Commonwealth Numbered Regulations

1985 No. 131 DEFENCE FORCE REGULATIONS (AMENDMENT) - REG 3

3. (1) In this regulation-

"commencement day" means the day on which these Regulations come into
operation;

"Defence Force Regulations" means the Defence Force Regulations as amended by
these Regulations.

(2) This regulation shall be interpreted in accordance with regulation 59 of
the Defence Force Regulations as if this regulation were included in Part XIII
of the Defence Force Regulations.

(3) Subject to sub-regulation (5), where, on or after the commencement day, a
member is convicted of absence without leave in respect of a period of absence
the whole or any part of which occurred before the commencement day, the
forfeiture effected by regulation 65 of the Defence Force Regulations shall
apply in relation to all salary and allowances that accrued to the member
during that period or that part of that period in the same way that it applies
to salary and allowances that accrued to the member on and after the
commencement day.

(4) Subject to sub-regulation (5), where, on or after the commencement day, a
member is convicted under a law, other than service law, of an offence
constituted by an act or an omission and by reason of that act or omission the
member had previously been absent while in civil custody for a period the
whole or any part of which occurred before the commencement day, the
forfeiture effected by regulation 66 of the Defence Force Regulations shall
apply in relation to all salary and allowances that accrued to the member
during that period or that part of that period in the same way that it applies
to salary and allowances that accrued to the member on and after the
commencement day.

(5) Where, but for this sub-regulation, the amount of salary and allowances of
a member that would be forfeited-

   (a)  by virtue of regulation 65 of the Defence Force Regulations, as
        applied by sub-regulation (3); or

   (b)  by virtue of regulation 66 of the Defence Force Regulations, as
        applied by sub-regulation (4), in respect of a period of absence or
        that part of a period of absence occurring before the commencement day
        would exceed the amount of the salary and allowances that would have
        been forfeited in respect of that period or that part of that period
        if these Regulations had not been made and the member had, on or after
        that day, been convicted of absence without leave, or convicted of an
        offence constituted by an act or omission and by reason of that act or
        omission the member had previously been absent while in civil custody,
        as the case may be, in respect of that period or that part of that
        period, then that lower amount shall be the amount forfeited in
        respect of that period or that part of that period.

(6) Where, on or after the commencement day, a member is serving a sentence of
imprisonment, or undergoing the punishment of detention, imposed in respect of
a conviction that occurred before the commencement day, regulation 67 or 68 of
the Defence Force Regulations, as the case may be, shall apply to that member
on and after that day in respect only of that part of that sentence, or that
part of that punishment, as the case may be, as is served or undergone, as the
case may be, on and after that day.
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