Document ID: chunk:federal_register_of_legislation:F2022C00514:schedule:2:p1
Version: federal_register_of_legislation:F2022C00514
Segment Type: schedule
Provision Reference: sch 2 (pt 1/2)
Character Range: 234111–236670

Schedule 2—Prescribed periods for the purposes of rule 4
(rule 4)

 1. Where:
 (a) the salary of a member in respect of a period was, on or after the date of his or her entry into the Scheme, forfeited, in whole or in part, under regulations made under the Defence Act 1903; and
 (b) the period exceeded 21 consecutive days; and
 (c) an amount equal to the amount of the salary forfeited was not subsequently paid, and is not payable, under those regulations to the member;
that period is a prescribed period.
 2. Where:
 (a) a member was in custody under the Defence Force Discipline Act 1982 awaiting or undergoing trial for a service offence; and
 (b) the period for which the member was in custody awaiting or undergoing trial commenced on or after the date of his or her entry into the Scheme and exceeded 21 consecutive days; and
 (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;
that period is a prescribed period.
 3. Where:
 (a) a member was in custody under the Defence Force Discipline Act 1982 awaiting or undergoing trial for a service offence; and
 (b) the period for which the member was in custody awaiting or undergoing trial commenced before the date of his or her entry into the Scheme and ended on or after that date and exceeded 21 consecutive days; and
 (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;
so much of that period as commenced on that date is a prescribed period.
 4. Where:
 (a) 2 or more consecutive periods of 24 hours or more would, but for paragraph 1(b), 2(b) or 3(b) or 2 or all of those provisions, be taken to be prescribed periods for the purposes of subrule 4(4) in relation to a member;