Defence Force (Salaries) 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 twenty-eighth day of June, 1977.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
D. J. KILLEN
Minister of State for Defence.
Amendments of the Defence Force (Salaries) Regulations
(a) by omitting sub-regulation (1);
(b) omitting from sub-regulation (2) the figure “ (1) ” and substituting the figure and letter “(6b)”;
(c) by omitting sub-regulations (3) and (4) and substituting the following sub-regulations:—
“ (3) Subject to sub-regulations (4), (4a), (6), (6b) and (12), the amount of recreation leave bonus payable to a member under sub-regulation (2) in respect of his service during a leave year shall be calculated in accordance with the formula—
,
where—
L is—
(a) in the case of a member of the Navy who is not a trainee—the number ascertained by dividing the
*
Notified in tile
Statutory Rules 1973, No. 100 as amended to date. For previous amendments of
the Defence Force (Salaries) Regulations
number of days recreation leave credited to the member on the leave credit day applicable to that leave year by the number 7;
(b) in the case of a member of the Army, or of the Air Force, who is not a trainee—the number ascertained by dividing the number of days recreation leave credited to the member on the leave credit day applicable to that leave year by the number 5; or
(c) in the case of a member who is a trainee—the number 6; and
W is the weekly rate of salary payable to the member on—
(a) in the case of a member who is not a trainee—that leave credit day; and
(b) in the case of a member who is a trainee—the day before he proceeds on leave.
“ (4) Subject to sub-regulation (6b), where the amount of recreation leave bonus that would, but for this sub-regulation, be payable to a member who has served during the whole of a leave year in respect of a period of recreation leave granted for service during that leave year exceeds the amount of average weekly earnings in respect of that leave year, the recreation leave bonus payable to the member in respect of that period of recreation leave shall be an amount equal to the amount of average weekly earnings.
“ (4a) Subject to sub-regulation (6b), where the amount of recreation leave bonus that would, but for this sub-regulation, be payable to a member who has not served during the whole of a leave year in respect of a period of recreation leave granted for service during that leave year exceeds an amount calculated in accordance with the formula—
where—
A is the number of days of recreation leave credited to the member in respect of his service during that leave year;
B is the amount of average weekly earnings in respect of that leave year; and
C is the sum of the number of days of basic recreation leave that would have been credited to the member in respect of his service during that leave year if he had served during the whole of that leave year and the number of days of recreation leave credited to him in respect of the special circumstances or nature of his service during that leave year,
the recreation leave bonus payable to the member in respect of that period of recreation leave shall be an amount equal to the amount calculated in accordance with that formula.”;
(d) by omitting from sub-regulation (6aa) the words “ or pay ” (wherever occurring);
(e) by omitting sub-regulation (6a) and substituting the following sub-regulations:—
“ (6a) Where, during a leave year, a member—
(a) because of the exigencies of the service, is granted a period of recreation leave that will exceed his recreation leave credit at the time when that leave is to commence by a period of 1 week or more; or
(b) for any other reason, is granted recreation leave that will exceed his recreation leave credit at the time when that leave is to commence by a period of 2 weeks or more,
the member shall be paid an amount equal to the amount that would have been payable to him if—
(a) he ceased to be a member when that leave commences;
(b) the rate of salary applicable to ‘him was the rate of salary applicable to him on the last-preceding first day of July; and
(c) the average weekly earnings applicable to that leave year were the average weekly earnings applicable to the leave year immediately preceding that first-mentioned leave year.
“ (6b) Where a member has been paid an amount under sub-regulation (6a) in respect of leave granted during a leave year, the amount of recreation leave bonus that would, but for this sub-regulation, be payable to the member in respect of his service during that leave year—
(a) where the first-mentioned amount equals or exceeds the second-mentioned amount—is not payable to the member; and
(b) where the first-mentioned amount is less than the second-mentioned amount—is an amount equal to the difference between those amounts.”;
(f) by omitting from sub-regulation (7) the words “ Subject to sub-regulation (9a), recreation ” and substituting the word “ Recreation ”;
(g) by omitting from paragraph (a) of sub-regulation (7) the words “ his commanding officer or to the Minister ” and substituting the words “ an officer authorized to grant him recreation leave ”; and
(h) by omitting sub-regulation (9a) and substituting the following sub-regulations:—
“ (10) Where a member is not entitled to receive salary and allowances in respect of service on a leave credit day under the provisions applicable to the member specified in the definition of ‘ rate of salary ’ in sub-regulation 14c (1), the member shall be deemed to have received on that leave credit day the salary and allowances to which he would have been entitled if he had received on that day the salary and allowances to which he would have been entitled in respect of the duties normally performed by him and the conditions of service normally applicable to him.
“ (11) Subject to sub-regulation (12), for the purposes of this regulation, the weekly rate of salary of a member shall be calculated in accordance with the formula—
,
where R is the rate of salary of the member.
“ (12) Where the amount ascertained in accordance with the formula in sub-regulation (3), (4a) or (11) includes a proportion of a cent, that proportion of a cent shall be deemed to be one cent.”.
