Document ID: chunk:federal_register_of_legislation:F2024L01694:clause:3_3:p1
Version: federal_register_of_legislation:F2024L01694
Segment Type: clause
Provision Reference: sch 3 cl 3 (pt 1/2)
Character Range: 40781–46203

3   Section 7.6.59
    Repeal the section, substitute:

7.6.59 Resident family or recognised other persons not at the Service residence
1.  This section applies to a member who occupied a Service residence with accompanied resident family or recognised other persons and they become one of the following.
    a.                                                                                                                                                                    A member with no resident family or recognised other persons.
    b.                                                                                                                                                                    A member with unaccompanied resident family and no accompanied resident family.
                                                                                                                                                                          Note:  The member may have recognised other persons living with their unaccompanied resident family.
2.  This section does not apply to a member who stops being eligible to occupy the Service residence under section 7.6.59B.
3.  The member is eligible to occupy the Service residence until the earlier of the following days.
    a.                                                                                                                                                                    The day the member and the persons who were the member's accompanied resident family or recognised other persons stopped occupying the Service residence.
    b.                                                                                                                                                                    One of the following.
                                                                                                                                                                          i.                                                                                                                                                         If the change occurred due to a person's death — the day that is 3 months after the member no longer has accompanied resident family or recognised other persons living at the Service residence.
                                                                                                                                                                          ii.                                                                                                                                                        In any other circumstance — the day that is one month after the member stops having accompanied resident family or recognised other persons living at the Service residence.
    Note:  Section 7.6.59A provides eligibility for a member to remain in the Service residence beyond the day set by this section.

7.6.59A Member who request to remain in a Service residence
1.  If a member requests to continue to occupy the Service residence beyond the day they stop being eligible under section 7.6.59, the member is eligible to continue to occupy the Service residence until the earlier of the following.
    a.                                                                                                                                                                                                                                     The day the member has requested to stay in the Service residence until.
    b.                                                                                                                                                                                                                                     The day that is the last day of their current posting.
    c.                                                                                                                                                                                                                                     The day the member no longer lives at the Service residence.
    Note:  Once eligibility under this section ends, the member may choose to live in the Service residence under section 7.6.29 or 7.6.30 if it is a surplus Service residence.
2.  This section does not apply to a member who ceases to be eligible to occupy the Service residence under section 7.6.59B.

7.6.59B Dual serving couples on breakdown of relationship
1.  This section applies to a dual serving couple if all of the following have been met.
    a.                                                                                                                          Both members occupy the same Service residence.
    b.                                                                                                                          The relationship between the members has broken down.
    c.                                                                                                                          Both members request to continue occupation of the Service residence.
2.  Eligibility to occupy the Service residence ceases for the following member.
    a.                                                                                                                          If only one member will be residing with accompanied resident family