23Subsidy period—eligible persons

#### 23 Subsidy period—eligible persons (1) Subject to this Part, subsidy is payable on a subsidised loan to an eligible person while the person remains entitled to a subsidy period. (2) An eligible person is at any particular time entitled to a subsidy period, being a period that at that time equals the person’s entitlement period less the person’s used subsidy period (if any). (3) In this section: > entitlement period means: (a) in relation to a member (other than an operational service member, a warlike service member or a rejoining member): (i) the number of completed years of subsidy service served by the member after completing his or her basic service period; or (ii) 20 years; whichever is less; or (b) in relation to a person who is or has been an operational service member under subsection 3A(1): (i) if the member has served 16 completed years or less of subsidy service—16 years; or (ii) if the member has served more than 16, but not more than 20, completed years of subsidy service—the number of completed years of subsidy service served by the member; or (iii) if the member has served more than 20 completed years of subsidy service—20 years; or (ba) in relation to a member who is an operational service member under subsection 3A(3): (i) if the member has served 20 completed years or less of subsidy service—the number of completed years of subsidy service served by the member; or (ii) if the member has served more than 20 completed years of subsidy service—20 years; or (bb) in relation to a person who is or has been a warlike service member: (i) the total of: (A) the number of completed years (if any) of subsidy service served by the person; and (B) the number of additional years of subsidy to which the person is entitled under subsection (5); or (ii) 25 years; whichever is less; or (c) in relation to a rejoining member who is a subsidised borrower 2 years after the day on which his or her resignation, retirement or discharge from the Defence Force took effect: (i) the number of completed years of subsidy service served by the person after completing the basic service period (if any) that last applied to the person before he or she became a rejoining member; or (ii) 20 years; whichever is less; or (d) in relation to a rejoining member, other than a rejoining member covered by paragraph (c): (i) the period equal to the number of completed years of subsidy service served by the person: (A) after he or she became a rejoining member; and (B) after completing the basic service period (if any) that last applied to the person before he or she became a rejoining member; plus the total period (if any) during which subsidy was paid on any subsidised loan to the person before he or she became a rejoining member; or (ii) 20 years; whichever is less; or (e) in relation to an incapacitated person: (i) the number of completed years of subsidy service served by the person; or (ii) 10 years; whichever is less; or (f) in relation to any other eligible person who is not a member: (i) the number of completed years of subsidy service served by the person after completing the basic service period (if any) that last applied to the person before the day on which his or her resignation, retirement or discharge from the Defence Force took effect; or (ii) 20 years; whichever is less. > rejoining member does not include a person who has been an operational service member under subsection 3A(1) or has been a warlike service member. > subsidy service means: (a) effective full‑time service; or (b) statutory training obligation; or (c) statutory training obligation added to effective full‑time service. > used subsidy period, in relation to a person, means the total period during which subsidy has been paid on any subsidised loan to the person. (4) If, but for this subsection, a person would have 2 or more entitlement periods, the person’s entitlement period is taken to be the longer or longest of those periods. (5) A person who is or has been a warlike service member is entitled to additional years of subsidy in accordance with the following table: | Period, or total of periods, during which the person performed warlike service | Additional years of subsidy | | ------------------------------------------------------------------------------ | --------------------------- | | Not more than 3 months | 2 | | More than 3 but not more than 6 months | 3 | | More than 6 but not more than 9 months | 4 | | More than 9 months | 5 | > Note: Examples: 1. A person who has performed a total of 4 days warlike service is entitled to 2 additional years of subsidy. > Note: 2. A person who has performed a total of 3 months and 6 days warlike service is entitled to 3 additional years of subsidy. > Note: 3. A person who has performed a total of 9 months and one day warlike service is entitled to 5 additional years of subsidy. (6) If a warlike service member is repatriated from warlike service because of wounds, injury or illness, he or she is taken for the purposes of subsection (5) to have continued to perform that warlike service until the end of: (a) the period for which, in the opinion of the Secretary, the member could reasonably have expected at the time of repatriation to be posted on that warlike service, but for the circumstances leading to the repatriation; or (b) the period for which the unit to which the member was attached performed that warlike service; whichever ended first. (7) In forming an opinion for the purposes of paragraph (6)(a), the Secretary must have regard to: (a) any information given to the member about the expected length of the posting; (b) any information given to the commander of the unit about the expected length of the posting of members of that unit; (c) any other relevant matter.