Defence Force (Reserves) (Financial) Regulations (Amendment) (Cth)

Statutory Rules

1980 No. 94

REGULATION UNDER THE DEFENCE ACT 1903, THE NAVAL DEFENCE ACT 1910 AND THE AIR FORCE ACT 19231

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923.

Dated this first day of May 1980.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

J. E. MCLEAY

Minister of State for Administrative Services

for and on behalf of the Minister of State for Defence

 

Amendment of the Defence Force (Reserves) (Financial) Regulations2

 The Defence Force (Reserves) (Financial) Regulations are amended by inserting after regulation 5 the following regulation:

Payment of supplementary amount

• “5A.

  (1) In this regulation, unless the contrary intention appears —

‘member’, in relation to a training year, means a member who has a training commitment —

• (a)

  during the whole of that training year; or

• (b)

  in the case of a person who is not a member during the whole of a training year — for the part of that training year during which he is a member;

‘training year’ means a period of 12 months that commenced on 1 July 1979 or commences on 1 July in any subsequent year.

• “(2)

  Where —

  • (a)

    a member has rendered reserve service, in a training year, in respect of which he is not entitled to be paid under regulation 5 by reason of a determination referred to in sub-regulation 277 (2) of the Naval Financial Regulations, sub-regulation 193 (4) or paragraph 193 (5) (a) of the Military Financial Regulations, or sub-regulation 646 (4) of the Air Force Regulations; and

  • (b)

    had the member been entitled to be paid under regulation 5 in respect of that reserve service, he would have been entitled to be paid for one or more days of that reserve service at a rate or rates exceeding the rate or rates at which he is entitled to be paid under that regulation for one or more days of his reserve service in that training year,

he is entitled to be paid a supplementary amount in respect of that training year calculated in accordance with the formula —

A – B

where —

• A

  is the total amount the member, had he been entitled to be paid under regulation 5 in respect of his reserve service on the days referred to in paragraph (b) in respect of which he is not entitled to be paid under that regulation that are equal in number to the days of his reserve service referred to in that paragraph in respect of which he is entitled to be paid under that regulation, would have been entitled to be paid under that regulation in respect of his reserve service on those days, being a total amount that is not less than the total amount he would have been entitled to be paid under that regulation in respect of his reserve service on any other of those days of equal number; and

• B

  is the total amount the member is entitled to be paid under regulation 5 in respect of his reserve service on the days referred to in paragraph (b) in respect of which he is entitled to be paid under that regulation that are equal in number to the days referred to in the definition of A and in respect of which he is entitled to be paid under that regulation a total amount that is not greater than the total amount he is entitled to be paid under that regulation in respect of any other days of equal number referred to in that paragraph.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 9 May 1980.

2. Statutory Rules 1976 No. 16 as amended to date. For previous amendments see Note 2 to Statutory Rules 1980 No. 10 and see also