Document ID: chunk:federal_register_of_legislation:F2017L00946:clause:1_2:p1
Version: federal_register_of_legislation:F2017L00946
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 1/3)
Character Range: 3244–7932

2  Chapter 5 Part 4 Division 5 (Purchased recreation leave)
   Omit the Division, substitute:

Division 5: Purchased recreation leave

5.4.21   Purpose
   Purchased recreation leave allows a member to increase the amount of recreation leave credit available to them. The member must pay the cost of the purchased recreation leave.

5.4.22   Application to purchase recreation leave
1.  A member may apply to purchase recreation leave credits.
    Exception: A member cannot apply to purchase leave credits in a period when they are on any of the following kinds of service.
    a.                                                                                                                                                           Warlike service.
    b.                                                                                                                                                           Non-warlike service.
    c.                                                                                                                                                           Foreign service, as defined by section 23AG (7) of the Income Tax Assessment Act 1936, which could reasonably be expected be exempt from tax under sub-section 23AG of the Income Tax Assessment Act 1936.

                                                                                                                                                                 Note: To qualify for the tax exemption, a member must be engaged in foreign service for a continuous period of not less than 91 days.
2.  Recreation leave credits are purchased in hourly increments. Eight hours of purchased recreation leave credits is the equivalent of one full day of leave.

    See: Subsection 5.4.24.3, Payment, for how the payment of purchased recreation leave is calculated.
3.  A member must apply to purchase recreation leave credits using form AE428, ADF – Request to Purchase Recreation Leave.
4.  The maximum amount of recreation leave credits a member may purchase in a financial year is 20 days.
    Note: The maximum amount is not reduced for a member on part-time leave without pay or on leave without pay (flexible service determination).

5.  At the time of purchase, the amount of recreation leave credits that can be purchased by the member is reduced by each day the sum of the following exceeds 40 days.
    a.                                                                                                                                                                                                                                                                The member's basic recreation leave credit.
    b.                                                                                                                                                                                                                                                                The member's additional recreation leave credit.
    c.                                                                                                                                                                                                                                                                The member's extra recreation leave credit.
    Note: At the time of purchase a member must have regard to the maximum permitted number of days set out in subsection 4 above.
    Examples:
    1. A member's total recreation leave credit balance is 48 days. The 20 days of purchased recreation leave the member may purchase in a financial year is reduced by 8 days (the amount over 40). The maximum amount the member may purchase is 12 days (20 – 8).

    2. A member has purchased 20 days in the current financial year and wants to purchase more. The member has to wait until the next financial year.

5.4.23   Approval to purchase recreation leave
1.  In this section a supervisor means a person in the member's chain of command, at the following rank or APS classification, or higher.
    a.                                                                                                                                                                                                                                                                                  Major.
    b.                                                                                                                                                                                                                                                                                  APS 6.
2.  A member and their supervisor must