68ELiability of officers in respect of excess recreation leave in certain cases

##### 68E Liability of officers in respect of excess recreation leave in certain cases (1) Where a person, being an officer to whom section 68A applied immediately before the commencement of this section, has been granted leave of absence for recreation by virtue of, or in anticipation of, a recreation leave credit that accrued to him on 1 January in the year in which he ceases to be an officer, and the period of that leave exceeds that credit as deemed to have been reduced in accordance with determinations in force under subsection 9(7A) or section 82D: (a) if the officer has received salary in respect of any part of that period of leave that is included in the excess—the Commonwealth is entitled to recover from the person, as a debt due by him to the Commonwealth, the amount of that salary; and (b) if the officer has not received salary in respect of any part of that period of leave that is included in the excess—salary is not payable to the officer in respect of that part of that period of leave. (2) Paragraph (1)(a) does not apply in relation to an officer who ceases to be an officer by reason of his death. (3) A reference in subsection (1) to a recreation leave credit shall be read as including a reference to an addition to a recreation leave credit. (4) A determination made under subsection 9(7A) or section 82D may provide that allowances of a specified kind, or such portions of allowances of a specified kind as are ascertained in accordance with the determination, are to be included in salary for the purposes of this section.