Document ID: chunk:federal_register_of_legislation:F2021L01421:clause:3_2
Version: federal_register_of_legislation:F2021L01421
Segment Type: clause
Provision Reference: sch 3 cl 2
Character Range: 14455–18275

2  Section 7.11.4 (Accommodation assistance)
   Omit subsection, substitute:

7.11.4    Accommodation assistance
1.  A member is not eligible for a benefit under this section if an evacuation centre has been established for the member to evacuate to, unless one of the following apply.
    a.                                                                                                                                                                               The evacuation centre is full.
    b.                                                                                                                                                                               The member was occupying living-in accommodation immediately before the evacuation order was issued and other living-in accommodation is made available for them to occupy.
    c.                                                                                                                                                                               The Senior ADF Officer at the establishment is satisfied that there are special circumstances for the member or their dependant not to go to the evacuation centre.
    Note: An evacuation centre includes a centre established by civilian authorities or Defence.
2.  A member occupying a Service residence immediately before an evacuation order is issued is eligible for the reasonable costs of accommodation for all of the following persons.
    a.                                                                                                                                                                               The member.
    b.                                                                                                                                                                               Each dependant of the member occupying the Service residence with the member immediately before the evacuation order was issued.
3.  A member who was occupying living-in accommodation immediately before the evacuation order was issued is eligible for one the following.
    a.                                                                                                                                                                               Living-in accommodation at another Defence establishment within 50 km of the establishment from which the member was evacuated.
    b.                                                                                                                                                                               If living–in accommodation under paragraph a. is not available — the reasonable costs of other forms of accommodation.
    Note: The Acts Interpretation Act 1901 applies to the measurement of distance in this section.
4.  In this section, accommodation means the following.
    a.                                                                                                                                                                               If the member was occupying living in accommodation — accommodation that is suitable for the member on a short term basis having regard to the nature of the emergency and the availability of accommodation, including shared accommodation.
    b.                                                                                                                                                                               If the person was occupying a Service residence — accommodation that is suitable for the occupants to occupy on a short term basis having regard to the nature of the emergency and the availability of accommodation.
5.  A benefit provided under this section may be paid to the member by way of reimbursement or to the service provider.