Defence Force (Salaries) Regulations (Amendment) (Cth)

Statutory Rules

1974 No. 77

REGULATIONS UNDER THE DEFENCE ACT 1903-1973, THE NAVAL DEFENCE ACT 1910-1973 AND THE AIR FORCE ACT 1923-1973.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Defence Act 1903-1973, the Naval Defence Act 1910-1973 and the Air Force Act 1923-1973.

Dated this fifteenth day of May, 1974.

PAUL HASLUCK

Governor-General.

By His Excellency’s Command,

LANCE BARNARD

Minister of State for Defence.

Amendments of the Defence Force (Salaries) Regulations

1. After regulation 14 of the Defence Force (Salaries) Regulations the following regulations are inserted:—

Recreation leave bonus.

“ 14a. (1) This regulation applies to recreation leave granted in respect of service rendered on or after 1 January 1972.

“ (2) An allowance, called recreation leave bonus, is payable to a member in accordance with this regulation in respect of recreation leave granted to the member for service in a leave year.

“ (3) Subject to sub-regulations (4), (5), (6) and (12) the amount of recreation leave bonus payable to a member under sub-regulation (2) shall be calculated in accordance with formula—

,

where L is—

(a) in the case of a member other than a trainee—the number ascertained by dividing the number of days recreation leave credited to the member on the relevant leave credit day by the number 5; or

(b) in the case of a trainee—the number 6,

and W is the weekly rate of salary payable to the member on the relevant day.

* Notified in the Australian Government Gazette on 21 May 1974.

  Statutory Rules 1973, No. 100, as amended by Statutory Rules 1973, Nos. 132, 201, 203, 249 and 269; and 1974, No. 71.

“ (4) Subject to sub-regulation (12), the amount of recreation leave bonus payable to a member in respect of recreation leave granted in respect of service during the period from and including 1 January 1972 to and including the prescribed day, shall be calculated in accordance with the formula specified in sub-regulation (3) as if W were an amount calculated in accordance with the formula—

where D is—

(a) in the case of a member who on the leave credit day relevant to that period was in receipt of, or was entitled to receive, marriage allowance under the Service Financial Regulations as in force on that leave credit day—the sum of the amount of $0.80 and of the amount of such of the allowances and pay as were applicable to the member on that leave credit day under—

(i) regulation 9, 10, 12, 13, 15, 15a, 16, 18, 24, 25, 29, 30, 31, 31a, 32, 38, 39, 40, 76, 76a, 79b, 80, 81, 82, 83, 84, 107, 107a, 108, 110, 113, 252, 253, 253a, 253b or 254 of the Naval Financial Regulations as in force on that leave credit day;

(ii) regulation 10, 11, 12, 12a, 12aa, 12aaa, 12aab, 12ba, 12bb, 12bc, 12c, 12d, 12f, 12g, 12h, 13, 19, 20, 21, 22, 28, 29, 33, 33a, 34, 37, 41, 42, 43 or 46 of the Military Financial Regulations as in force on that leave credit day; or

(iii) regulation 543, 544, 548, 549, 549a, 550, 551, 552, 553a, 553b, 555, 555a, 556, 556j, 556k, 614, 615 or 633a of the Air Force Regulations as in force on that leave credit day; or

(b) in the case of any other member—the sum of the amount of $1.42 and of the amount of such of the allowance and pay as were applicable to the member on that leave credit day under the provisions specified in paragraph (a).

“ (5) Where the amount of recreation leave bonus that would, but for this sub-regulation be payable to a member in respect of a period of recreation leave granted for service during a 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.

“ (6) Where the amount of recreation leave bonus that would, but for this sub-regulation, be payable to a trainee in respect of a period of recreation leave granted to the trainee in respect of service during a leave year exceeds the amount equal to the percentage (being the percentage specified in column 3 of an item in Schedule 16 opposite the capacity in which the trainee is being trained and, where appropriate, the year of the course of training that he is undergoing specified in column 2) of average weekly earnings, the trainee shall be paid the lesser amount.

“ (6a) Where the leave credit day applicable to a member in respect of his service during a leave year is any day before the first day of July in a year and the amount of recreation leave bonus that would have been payable to the member in respect of recreation leave granted for his service during that leave year is less than the amount that he would have been paid if the relevant leave credit day had, for the purposes of calculating the rate of salary of the member, been that first day of July, the member shall be paid that greater amount.

“ (7) Subject to sub-regulations (8) and (9a), recreation leave bonus accrues due, and is payable, to a member in respect of his service during a leave year—

(a) where the member elects by notice in writing delivered to his commanding officer or to the relevant Service Board—on the last day on which the member is paid salary and annual allowances in accordance with regulation 21 before proceeding on a period of recreation leave granted in respect of his service during that leave year, being a period of recreation leave which equals or exceeds one week; or

(b) where the member does not elect in accordance with paragraph (a)—on the last day on which the member is paid salary and annual allowances in accordance with regulation 21 before proceeding on a period of recreation leave granted to him in respect of his service during that leave year, being a period of recreation leave which equals or exceeds, or, with any period or periods of recreation leave previously taken by the member in respect of his service during that leave year, equals or exceeds, a period of recreation leave, the duration of which is one week less than the period of the credit of recreation leave applicable to the member in respect of his service during that leave year.

“ (8) Recreation leave bonus accrues due, and is payable, to a trainee in respect of his service during a leave year—

(a) on the last day in the month of December next succeeding the relevant leave credit day on which the trainee is paid salary and annual allowances in accordance with regulation 21; or

(b) where the trainee will not be paid salary and annual allowances in accordance with regulation 21 during the month of December next succeeding the relevant leave credit day by reason of the fact that the trainee will be absent from the place at which he is serving during a period of recreation leave granted to him, on the last day on which the trainee is paid salary and allowances in accordance with regulation 21 before proceeding on that period of recreation leave.

