Document ID: chunk:federal_register_of_legislation:F2015C00404:reg:4
Version: federal_register_of_legislation:F2015C00404
Segment Type: reg
Provision Reference: reg 4
Character Range: 13230–14784

4  Non‑effective service
 (1) Where a member was on leave of absence without pay for a period exceeding 21 consecutive days, the period shall be deemed to be a period of non‑effective service in relation to the member.
 (2) Where:
 (a) the salary and allowances of a member in respect of a period were forfeited, in whole or in part, under regulations made under the Defence Act; and
 (aa) the period exceeded 21 consecutive days; and
 (b) 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.
 (3) Where:
 (a) a member was in custody under the Defence Force Discipline Act 1982 awaiting or undergoing trial for a service offence; and
 (aa) the period for which the member was in custody awaiting or undergoing trial exceeded 21 consecutive days; and
 (b) the member was subsequently convicted of the offence or another service offence at the trial; and
 (c) 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.