Commonwealth Consolidated Regulations

DEFENCE FORCE REGULATIONS 1952 - REG 63

         (1)    In this regulation:

"duty" , in relation to a member, means duty under the command of the member's commanding officer.

"prescribed period" , in relation to a member who has been absent without leave, means the period of 14 days commencing at the end of the day on which the member returns to duty.

"suspension" , in relation to a member, means the suspension under this Part of the payment of salary and allowances to that member by reason of the absence without leave of that member.

         (2)    Where a member subject to a suspension returns to duty after being absent without leave, that suspension continues to apply to the salary and allowances to which it relates after the return to duty of the member and, unless it earlier ceases, ceases:

                (a)    if within the prescribed period for that member is not charged under service law with an offence on the ground of that absence or any part of it -- at the end of that period;

               (b)    if within the prescribed period for that member the member is so charged and a direction is given that the charge be not proceeded with -- when that direction is given;

                (c)    if within the prescribed period for that member the member is so charged and the charge is dismissed -- when the charge is dismissed; or

               (d)    if within the prescribed period for that member the member is so charged and the member is acquitted of the offence -- when the member is acquitted.