(1) If a member is absent from duty without leave, the member's pay is forfeited to the Commonwealth.
(2) To avoid doubt, subsection (1):
(a) applies whether or not the member has been charged with or convicted of a service offence in relation to the absence; and
(b) may apply to a member who is in civil custody.
(3) The Chief of the Defence Force may determine that some or all pay otherwise forfeited under this section is not forfeited.