100Effect of custody or suspension from duty

100  Effect of custody or suspension from duty  (1) A member of the Defence Force is not required to perform any duty of the member’s office or appointment (other than such duties as may be necessary to relieve the member of that office or appointment) during any period of custody or any period of suspension from duty under section 98 or 99.  (2) Subject to subsection (3), a member of the Defence Force who is suspended from duty under subsection 98(1) or section 99 is not entitled to remuneration in respect of the period of suspension.  (3) If a member of the Defence Force is suspended from duty under subsection 98(1) or section 99, the relevant authority may, at any time, on application by the member or otherwise, direct that the member receive remuneration during the whole, or a specified part, of the period of suspension.  (4) A direction may only be given under subsection (3) if the relevant authority is satisfied that the member is suffering, or has suffered, hardship as a result of the suspension.  (5) For the purposes of subsection (3), the relevant authority is:  (a) in the case of a suspension under subsection 98(1) or 99(2)—an authorised officer; or  (b) in the case of a suspension under subsection 99(1)—the service tribunal by which the suspension was imposed or a reviewing authority.  (6) A member of the Defence Force who is suspended from duty under subsection 98(1) or section 99 is entitled to engage in employment outside the Defence Force during any period of suspension in respect of which the member is not receiving remuneration.  (7) This section does not affect any requirement to perform a duty, or any remuneration entitlement, of a member of the Defence Force who is undergoing a punishment of detention.  (8) In this section, remuneration has the same meaning as in Division 1 of Part IIIA of the Defence Act 1903. Part VI—Investigation of service offences Division 1—Preliminary 101  Interpretation  (1) In this Part, unless the contrary intention appears: confession includes any admission or incriminating statement. interview, in relation to a person, includes asking the person questions in the course of investigating a service offence. investigating officer means:  (a) a police member; or  (b) an officer, warrant officer or non‑commissioned officer (not being a police member) engaged in the investigation of a service offence. relevant act, in relation to a service offence, means:  (a) an act or omission that constituted, or was done or omitted to be done, as the case requires, in connection with, the commission of the service offence; or  (b) an act or omission believed by an investigating officer investigating the service offence to have constituted, or to have been done or omitted to have been done, as the case requires, in connection with, the commission of the service offence. relevant person, in relation to a relevant act, means a person who was seen by another person doing or omitting to do, as the case requires, the relevant act. serious service offence means a service offence punishable by a maximum punishment, or a fixed punishment, of imprisonment for life or a period exceeding 6 months. suspect, in relation to a relevant act, means a person whom an investigating officer investigating the service offence in relation to the relevant act believes may be a person who did or omitted to do, as the case requires, the relevant act. tape recording includes sound recording and video recording. telephone includes telex, radio or similar facilities. witness, in relation to a relevant act, means a person who saw another person doing or omitting to do, as the case requires, the relevant act.  (2) For the purposes of this Part, a person is in custody in respect of a service offence if the person is being detained as a person charged with the service offence or as a person arrested for, but not yet charged with, the service offence.  (3) If a person is not in custody in respect of a particular service offence (in this subsection referred to as the relevant service offence), but:  (a) is in custody, or is undergoing detention or imprisonment, in respect of another service offence or is in custody for another reason; or  (b) in connection with the investigation of the relevant service offence, is in the company of an investigating officer; and an investigating officer concerned in the investigation of the relevant service offence:  (c) in the case of a person to whom paragraph (a) applies—has come to the belief, or has given the person reasonable grounds for believing that the person has come to the belief, that it is probable that the person committed the relevant service offence; or  (d) in the case of a person to whom paragraph (b) applies—would not allow the person to leave, or has given the person reasonable grounds for believing that the person would not be allowed to leave, if the person wished to do so; then, unless the contrary intention appears, the provisions of this Part have effect as if the person were in custody in respect of the relevant service offence.  (4) Unless the contrary intention appears, a reference in this Part to custody includes a reference to custody that was unlawfully commenced or is being unlawfully continued.  (5) Unless the contrary intention appears, a reference in this Part to a service offence includes a reference to a service offence that an investigating officer has reasonable grounds for believing is being, has been, or will be committed.  (6) Without prejudice to the interpretation of a provision of this Act (other than a provision of this Part):  (a) it is the duty of an investigating officer to comply with the provisions of this Part in exercising his or her powers, or performing his or her duties, as an investigating officer; and  (b) where an investigating officer contravenes a provision of this Part that is applicable to the officer—the contravention is not punishable as a service offence unless a penalty is provided by this Act or the regulations in respect of the contravention.  (7) Nothing in subsection (6) shall be taken to affect:  (a) the operation of any provision of this Act or the regulations relating to the exclusion of evidence; or  (b) any civil proceedings. 101AA  Oaths, affirmations and affidavits  (1) An authorized officer may administer oaths and affirmations for the purposes of this Part.  (2) The forms of oaths and affirmations administered by an authorized officer for the purposes of this Part shall be as prescribed.  (3) An affidavit to be used for the purposes of this Part may be sworn before an authorized officer.  (4) This section shall not be taken to limit, by implication, the classes of persons who may administer oaths and affirmations for the purposes of this Part or before whom affidavits to be used for the purposes of this Part may be sworn or affirmed. Division 2—Duties of investigating officers when interviewing suspects