Defence Force (Furlough) Regulations (Amendment) (Cth)

Statutory Rules 1981 No. 181

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Defence Force (Furlough) Regulations2 (Amendment)

I, THE MINISTER OF STATE FOR ADMINISTRATIVE SERVICES acting for and on behalf of the Minister of State for Defence, hereby make the following Interim Determination under section 12 of the Defence Amendment Act 1979.

Dated 16 February 1981.

KEVIN NEWMAN

Minister of State for Administrative Services for and on behalf of the Minister of State for Defence

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Salary of a Member

Regulation 10 of the Defence Force (Furlough) Regulations is amended—

(a) by omitting sub-paragraphs (ii) and (iii) of paragraph (b) of sub-regulation (1) and substituting the following sub-paragraphs:

“(ii) the Chief of Staff has certified in writing that, for the period specified in the certificate, being a period that is the same as, or includes, part of the period of furlough, the member could, if he were not absent on furlough, reasonably have been expected to have held the temporary or acting rank that he held or would, but for his absence on leave, have held on the day before the prescribed day;

(iii) in the event that a member has held or would, but for his absence on leave or furlough, have held, for periods that were continuous with one another and with the period of furlough, 2 or more temporary or acting ranks, each of which is higher than the member’s substantive rank, the Chief of Staff has certified in writing that, for the period specified in the certificate, being a period that is the same as, or includes, part of the

 

period of furlough, the member could, if he were not absent on furlough, reasonably have been expected to have held one of those temporary or acting ranks; and”;

(b) by omitting at the end of sub-paragraph (i) of paragraph (c) of sub-regulation (4) “and”;

(c) by omitting sub-paragraph (ii) of paragraph (c) of sub-regulation (4) and substituting the following sub-paragraphs:

“(ii) the Chief of Staff has certified in writing that, for the period specified in the certificate, being a period that is the same as, or includes, part of the period of furlough, the member could, if he were not absent on furlough, reasonably have been expected to perform the duties that he was performing or would, but for his absence on leave, have performed on the day before the prescribed day;

(iii) in the event that a member has performed or would, but for his absence on leave or furlough, have performed, for periods that were continuous with one another and with the period of furlough, the duties of 2 or more positions the rank for each of which is higher than the member’s substantive rank, the Chief of Staff has certified in writing that, for the period specified in the certificate, being a period that is the same as, or includes, part of the period of furlough, the member could, if he were not absent on furlough, reasonably have been expected to perform the duties of one of those positions; and

(iv) the period specified in the certificate referred to in subparagraph (ii) or (iii) is a period that commences on the expiration of the day before the prescribed day or on the expiration of a period specified in a certificate given in accordance with sub-paragraph (ii) or (iii) by the Chief of Staff in respect of another part of the period of furlough of the member; or”;

(d) by omitting from paragraph (a) of sub-regulation (5) “(1) (b) (iii)” wherever occurring and substituting “(4) (c) (iii)”; and

(e) by inserting after sub-regulation (5) the following sub-regulations:

“(5a) Subject to sub-regulation (5b) where—

(a) before the prescribed day a member held an acting or temporary rank for a period (hereinafter called the first-mentioned period) and was entitled to an allowance under a regulation specified in paragraph (d) of sub-regulation (3) for a period (hereinafter called the second-mentioned period); and

(b) the first-mentioned period and the second-mentioned period were continuous with one another and with the period of furlough,

the member shall be deemed, for the purposes of sub-regulations (3), (4) and (5), to have received an allowance under a regulation specified

in sub-regulation (3) during that first-mentioned period at a rate equal to the amount by which the rate of salary payable to that member in respect of that rank exceeded the amount payable to him in respect of his substantive rank.

“(5b) Sub-regulation (5a) does not apply to a member to whom paragraph (b) of sub-regulation (1) or paragraph (b) of sub-regulation (2) applies.”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 24 February 1981.

2. Statutory Rules 1979 No. 21 as amended by 1979 Nos. 256 and 260; 1980 Nos. 93, 147, 303 and 354.