Commonwealth Numbered Acts

DEFENCE LEGISLATION AMENDMENT ACT 1987 No. 65 of 1987 - SECT 39

39. Section 6 of the Principal Act is amended:

   (a)  by inserting in subsection (1) "and ending before 3 July 1985" after

"scheme" (last occurring); and

   (b)  by adding at the end the following subsections:

"(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.".