Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where a member of the scheme has, for any period commencing on or after the date of commencement of the scheme and ending before 3 July 1985, being a period that exceeds 21 consecutive days, been:
(a) on leave of absence without pay;
(b) absent without leave;
(c) awaiting or undergoing trial on a charge in respect of which he is later convicted; or
(d) undergoing field punishment, detention or imprisonment;
that period shall be deemed to be a period of non - effective service in relation to him.
(2) Where a member of the scheme has, for any period commencing before the date of commencement of the scheme but ending on or after that date, being a period that exceeds 21 consecutive days, been absent without leave, so much of that period as commenced on the date of commencement of the scheme shall be deemed to be a period of non - effective service in relation to him.
(3) Where a member of the scheme was on leave of absence without pay for a period:
(a) that commenced:
(i) on or after 3 July 1985; or
(ii) on or after the date of commencement of the scheme and ended on or after 3 July 1985; and
(b) that exceeded 21 consecutive days;
the period shall be deemed to be a period of non - effective service in relation to the member.
(4) Where:
(a) the salary and allowances of a member of the scheme in respect of a period were, on or after 3 July 1985, forfeited, in whole or in part, under regulations made under the Defence Act 1903 ;
(b) the period exceeded 21 consecutive days; and
(c) an amount equal to the amount of the salary and allowances forfeited was not subsequently paid, and is not payable, under those regulations to the member;
the period shall be deemed to be a period of non - effective service in relation to the member.
(5) Where:
(a) a member of the scheme was in custody under the Defence Force Discipline Act 1982 awaiting or undergoing trial for a service offence;
(b) the period for which the member was in custody awaiting or undergoing trial:
(i) commenced:
(A) on or after 3 July 1985; or
(B) on or after the date of commencement of the scheme and ended on or after 3 July 1985; and
(ii) exceeded 21 consecutive days;
(c) the member was subsequently convicted of the offence or another service offence at the trial; and
(d) either of the following subparagraphs apply:
(i) the conviction was not quashed or set aside;
(ii) the conviction was quashed or set aside and:
(A) a conviction for another service offence was substituted; or
(B) the member was ordered to be tried again for the offence of which the member was convicted, or for another service offence, and was convicted of a service offence at the subsequent trial;
the period shall be deemed to be a period of non - effective service in relation to the member.
(6) Where:
(a) 2 or more consecutive periods of 24 hours or more would, but for paragraph (3)(b), paragraph (4)(b) or subparagraph (5)(b)(ii) or 2 or all of those provisions, be deemed to be periods of non - effective service in relation to a member of the scheme; and
(b) the periods exceed, in the aggregate, 21 days;
the periods shall be deemed to be periods of non - effective service in relation to the member.
(7) Where:
(a) a period of 24 hours or more would, but for paragraph (3)(b), paragraph (4)(b) or subparagraph (5)(b)(ii), be deemed to be a period of non - effective service in relation to a member of the scheme; and
(b) the period is consecutive with a period that, under subsection (3), (4) or (5), is deemed to be a period of non - effective service in relation to the member;
the period shall be deemed to be a period of non - effective service in relation to the member.
(8) Where:
(a) a period of 24 hours or more would, but for paragraph (3)(b), paragraph (4)(b) or subparagraph (5)(b)(ii), be deemed to be a period of non - effective service in relation to a member of the scheme; and
(b) the period is consecutive with a period that, under subsection (7) or this subsection, is deemed to be a period of non - effective service in relation to the member;
the period shall be deemed to be a period of non - effective service in relation to the member.