Document ID: chunk:federal_register_of_legislation:F2019L01605:clause:7_15
Version: federal_register_of_legislation:F2019L01605
Segment Type: clause
Provision Reference: sch 7 cl 15
Character Range: 13311–17098

15  Section 6.5.71 (Removal eligibility on next posting)
    Omit the section, substitute:

6.5.71    Removal eligibility on next posting.
1.  This section applies to a member if all the following apply during a posting period.
    a.                                                                                                                                                                                                They gain a dependant by one of the following means.
                                                                                                                                                                                                      i.                                                                                           Marriage.
                                                                                                                                                                                                      ii.                                                                                          Recognition of a de facto partner under section 1.3.89.
                                                                                                                                                                                                      iii.                                                                                         Registration of a de facto relationship on a State or Territory register.
    b.                                                                                                                                                                                                They were not eligible or did not accept a removal for their dependant under this Division.
2.  Subject to subsection 3, at the start of the member's next posting, the member is eligible for a removal for their dependants to move to the member's posting location at Commonwealth expense.
3.  A removal for a member's dependants who are in a location in an item in column A of the following table is from a location in column B for the same item.

Item  Column A                  Column B

      Location dependant lives  Removal location
1.    Inside Australia.         Any of the following.

                                   a. The town in which they were married.

                                   b. The town where the dependant lived when they were recognised as the member's dependant.

                                   c. The town in which the relationship was registered.

                                   d. The member's current posting location.

                                   e. The member's ship's home port, if the member posted to a seagoing ship or a seagoing submarine.

                                   f. Any other location in Australia.

2.    Outside Australia.        Any of the following.

                                   a. The town in which the spouse or partner first entered Australia.

                                   b. Any other location in Australia.

4.  If a member is removed from a location under table item1.f or table item 2.b, the benefit is limited to the lesser of the following amounts.
    a.                                                                                                                                            The cost of the removal.
    b.                                                                                                                                            The cost of a removal from the member's posting location or ship's home port at the time they were recognised as a dependant.
5.  For the purpose of this section a town includes a city, suburb or other distinct residential area.