“ 14b. (1) Subject to sub-regulation (6), where a member ceases to be a member during a leave year, there is payable an allowance equal to the amount of recreation leave bonus that would have been payable to him in respect of his service if he had—
(a) not ceased to be a member;
(b) not rendered any further service during that leave year after the time when he ceased to be a member;
(c) been granted a period of recreation leave in respect of his service equal to the sum of the recreation leave credit (if any) credited to him, but not taken by him in respect of his service before that leave year and the recreation leave credit which would have accrued to him in respect of his service during that leave year; and
(d) the average weekly earnings applicable to that leave year were the average weekly earnings applicable to the leave year immediately preceding that first-mentioned leave year.
“ (2) Subject to sub-regulation (3), the allowance referred to in sub-regulation (1) is payable to—
(a) where the member ceases to be a member by reason of his death—the legal personal representative of the member; and
(b) where the member ceases to be a member for any other reason—the member.
“ (3) The Minister may direct that the amount of allowance that would, but for this sub-regulation, be payable to the legal personal representative of a member who ceases to be a member by reason of his death, be paid to—
(a) a dependant of the member; or
(b) 2 or more dependants of the member in proportions fixed by the Minister.
“ (4) The Minister shall, before giving a direction under sub-regulation (3), have regard to the economic circumstances of the dependants of the member and to the economic loss suffered by those dependants as a result of the death of the member.
“ (5) Where the Minister is satisfied that a dependant of a member is under a legal disability, the Minister may direct that the amount of allowance, or the proportion of that amount, that he would, but for that disability, have directed under sub-regulation (3) be paid to that dependant be paid to a trustee upon such trusts for the benefit of that dependant as the Minister determines and, where that amount or proportion of an amount is paid to that trustee, it shall, for the purposes of sub-regulation (3), be deemed to have been paid to that dependant.
“ (6) Where, upon the death of a
member, the amount of an allowance, being an allowance that would, but for this
sub-regulation, be payable under sub-regulation (1) in respect of the service
of a member, would be
“ (7) Where the Minister is satisfied that—
(a) a member is dead; and
(b) the actual date on which the member died has not, and is not likely to be, discovered,
the Minister shall fix a date, being—
(c) where it is reasonable to suppose that the member died on or about a certain date—that last-mentioned date; and
(d) in any other case—the last date on which it can be shown that the member was alive,
and, where the Minister fixes a date in accordance with this sub-regulation, the member shall, for the purposes of this regulation, be deemed to have died on the date so fixed.”.
(a) by inserting, after the definition of “ average weekly earnings ”, the following definition:—
“ ‘ basic recreation leave ’ in relation to a member, means the period of recreation leave applicable to the member in respect of his service during a leave year, other than any period of recreation leave applicable to the member by reason of the special circumstances or nature of his service;”;
(b) by omitting from paragraph (a) of the definition of “ leave credit day ” the words “ or a home service leave credit ”;
(c) by adding at the end of paragraph (a) of the definition of “ leave credit day ” the word “ and ”;
(d) by omitting paragraphs (b) and (c) of the definition of “ leave credit day ”;
(e) by adding at the end of paragraph (a) of the definition of “ leave year ” the word “ and ”;
(f) by omitting paragraphs (b) and (c) of the definition of “ leave year ”;
(g) by inserting, after the definition of “ leave year ”, the following definition:—
“ ‘ rate of salary ’, in relation to recreation leave granted to a member in respect of service during a leave year, means the sum of the amounts of salary and allowances paid or payable to that member in respect of the leave credit day applicable to that leave year under any of the following regulations:—
(a) regulations 5, 6, 7, 8, 9, 10 and 16;
(b) regulations 18, 24, 38, 40, 76, 76a, 107, 108, 110 and 113 of the Naval Financial Regulations;
(c) regulations 13, 28, 29, 33, 33a, 34, 41, 43 and 46 of the Military Financial Regulations;
(d) regulations 549b, 552 552a, 553a, 553b, 5560, 556k and 614 of the Air Force Regulations;”;
(h) by omitting the definition of “ week ” and substituting the following definition:—
“ ‘ week ’, in relation to a period of recreation leave taken by, or granted to—
(a) a member of the Navy—means a period of 7 days recreation leave including Saturdays, Sundays or public holidays; and
(b) a member of the Army or of the Air Force—means a period of 5 days recreation leave not including Saturdays, Sundays or public holidays.”; and
(i) by adding at the end thereof the following sub-regulation:—
“ (2) In regulations 14a and 14b and in sub-regulation (1) a reference to a member shall be read as including a reference to—
(a) the Chief of Defence Force Staff;
(b) the Chief of Naval Staff;
(c) the Chief of the General Staff; and
(d) the Chief of the Air Staff.”.
(a) in the case of a member, other than a trainee—in respect of service on or after 1 July 1976; and
(b) in the case of a trainee—in respect of recreation leave granted on or after 1 July 1977.
(2) The Defence Force (Salaries) Regulations, as in force immediately before the commencement of these Regulations, apply to recreation leave granted to a trainee before 1 July 1977.
(3) In this regulation, “ member ” and “ trainee ” have the same respective meanings as in regulations 14a and 14b of the Defence Force (Salaries) Regulations
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