Commonwealth Consolidated Regulations

DEFENCE FORCE REGULATIONS 1952 - REG 59

         (1)    In this Part, unless the contrary intention appears:

"allowance" in relation to a member, is a reference to an allowance that, apart from the provisions of this Part, is payable to the member under service law in respect of his or her service in the Defence Force.

"foreign country" includes a state, province or similar division of a foreign country.

"member" means a member of the Permanent Forces and includes any member of the Defence Force rendering continuous full-time service.

"offence" includes an offence against the law of a foreign country.

"police custody" , in relation to a member, means detention of the member by one or more members of:

                (a)    the Australian Federal Police;

               (b)    a police force of a State or Territory; or

                (c)    a police force of a foreign country;

in connection with an offence which the member is alleged to have, or is suspected of having, committed, whether or not the member has been charged with that or any other offence during that custody.

"salary" , in relation to a member, is a reference to salary that, apart from the provisions of this Part, is payable to the member under service law in respect of his or her service in the Defence Force.

"service law" means any law that applies in relation to a person by reason only that the person is a member and includes a determination under section 58B or 58H of the Act.

         (2)    For the purposes of this Part, the salary or allowances, or salary and allowances:

                (a)    that is or are payable to a member; or

               (b)    that would, but for this Part, have been payable to a member;

during a period, shall be deemed to accrue from day to day during that period.

         (3)    In this Part, a reference to the absence of a member without leave shall be read as a reference to any absence from, or cessation of performance of, duty by the member that is not authorised under service law.

         (4)    For the purposes of this Part, a member who is absent from duty:

                (a)    while in civil custody; or

               (b)    during a period of imprisonment imposed on the member upon conviction of an offence;

shall not be regarded as being absent without leave.

         (5)    In this Part, a reference to the absence of a member while in civil custody shall be read as a reference to any absence from duty by the member where, otherwise than under service law, the member is held in police custody or is otherwise detained in custody pending, or during, the trial of the member for an offence.

         (6)    For the purposes of this Part, where a member:

                (a)    otherwise than under service law, is held in police custody or is otherwise detained in custody pending, or during, the trial of the member for an offence and, during the period of that detention, the member is authorised under service law to be absent from duty; or

               (b)    is undergoing a period of imprisonment imposed on the member upon conviction of an offence;

the member shall not be regarded as being absent while in civil custody.