Commonwealth Consolidated Regulations

DEFENCE FORCE REGULATIONS 1952 - REG 69

         (1)    In this regulation, member includes a member referred to in subregulation 68 (2).

         (2)    Where under this Part the salary and allowances of a member have been forfeited in whole or part by reason of the conviction of the member for an offence and:

                (a)    subject to paragraph (b), that conviction is quashed or set aside, an amount equal to the amount of the salary and allowances so forfeited is payable to the member;

               (b)    that conviction is quashed or set aside and another conviction substituted or the member is ordered to be tried again for the offence or for another offence, no amount referred to in paragraph (a) is payable to the member; or

                (c)    that conviction is quashed or set aside and at a further trial of the member for that offence or another offence the court or service tribunal acquits the member or decides that the member should not be convicted of an offence, the amount referred to in paragraph (a) is payable to the member.