sum in the following
manner—(a)upon receipt of a certificate from the
special prosecutor that thespecial
prosecutor does not propose to proceed with any chargeagainst the commissioner of police, the
balance of the lump sumshall, within 7 days, be paid to the
commissioner of police;(b)upon receipt of
a certificate from the special prosecutor that thecommissionerofpolicehasnotbeenconvictedofanycharge
s86s8Commissioner of Police (Vacation of Office)
Act1989brought against the commissioner by
the special prosecutor andthat the special prosecutor does not
propose to take any furtheraction in
relation to such charge or any other charge, the balanceofthelumpsumshall,within7days,bepaidtothecommissioner of police;(c)upon receipt of a certificate from the
special prosecutor that thecommissionerofpolicehasbeenconvictedofaprescribedoffence, the
balance of the lump sum shall be held until the receiptof—(i)an order of a
judge of the Supreme Court under thePublicOfficers’ Superannuation Benefits Recovery
Act 1988that—(A)a
sum be paid to the Treasurer on behalf of the Crownin
accordance with that Act; or(B)no
sum be paid to the Treasurer on behalf of the Crownin
accordance with that Act; or(ii)a
certificate, signed by the Minister, that the Minister doesnotproposetomakeanapplicationtoajudgeoftheSupremeCourtinaccordancewiththePublicOfficers’Superannuation Benefits Recovery Act
1988;in which case the board shall, within
7 days—(iii)pay out of the
balance of the lump sum the sum specified inany order of the
judge of the Supreme Court to the Treasureron behalf of the
Crown and the remainder (if any) of thebalance of the
lump sum to the commissioner of police; or(iv)if
there is no sum to be paid to the Treasurer on behalf of theCrowninaccordancewiththeorderofajudgeoftheSupreme Court or if the certificate of
the Minister is issuedin accordance with paragraph
(c)(ii)—pay the balance of thelump sum to the
commissioner of police;(d)upon receipt of
a certificate from the special prosecutor that thecommissioner of police has been convicted of
an offence, otherthanaprescribedoffence,thebalanceofthelumpsumshall,within 7 days,
be paid to the commissioner of police.
s
97s 11Commissioner of
Police (Vacation of Office) Act1989˙Balance of liability9.WherethesumpaidtotheTreasureronbehalfoftheCrowninaccordancewithsection8(c)(iii)failstosatisfythesumorderedbythejudgeoftheSupremeCourttobepaidunderthePublicOfficers’Superannuation Benefits Recovery Act
1988to the Treasurer on behalf ofthe
Crown, the sum unsatisfied shall be deemed to be a liability to pay
to theCrownandmaybeenforcedasaliabilityunderthePublicOfficers’Superannuation Benefits Recovery Act
1988.˙Extinguishment of
claims10.Upon the disbursement of money from
the fund in accordance withthis Act, all
claims by the commissioner of police against the fund under
thePolice Superannuation Acts are extinguished
and may not be the subject ofany action in
law.˙Application of Act11.Itisdeclaredthat,notwithstandingthisAct,thecommissionerofpolice is subject to thePublic Officers’
Superannuation Benefits RecoveryAct 1988.
9Commissioner of Police (Vacation of
Office) Act19893´AIAamdchdefdivexpgazhdginslapnotfdomo in
cpparaprecpresprev==================KeyKey
to abbreviations in list of legislation and annotationsActs
Interpretation Act 1954amendedchapterdefinitiondivisionexpires/expiredgazetteheadinginsertedlapsednotifiedomittedorder in
councilpageparagraphprecedingpresentprevious(prev)procprovptpubdR[X]RArelocrenumrepsschsdivSIASLsubunnum=================previouslyproclamationprovisionpartpublishedReprint
No.[X]Reprints Act 1992relocatedrenumberedrepealedsectionschedulesubdivisionStatutory
Instruments Act 1992subordinate legislationsubstitutedunnumbered´4List of
legislationCommissioner of Police (Vacation of Office)
Act 1989 No. 26date of assent 19 April 1989ss
1–2 commenced on date of assentremaining
provisions commenced 19 April 1989 (proc pubd gaz 19 April
1989p 2227A)´5List of annotationsCommencements 2om R1
(see RA s 37)Interpretations 3def“Minister”om R1 (see RA s
39)
10Commissioner of Police (Vacation of
Office) Act1989´6Table of obsolete and redundant
provisionsTABLE OF OBSOLETE AND REDUNDANT
PROVISIONSunder the Reprints Act 1992 s 39Omitted provisionProvision making
omittedprovision obsolete/redundantdefinitions to be read in contextdef
“Minister”references to Queensland impliedActs
Interpretation Act 1954s 32AActs
Interpretation Act 1954s 36, def “Minister”and
ss 33(1) to (4)and 24B(8)(b) (see alsoReprints Act 1992
s 39,example 2)Acts
Interpretation Act 1954s 35´7Table of corrected minor errorsProvisionTABLE OF
CORRECTED MINOR ERRORSunder the Reprints Act 1992 s
44Description3, def
“prescribed offence”,8(c)(i), 8(c)(ii), 9 and 113,
def “special prosecutor”9om ‘Officers’ ins
‘Officers’ ’om ‘Prosecutor’s’ ins ‘Prosecutor’om
‘Public Officers’ SuperannuationBenefits Act
1988’ ins ‘Public Officers’Superannuation Benefits Recovery
Act1988’
