Document ID: chunk:federal_register_of_legislation:F2022L01037:clause:5_1
Version: federal_register_of_legislation:F2022L01037
Segment Type: clause
Provision Reference: sch 5 cl 1
Character Range: 91867–95624

1  Chapter 10 Part 4
   Repeal the Part, substitute:

Part 4: Loss or damage to clothing or personal effects

10.4.1    Purpose
   This Part provides a payment to a member for loss or damage to their clothing or personal effects that is directly related to their service.

10.4.2    Payment for loss or damage
1.  Subject to subsection 2, a member is eligible for a payment for loss or damage to clothing or personal effects directly related to their service if the CDF is satisfied of all of the following.
    a.                                                                                                                                                                                                 The payment is reasonable.
    b.                                                                                                                                                                                                 The member took reasonable steps to avoid the loss or damage to the clothing or personal effects.
2.  A member is not eligible for payment under subsection 1 if any of the following apply.
    a.                                                                                                                                                                                                 The member's clothing or personal effects were lost or damaged while the member was on leave, or during their return from leave.
    b.                                                                                                                                                                                                 The member is eligible for an amount for the loss or damage of the clothing or personal effects under Chapter 14 Part 6 Division 3.
    c.                                                                                                                                                                                                 The member's clothing or personal effects have been, or will be, repaired or replaced by Defence.

10.4.3    Amount of payment
1.  The payment under section 10.4.2 is an amount set by the CDF having regard to all the following.
    a.                                                                                                                                                                            The value of the item at the time of the loss or damage.
    b.                                                                                                                                                                            The degree in which the member contributed to the extent of the loss or damage.
    c.                                                                                                                                                                            Any other amount paid or payable for damages, compensation or under a contract of insurance.
    d.                                                                                                                                                                            The cost of repairs.
2.  If a member is paid an amount under this Part and recovers an amount for the loss or damage elsewhere, the member must repay the benefit up to the lesser of the following.
    a.                                                                                                                                                                            The recovered amount.
    b.                                                                                                                                                                            The amount of the payment.