Section 204: Forfeitures and deductions: general provisions

(1) No forfeiture of the pay of a person subject to service law under this Act shall be imposed unless authorised by this Act or any other written law and no deduction from that pay shall be made unless so authorised or authorised by Pay Regulations, so however, that the President may authorise deductions from pay to form a welfare scheme for service personnel.
(2) Pay Regulations shall not authorise the making of a penal deduction, that is, a deduction to be made by reason of the commission of an offence or other wrongful act or in consequence of an offence or in consequence of any negligence.
(3) Nothing in subsection (1) or (2) of this section shall prevent the making of Pay Regulations providing for-
(a) the imposition of a forfeiture authorised by this Act or the making of a deduction so authorised, or for the time at which and the manner in which the amounts may be deducted from pay to give effect to the authorised deduction or the manner in which amounts may be so deducted in order to recover a fine imposed in pursuance of this Act, or as to the appropriation of the sum or amount when deducted; or
(b) the determination of questions relating to forfeitures or deductions.
(4) Notwithstanding a deduction from the pay of a person subject to service law under this Act, he shall (subject to any forfeiture) remain in receipt of pay at not less than such minimum rate as may be prescribed in Pay Regulations.
(5) Notwithstanding that forfeiture of pay of a person subject to service law under this Act for any period has been ordered in pursuance of this Act, he shall remain in receipt of pay at such a minimum rate as may be prescribed in Pay Regulations, but the amount received for that period may be recovered from him by deduction from pay.
(6) An amount authorised to be deducted from the pay of a person subject to service law under this Act may be deducted from any balance (whether or not representing pay) which may be due to him as an officer, soldier, rating or aircraftman and reference in this Act to the making of deductions from pay shall be construed accordingly, and the whole or any part of a sum forfeited from the pay of an offender may be recovered by deduction from that balance.