CTHRepealedLegislation
Defence Force Regulations 1952
70Death of a member during suspension
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#### 70 Death of a member during suspension
(1) Where:
(a) a member dies while absent without leave or the Minister directs in writing that the death of the member is to be presumed to have occurred while the member was absent without leave; and
(b) payment of salary and allowances to the member was, at the time of death or presumed death of the member, suspended under this Part;
the Minister shall:
(c) if the Minister decides that there are reasonable grounds for believing that the member did not have a reasonable excuse for that absence—by writing order the forfeiture of all salary and allowances that accrued to the member during the period:
(i) that began at the end of the day on which the member first became so absent; and
(ii) that ended at the end of the day on which the member died or was presumed to die; or
(d) if the Minister decides that there are no reasonable grounds for believing that the member did not have a reasonable excuse for that absence—that suspension shall then cease.
(2) Where a member dies while absent in civil custody and payment of salary and allowances to the member was, at the time of death, suspended under this Part, that suspension shall then cease.