Document ID: chunk:federal_register_of_legislation:F2025C00160:front:0:p40
Version: federal_register_of_legislation:F2025C00160
Segment Type: other
Provision Reference: 
Character Range: 189833–196164

member's salary and benefits during a period of imprisonment, detention or custody.

1.7.2 Member this Part applies to

   This Part applies to a member, including a member of the Reserves on Reserve service, who is imprisoned, in detention or in custody within Australia.

1.7.3 Member this Part does not apply to

1.  The CDF or the Chief of Defence Intelligence may specify a member to whom this Part does not apply for a particular period or activity.
2.  When making a decision under subsection 1, the CDF or the Chief of Defence Intelligence must have regard to the nature of the member's duty.

1.7.4 General rule – benefits and contributions

1.  This section does not apply to a member in the following circumstances.
    a.                                                                                                                                                                                                                               If individual periodic imprisonment periods of imprisonment are less than 7 consecutive days.
    b.                                                                                                                                                                                                                               If the full length of imprisonment is less than 7 days.
2.  A decision under subsection 3 does not apply to any of the following.
    a.                                                                                                                                                                                                                               The member's salary or DFRT allowances.

                                                                                                                                                                                                                                     Note: Sections 1.7.5 and 1.7.6 specify the effect of imprisonment, detention or custody on salary and DFRT allowances.
    b.                                                                                                                                                                                                                               The member's leave credits.

                                                                                                                                                                                                                                     Note: Division 1 specifies the effect of imprisonment, detention or custody on leave credits.
    c.                                                                                                                                                                                                                               The member's contributions towards a Service residence, rent allowance or living-in accommodation.

                                                                                                                                                                                                                                     Note 1: Division 2 specifies the effect of imprisonment, detention or custody on housing  assistance.
                                                                                                                                                                                                                                     Note 2: This subsection does not prevent the CDF from ceasing a member's eligibility for housing assistance.
3.  If a member has been imprisoned, detained or held in custody for a period of 7 or more continuous days the CDF may decide to do the following.
    a.                                                                                                                                                                                                                               Reduce or cease a benefit that the member was receiving before the member's imprisonment, detention or custody.

                                                                                                                                                                                                                                     Note: The CDF may set a future date when the benefit will be reduced or ceased.
    b.                                                                                                                                                                                                                               Increase a contribution payable by the member, but not above the actual cost of the benefit.
    Note: To avoid doubt, a member will continue to receive benefits for the first 7 consecutive days of imprisonment, detention or custody. The 7 days starts on the day the member is imprisoned, detained or taken into custody.
4.  If a member's benefit or contribution is changed by the CDF under subsection 3, the CDF may review the decision after 7 days.
5.  When reviewing a decision under subsection 4, the CDF may decide to do any of the following.
    a.                                                                                                                                                                                                                               Reinstate a benefit that had been ceased or reduced.
    b.                                                                                                                                                                                                                               Reduce, including a further reduction of benefits previously reduced, or cease other benefits.
    c.                                                                                                                                                                                                                               Reduce a contribution that had been increased.
    d.                                                                                                                                                                                                                               Increase a contribution, including a