Document ID: chunk:federal_register_of_legislation:F2024L01119:clause:1_1:p1
Version: federal_register_of_legislation:F2024L01119
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 1/3)
Character Range: 2635–7618

1  Chapter 5 Part 4 Division 5
   Repeal the Division, substitute:

Division 5: Purchased recreation leave

Subdivision 1: General provisions

5.4.21 Simplified outline
      This Division sets up two different methods for members to increase the amount of recreation leave credits available to them. The member can purchase up to 20 days in a financial year, depending on the method the member uses to purchase recreation leave credits.
                 Recreation leave credits can be purchased under the pay-as-you-go method, in which recreation leave credits accrue as they are paid for. Up to 20 days can be purchased over 26 pay periods under this method.
                 Recreation leave credits can be purchased as credit in advance method, in which recreation leave credits are received following approval of their application and paid for later. Up to 10 days can be purchased over of 13 pay periods under this method.

Subdivision 2: Application to purchase recreation leave credits

5.4.22 Application to purchase recreation leave credits
1.  A member is eligible to purchase recreation leave credits in one of the following ways if the decision maker is satisfied that subsection 3 is met.
    a.                                                                                                                                                    The pay-as-you-go method.
    b.                                                                                                                                                    The credit in advance method.
2.  To apply to purchase recreation leave credits, the member must do the following.
    a.                                                                                                                                                    Use the approved form.
    b.                                                                                                                                                    Specify the number of pay periods over which they will pay for the recreation leave credits, subject to the following.
                                                                                                                                                          i.                                                                                                                      The pay-as-you-go method — up to 26 pay periods.
                                                                                                                                                          ii.                                                                                                                     The credit in advance method — up to 13 pay periods.
    Note: The calculation for the amount to be paid is provided under section 5.4.26C.
3.  For subsection 1, service requirements are unlikely to prevent the member using the purchased recreation leave credits.
4.  In this section, decision maker means a person in the member's chain of command, at the following rank or APS classification.
    a.                                                                                                                                                    MAJ or higher.
    b.                                                                                                                                                    APS6 or higher.

5.4.23 Members not eligible to purchase recreation leave credits
1.  A member is not eligible to purchase recreation leave credits under this Division if they are performing any of the following kinds of service.
    a.                                                                                                                                                                                                Warlike service.
    b.                                                                                                                                                                                                Non-warlike service.
    c.                                                                                                                                                                                                Foreign service, as defined by section 23AG (7) of the Income Tax Assessment Act 1936, which could reasonably be expected to be exempt from tax under subsection 23AG of the Income Tax Assessment Act 1936.
                                                                                                                                                                                                      Note:  To qualify for the tax exemption, a member must be engaged in foreign service for a continuous period of not less than 91 days.
2.  A member is not eligible to purchase recreation leave credits if the member's recreation leave credits balance will exceed 50 days after the purchase.
3.  The