Document ID: chunk:federal_register_of_legislation:F2025C00160:front:0:p39
Version: federal_register_of_legislation:F2025C00160
Segment Type: other
Provision Reference: 
Character Range: 185741–190080

details.

1.6.3 Payment of amount to a person under legal disability

1.   This section applies if an amount is payable to a person who has a legal disability.
2.   The amount may be paid to a trustee appointed by the CDF to act on behalf of the person.
2A.  When appointing a trustee to act on behalf of the person, the CDF must consider any directions given by the person before they suffered the disability.
3.   Both these conditions apply to an amount paid to a trustee under subsection 2.
     a.                                                                                                                                                       The trustee will hold it on trust for the benefit of the person in accordance with any directions of the CDF.
     b.                                                                                                                                                       It is taken to have been paid to the person.

1.6.4 Payment of amounts on death of a member

1.  An amount payable to a member on their death may be paid to either of these parties.
    a.                                                                                                                                                                                 The member's recognised family.
    b.                                                                                                                                                                                 The member's legal personal representative, if both these conditions are met.
    i.                                                                                                                                                                                 The member has no recognised family.
    ii.                                                                                                                                                                                The CDF considers it appropriate.
2.  The amount may be payable to more than one of the member's recognised family if the CDF is satisfied of the losses each person suffers through the loss of the member's earnings.
3.  If a payment under subsection 1 is not made within 12 months of the member's death, the amount must be paid to the member's legal personal representative.
4.  If no-one is eligible for a payable amount, no payment will be authorised.

1.6.5 Effect of death on eligibility for salary and allowances

1.   For the purpose of payment of salary or allowances, a member ceases continuous full-time service when any of the following apply.
     a.                                                                                                                                                                                                                                                                                                                                                                                The member has died.
     b.                                                                                                                                                                                                                                                                                                                                                                                The member is missing and presumed dead.
1A.  If paragraph 1.b applies and the member is later found alive, the period the member was missing does not count as a break in their service.
2.   If a certificate of death has not been provided to state a date of death or presumed death for a member under a relevant Commonwealth, State or Territory law, then for the purpose of the benefits provided under this Determination, the CDF, a Service Chief or the Director General Defence Member and Family Support may determine that a member died on a particular date.

Part 7: Imprisonment, detention and custody within Australia

1.7.1 Purpose

   This Part sets out what happens to a member's salary and benefits during a period of imprisonment, detention or custody.

1.7.2 Member this Part applies to

   This Part applies to a member, including a member of the Reserves on Reserve service, who is imprisoned, in detention or in