Document ID: chunk:federal_register_of_legislation:C2024C00465:section:6:p1
Version: federal_register_of_legislation:C2024C00465
Segment Type: section
Provision Reference: s 6 (pt 1/2)
Character Range: 29545–32072

6  Non‑effective service
 (1) Where a member of the scheme has, for any period commencing on or after the date of commencement of the scheme and ending before 3 July 1985, being a period that exceeds 21 consecutive days, been:
 (a) on leave of absence without pay;
 (b) absent without leave;
 (c) awaiting or undergoing trial on a charge in respect of which he is later convicted; or
 (d) undergoing field punishment, detention or imprisonment;
that period shall be deemed to be a period of non‑effective service in relation to him.
 (2) Where a member of the scheme has, for any period commencing before the date of commencement of the scheme but ending on or after that date, being a period that exceeds 21 consecutive days, been absent without leave, so much of that period as commenced on the date of commencement of the scheme shall be deemed to be a period of non‑effective service in relation to him.
 (3) Where a member of the scheme was on leave of absence without pay for a period:
 (a) that commenced:
 (i) on or after 3 July 1985; or
 (ii) on or after the date of commencement of the scheme and ended on or after 3 July 1985; and
 (b) that exceeded 21 consecutive days;
the period shall be deemed to be a period of non‑effective service in relation to the member.
 (4) Where:
 (a) the salary and allowances of a member of the scheme in respect of a period were, on or after 3 July 1985, forfeited, in whole or in part, under regulations made under the Defence Act 1903;
 (b) the period exceeded 21 consecutive days; and
 (c) an amount equal to the amount of the salary and allowances forfeited was not subsequently paid, and is not payable, under those regulations to the member;
the period shall be deemed to be a period of non‑effective service in relation to the member.
 (5) Where:
 (a) a member of the scheme was in custody under the Defence Force Discipline Act 1982 awaiting or undergoing trial for a service offence;
 (b) the period for which the member was in custody awaiting or undergoing trial:
 (i) commenced:
 (A) on or after 3 July 1985; or
 (B) on or after the date of commencement of the scheme and ended on or after 3 July 1985; and
 (ii) exceeded 21 consecutive days;
 (c) the member was subsequently convicted of the offence or another service offence at 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