Document ID: chunk:federal_register_of_legislation:F2025C00160:front:0:p44
Version: federal_register_of_legislation:F2025C00160
Segment Type: other
Provision Reference: 
Character Range: 210262–216937

is not eligible to take long service leave during a period of imprisonment, detention or custody.

1.7.14 Other forms of leave with or without pay

   A member is not eligible to take any other forms of leave with pay provided under Chapter 5 during a period of imprisonment or detention.

   Note: This section does not apply to custody.

Division 2: Housing, removals and storage

1.7.15 Purpose

   This Division sets out what happens to a member's housing, removals and storage benefits during a period of imprisonment, detention or custody.

   Note: The general rule in section 1.7.4 does not apply to the contribution rate payable for any type of housing.

1.7.16 Member occupying a Service residence or rent band choice property

1.  During a period of imprisonment, detention or custody a member is required to pay the market rent rate for the Service residence or rent band choice property for the following period.
    a.                                                                                                                                                                                                                                                                                                                                                                 Commencing on the first full day of the member's imprisonment, detention or custody.
    b.                                                                                                                                                                                                                                                                                                                                                                 Ceasing on the earlier of the following.
                                                                                                                                                                                                                                                                                                                                                                       i.                                                                                                                       The last full day the member is in prison, detention or custody.
                                                                                                                                                                                                                                                                                                                                                                       ii.                                                                                                                      The day the member vacates the property.
    Note: If the member is not in receipt of salary during this period, the payments will be considered a debt to the Commonwealth.
2.  Subject to subsection 4, if the member is in financial hardship the CDF may reduce the market rent rate payable under subsection 1.
3.  If the member's eligibility for a Service residence or a rent band choice property is ceased by the CDF under section 1.7.4, the member is eligible for a removal under Chapter 6 Part 5 within 28 days to a location within Australia.
4.  If the member or the member's resident family or recognised other persons do not vacate the residence within the 28 day period under subsection 3, both of the following apply.
    a.                                                                                                                                                                                                                                                                                                                                                                 The member's contribution is the equivalent of market rent rate for the residence until the residence is vacated.
    b.                                                                                                                                                                                                                                                                                                                                                                 The member is not eligible for either of the following.
                                                                                                                                                                                                                                                                                                                                                                       i.                                                                                                                       A removal under Chapter 6 Part 5.
                                                                                                                                                                                                                                                                                                                                                                       ii.                                                                                                                      A reduction in the market rent rate under subsection 2.
5.  If the member chooses to vacate a Service residence or rent band choice property and their eligibility for the accommodation has not ceased, the member is not eligible for a removal under Chapter 6 Part 5.
6.  The member is not eligible for housing assistance for their resident family if either of the following applies.
    a.                                                                                                                                                                                                                                                                                                                                                                 The member's eligibility for a Service residence or rent band choice property is ceased by the CDF under section 1.7.4.
    b.                                                                                                                                                                                                                                                                                                                                                                 The member chooses to vacate a Service residence