Document ID: chunk:federal_register_of_legislation:F2025C00160:front:0:p184
Version: federal_register_of_legislation:F2025C00160
Segment Type: other
Provision Reference: 
Character Range: 897828–901861

new Commonwealth entity

1.   This section applies to a member who elects to transfer all or part of their accrued leave credit and purchased recreation leave credit under paragraph 5.4.43.1.b and the new Commonwealth entity has agreed to the transfer.
2.   The new Commonwealth entity is to be paid the sum of the following.
     a.                                                                                                                                                                                                                               For each day of accrued leave credit and purchase leave credit, the daily rate of salary.
     b.                                                                                                                                                                                                                               For every 5 days of accrued leave credit, 2 days of salary paid at the daily rate.
2A.  For the purpose of paragraph 2.a, the rate of salary used to calculate the daily rate of salary is one of the following.
     a.                                                                                                                                                                                                                               If the member's last promotion was under section 13(1)(a) of the Defence Regulation, — the rate of salary of their rank.
     b.                                                                                                                                                                                                                               If on the member's last day of service, the member was under a direction to act at a higher rank under section 13(1)(b) of the Defence Regulation and has held that rank for less than 1 year — the rate of salary for their rank had the direction not applied.
     c.                                                                                                                                                                                                                               If on the member's last day of service, the member was under a direction under section 13(1)(b) of the Defence Regulation to act at a higher rank and has held that rank for 1 year or more — the rate of salary for the higher rank.
3.   The member's leave credits are transferred to the new Commonwealth entity.

Division 9: Sharing recreation leave – Dual serving couples

5.4.46 Purpose

   This section sets out how recreation leave is donated from one member to another if the members are part of a dual serving couple.

5.4.47 Definitions

   In this Division, the following apply.
   Donor member means a member who donates recreation leave credits to their partner under section 5.4.50.
   Receiving member means the partner of the donor member who is to receive the donated recreation leave credits under section 5.4.50.

5.4.48 Member this Division applies to

   This Division applies to a member and their partner who meet all of the following.
   a.                                                                                  They are part of a dual serving couple.
   b.                                                                                  They are both on continuous full-time service.

5.4.49 Member this Division does not apply to

   This Division does not apply to a member who meets any of the following.
   a.                                                                        The member or their partner have 6 months or less until they cease continuous full-time service.
   b.                                                                        There has been less than 12 months since the last time the member or their partner donated recreation leave credits under this Division.

5.4.50 Donating recreation leave

1.  A donor member can donate their recreation leave credits to a receiving member if the CDF is satisfied all