Document ID: chunk:federal_register_of_legislation:C2022C00261:section:52:p13
Version: federal_register_of_legislation:C2022C00261
Segment Type: section
Provision Reference: s 52 (pt 13/48)
Character Range: 63845–66313

pay contributions, calculated as if the member were on full pay, in respect of so much of the period as is specified in the election.
(3) Where:
     (a) leave without pay is granted to a member (in this subrule called the "inactive member") whose spouse (in this subrule called the "active member"):
          (i) is also a member; or
          (ii) is an eligible member of the Defence Force within the meaning of the 1973 Act; and
     (b) the active member is posted to a locality to which the inactive member is unable to obtain a posting; and
     (c) the inactive member is granted the leave without pay in order not to be separated from the active member;
the inactive member may elect to pay contributions, calculated as if the member were on full pay, in respect of so much of that period, not exceeding 2 years, as is specified in the election.
(4) In this rule:
"spouse", in relation to a member, means a person who is legally married to the member and includes a person who, although not legally married to the member, ordinarily lives with the member as his or her husband or wife, as the case may be, on a permanent and bona fide domestic basis and is not of the same sex as the member.
General conditions applicable to contributions under rules 6 and 7
8. (1) The provisions of rule 4 apply to an election made under rule 6 or 7 as if:
     (a) the reference in that rule to the amount of salary paid to the member in a fortnight were a reference to the amount of salary that would have been paid to the member in that fortnight if the member had been on full pay; and
     (b) the salary so assumed to be paid did not include higher duties allowance unless:
          (a) higher duties allowance was payable to the member on the day immediately before the commencement of the period; and
          (b) an appropriate authority of the Defence Force has notified CSC that, but for the member's absence on leave without pay, higher duties allowance would have been payable to the member in respect of the whole of the period of his or her absence on that leave.
(2) A member who has made an election under rule 6 or 7 may revoke the election at any time after the expiration of a period of 3 months after the election was made.
Member contributions to be paid to CSC
9. Contributions payable by a member are to be paid to CSC by or on behalf of the member.
Liability of Department to pay employer contributions
10. (1) The Department must, on each salary