Commonwealth Consolidated Acts

DEFENCE FORCE RETIREMENT AND DEATH BENEFITS ACT 1973 - SECT 6

             (1)  Where a member of the scheme has, for any period commencing on or after the date of commencement of the scheme and ending before 3 July 1985, being a period that exceeds 21 consecutive days, been:

                     (a)  on leave of absence without pay;

                     (b)  absent without leave;

                     (c)  awaiting or undergoing trial on a charge in respect of which he is later convicted; or

                     (d)  undergoing field punishment, detention or imprisonment;

that period shall be deemed to be a period of non‑effective service in relation to him.

             (2)  Where a member of the scheme has, for any period commencing before the date of commencement of the scheme but ending on or after that date, being a period that exceeds 21 consecutive days, been absent without leave, so much of that period as commenced on the date of commencement of the scheme shall be deemed to be a period of non‑effective service in relation to him.

             (3)  Where a member of the scheme was on leave of absence without pay for a period:

                     (a)  that commenced:

                              (i)  on or after 3 July 1985; or

                             (ii)  on or after the date of commencement of the scheme and ended on or after 3 July 1985; and

                     (b)  that exceeded 21 consecutive days;

the period shall be deemed to be a period of non‑effective service in relation to the member.

             (4)  Where:

                     (a)  the salary and allowances of a member of the scheme in respect of a period were, on or after 3 July 1985, forfeited, in whole or in part, under regulations made under the Defence Act 1903 ;

                     (b)  the period exceeded 21 consecutive days; and

                     (c)  an amount equal to the amount of the salary and allowances forfeited was not subsequently paid, and is not payable, under those regulations to the member;

the period shall be deemed to be a period of non‑effective service in relation to the member.

             (5)  Where:

                     (a)  a member of the scheme was in custody under the Defence Force Discipline Act 1982 awaiting or undergoing trial for a service offence;

                     (b)  the period for which the member was in custody awaiting or undergoing trial:

                              (i)  commenced:

                                        (A)  on or after 3 July 1985; or

                                        (B)  on or after the date of commencement of the scheme and ended on or after 3 July 1985; and

                             (ii)  exceeded 21 consecutive days;

                     (c)  the member was subsequently convicted of the offence or another service offence at the trial; and

                     (d)  either of the following subparagraphs apply:

                              (i)  the conviction was not quashed or set aside;

                             (ii)  the conviction was quashed or set aside and:

                                        (A)  a conviction for another service offence was substituted; or

                                        (B)  the member was ordered to be tried again for the offence of which the member was convicted, or for another service offence, and was convicted of a service offence at the subsequent trial;

the period shall be deemed to be a period of non‑effective service in relation to the member.

             (6)  Where:

                     (a)  2 or more consecutive periods of 24 hours or more would, but for paragraph (3)(b), paragraph (4)(b) or subparagraph (5)(b)(ii) or 2 or all of those provisions, be deemed to be periods of non‑effective service in relation to a member of the scheme; and

                     (b)  the periods exceed, in the aggregate, 21 days;

the periods shall be deemed to be periods of non‑effective service in relation to the member.

             (7)  Where:

                     (a)  a period of 24 hours or more would, but for paragraph (3)(b), paragraph (4)(b) or subparagraph (5)(b)(ii), be deemed to be a period of non‑effective service in relation to a member of the scheme; and

                     (b)  the period is consecutive with a period that, under subsection (3), (4) or (5), is deemed to be a period of
non‑effective service in relation to the member;

the period shall be deemed to be a period of non‑effective service in relation to the member.

             (8)  Where:

                     (a)  a period of 24 hours or more would, but for paragraph (3)(b), paragraph (4)(b) or subparagraph (5)(b)(ii), be deemed to be a period of non‑effective service in relation to a member of the scheme; and

                     (b)  the period is consecutive with a period that, under subsection (7) or this subsection, is deemed to be a period of non‑effective service in relation to the member;

the period shall be deemed to be a period of non‑effective service in relation to the member.