Document ID: chunk:federal_register_of_legislation:C2024C00465:section:6:p2
Version: federal_register_of_legislation:C2024C00465
Segment Type: section
Provision Reference: s 6 (pt 2/2)
Character Range: 31832–33718

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.