Defence Force (Reserves) (Financial) Regulations (Amendment) (Cth)
REGULATIONS
UNDER THE DEFENCE ACT 1903, THE NAVAL DEFENCE ACT 1910 AND THE AIR FORCE ACT 1923
I, THE
GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of
the Federal Executive Council, hereby make the following Regulations under the
Dated this fourteenth day of February 1979.
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
––––––––––
AMENDMENTS OF THE
DEFENCE FORCE (RESERVES) (FINANCIAL) REGULATIONS
“ ‘approved category’ means a category of members approved by the Minister under regulation 6a;”.
(a) by inserting in sub-regulation (2) “other than a member referred to in sub-regulation (2a)” after “member”; and
(b) by inserting after sub-regulation (2) the following sub-regulation:
“(2a) Where a member included in an approved category renders reserve service on a day for a period of less than one hour, he shall not be paid an amount under sub-regulation (1) in respect of that service.”.
“6a. (1) the Minister may determine that a category of members is an approved category for the purpose of these Regulations.
“(2) In making a determination under sub-regulation (1), the Minister shall have regard to—
(a) the special skills or qualifications of members of the category;
(b) the special positions or offices held by members of the category; and
(c) the nature of the duties normally performed by members of the category.
“(3) The Minister shall not make a determination under this regulation with respect to members of a category unless he is satisfied that the duties normally performed by members of the category are of such a nature as would normally be performed within a period of less than 2 hours.
“(4) A determination under sub-regulation (1)—
(a) takes effect from the date on which it is made or, if it is expressed to take effect from some other date, that other date;
(b) shall not be expressed to take effect—
(i) from a date before that sub-regulation came into operation; or
(ii) from a date that is more than 2 years before the date on which it is made; and
(c) shall not be expressed to take effect from a date before the date on which it was made in a case where, if it so took effect—
(i) the rights of a person (other than the Commonwealth or an authority of the Commonwealth) existing at the date on which it is made would be affected in a manner prejudicial to that person; or
(ii) liability would be imposed on a person (other than the Commonwealth or an authority of the Commonwealth) in respect of anything done or omitted to be done before the date on which it is made.
(a) by inserting in sub-regulation (1) “,or for periods amounting in the aggregate to,” after “for a period of”;
(b) by inserting in paragraph (a) of sub-regulation (1) “,or those periods of service are,” after “service is”; and
(c) by inserting after sub-regulation (1) the following sub-regulations:
“(1a) Subject to sub-regulation (2), where a member included in an approved category renders reserve service on a day for a period of not less than 1 hour but less than 2 hours, he shall be paid in respect of that service an amount equal to one-sixth of the amount that the member would, but for this sub-regulation, be entitled to be paid in respect of that service.
“(1b) In calculating the amount payable to a member under sub-regulation (1), regard shall not be had to a period or periods of service on a day of less than 2 hours.”.
Notes
1 Notified in the Commonwealth of Australia Gazette on 21 February 1979.
2 Statutory Rules 1976 No. 16 as amended by Statutory Rules 1976 Nos. 41, 75, 82, 137, 198 and 264; 1977 Nos. 81, 97, 160, 174 and 280; and 1978 Nos. 5, 51, 117 and 240.
0
0
0