Document ID: chunk:federal_register_of_legislation:F2025C00160:front:0:p42
Version: federal_register_of_legislation:F2025C00160
Segment Type: other
Provision Reference: 
Character Range: 201500–208002

the member is imprisoned or held in custody.
                                                                                                                                                                         ii.                                              Ending at the end of the last full day the member is imprisoned or held in custody.
    b.                                                                                                                                                                   For periodic imprisonment or custody.
                                                                                                                                                                         i.                                               Commencing at the start of the first day for each period that the member is imprisoned or held in custody.
                                                                                                                                                                         ii.                                              Ending at the end of the last day of each period that the member is imprisoned or held in custody.
3.  If a member is held in custody for less than a full day, or 2 consecutive part days, the member does not forfeit any salary, DFRT allowances or Language allowance.

    Note: If the member is absent from duty without leave while being held in civil custody, action under section 29 of the Defence Regulation may apply.
4.  A period of imprisonment or custody does not count as qualifying service for the purpose of eligibility for DFRT allowances.

1.7.7 Conviction quashed or set aside

1.  This section applies to a member if either of the following occurs.
    a.                                                                                                                                                                                                                                                                                       The decision that led to a member's imprisonment or detention has been quashed or set aside.
    b.                                                                                                                                                                                                                                                                                       The period in which the member was held in custody was determined to be unlawful.
2.  If the member had part of their salary forfeited under section 1.7.5, the member is to be paid both of the following amounts.
    a.                                                                                                                                                                                                                                                                                       An amount of salary calculated using the following formula.

                                                                                                                                                                                                                                                                                             Where:
                                                                                                                                                                                                                                                                                             A                                                                                                                                  is the amount of salary that the member would have received during the period had the member not been in detention.
                                                                                                                                                                                                                                                                                             B                                                                                                                                  is the amount of salary that the member received during the period the member was in detention.
    b.                                                                                                                                                                                                                                                                                       An amount equal to the DFRT allowances and Language allowance which were forfeited during the period the member was in detention.

                                                                                                                                                                                                                                                                                             Note: Language allowance is payable under DFRT Determination No. 10 of 1992, Language allowance.
3.  If the member's salary, DFRT allowances and Language allowance were forfeited under section 1.7.6, the member is to be paid an amount equal to the salary, DFRT allowances and Language allowance that were forfeited during the period.
4.  If a member's contribution for a benefit was increased under section 1.7.4, the member is to be reimbursed an amount calculated using the following formula.

    Where:
    A                                                                                                                                                                                                                                                                                        is the contribution amount paid by the member during the period of imprisonment, detention or custody.
    B                                                                                                                                                                                                                                                                                        is the contribution amount that would have been paid by the member during the period of imprisonment, detention or custody.
5.  If a member's eligibility for a reimbursement was ceased under section 1.7.4, the member is to be paid the amount that the member would have been reimbursed had the member not