61Certificate of commanding officer

#### 61 Certificate of commanding officer (1) Where a member has been absent without leave and that member’s commanding officer has reasonable grounds for believing: (a) that that absence was not an offence against service law; or (b) that there was a reasonable excuse for the absence; the commanding officer shall issue a certificate to that effect. (2) Where a certificate is issued under subregulation (1) in respect of a member’s absence without leave, the suspension effected by regulation 60 in respect of that absence ceases. (3) Where a commanding officer, who has issued, under subregulation (1), a certificate in respect of the absence without leave of a member, finds that there are no reasonable grounds for the belief on the basis of which the certificate was issued, the commanding officer shall, by writing, revoke the certificate. (4) Subject to this Part, where a certificate issued under subregulation (1) in respect of a member’s absence without leave is revoked under subregulation (3), payment to the member of his or her salary and allowances is suspended. (5) A suspension under subregulation (4) in respect of the salary and allowances of a member operates in relation to: (a) any salary and allowances that accrued to the member during the period: (i) commencing at the end of the day on which he or she first so became absent; and (ii) ending immediately before the day on which the certificate was revoked; and which remained unpaid when the certificate was revoked; and (b) subject to subregulation (6), the salary and allowances that accrue to the member on and after the day on which the certificate was revoked. (6) A suspension under subregulation (4) in respect of the salary and allowances of a member does not operate in relation to the salary and allowances that accrue to the member after he or she returns to duty.