“ (9) For the purposes of this regulation, where a member is granted a period of recreation leave in respect of his service during more than one leave year, the member shall be deemed to have been granted a separate period of recreation leave in respect of the period of recreation leave granted in respect of service during each of those leave years.

“ (9a) Where recreation leave bonus payable in respect of recreation leave granted to a member for service before the date of commencement of this sub-regulation would, but for this sub-regulation, accrue due to the member before that date, that recreation leave bonus accrues due to that member on that date.

“ (10) Where a member, for any reason other than the fact that he has been granted leave without pay, 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 regulation 14c, 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, but for that reason, 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), (4) or (11) includes a proportion of a cent, that proportion of a cent shall be deemed to be one cent.

Allowance in respect of recreation leave where person ceases to be member.

“ 14b. (1) Where a person ceases to be a member, an allowance equal to the amount of recreation leave bonus that would have been payable to that person in respect of his service before the date on which he ceased to be a member, being service in respect of which recreation leave bonus has not been paid, or has not accrued due, to the member, if—

(a) he had not ceased to be a member; and

(b) he had been granted, on the date on which he ceased to be a member, a period of recreation leave equal to the sum of the period of recreation leave credited to, and not taken by, the person on or before that date and the period of recreation leave that would have been credited to the person in respect of his service during the period commencing on the leave credit day immediately preceding the date on which he ceased to be a member and ending on that last-mentioned date, if he had continued to be a member until the leave credit day immediately succeeding the date on which he ceased to be a member,

is payable in accordance with sub-regulation (2).

“ (2) The allowance payable under sub-regulation (1) is payable to—

(a) in the case of a person who ceased to be a member by reason of his death—the personal representative of that person; and

(b) in the case of a person who ceases to be a member for any other reason—that person.

Interpretation.

“ 14c. In regulations 14a and 14b—

‘ average weekly earnings ’, in relation to a leave year, means the amount specified in the publication known as the ‘ Australia (Original) Average Weekly Earnings Per Employed Male Unit ’ issued by the Statistician in respect of the period commencing on the first day of January in that leave year and ending on the thirty-first day of March in that leave year;

‘ leave credit day ’ means—

(a) in the case of a member who was eligible to be credited with a recreation leave credit or a home service leave credit on the first day of July of any year—that day;

(b) in the case of a member who, by reason of the nature of his service, is credited, before the first day of July in any year, with the whole or part of the recreation leave credit or home service leave credit that, in respect of a leave year, would have been credited to him on that day—the day on which that leave credit arises; or

(c) in the case of a person who is not a member on the first day of July of any year but was a member at some time during the period of 12 months immediately preceding that day—the first day of July immediately preceding the first-mentioned first day of July;

‘ leave year ’ means the period of twelve months immediately preceding a leave credit day;

‘ recreation leave ’, in relation to a member of the Naval Forces, means home service leave;

‘ rate of salary ’, in relation to a member, means the sum of the amounts of salary and allowances payable to that member on the relevant leave credit day under—

(a) regulations 5, 6, 7, 8, 9, 10, 16 and 32 of these Regulations or any of those regulations;

(b) regulations 18, 24, 38, 40, 76, 76a, 107, 107a, 108, 110, 113 and 254 of the Naval Financial Regulations or any of those regulations;

(c) regulations 13, 28, 29, 33, 33a, 34, 41, 42, 43 and 46 of the Military Financial Regulations or any of those regulations; or

(d) regulations 549b, 552, 552a, 553a, 553b, 556j, 556k, 614 and 633a of the Air Force Regulations or any of those regulations,

as the case requires;

‘ the Statistician ’ has the same meaning as in the Census and Statistics Act 1905-1973;

‘ trainee ’ means a member who—

(a) is undergoing training in a capacity specified in items 3 to 11 (inclusive) of Schedule 9; and

(b) was not, immediately before commencing to undergo training in that capacity, in receipt of salary or pay exceeding the rate of salary or pay normally applicable to members undergoing training in that capacity;

‘ week ’, in relation to a period of recreation leave taken by, or granted to, a member, means a period of five days recreation leave not including Saturdays, Sundays or public holidays.”.

Schedule 10.

2. Schedule 10 to the Defence Force (Salaries) Regulations is amended by omitting the word—

“ Regulation 18 ”

and substituting the word—

“ Regulation 16 ”.

Schedule 16.

3. After Schedule 15 of the Defence Force (Salaries) Regulations the following Schedule is added:—

SCHEDULE 16 Regulation 14a (6)

Column 1	Column 2	Column 3
Item No.	Training Capacity	Percentage of average weekly earnings
1	Junior Trainees, being Junior Musicians, Apprentice Musicians and other Apprentices—
	1st year ................................................................................................	60
	2nd year ..............................................................................................	70
	3rd year ...............................................................................................	81
	4th year ...............................................................................................	91
2	Seamen in the Naval Forces who have not attained the age of 17 years and Junior Recruits in those Forces .. .. .. ..	50
3	Royal Military College Cadets, Air Cadets at the Air Force Academy and Cadet Midshipmen who have entered the Royal Australian Naval College by way of Senior Entry—
	1st year ................................................................................................	70
	2nd year ..............................................................................................	81
	3rd year ...............................................................................................	91
	4th year ...............................................................................................	100
	5th year ...............................................................................................	100
	6th year ...............................................................................................	100
4	Cadet Midshipmen who have entered the Royal Australian Naval College by way of Junior Entry—
	1st year ................................................................................................	50
	2nd year ..............................................................................................	60
	3rd year ...............................................................................................	70
	4th year ...............................................................................................	81
	5th year ...............................................................................................	91
	6th year ...............................................................................................	100
	7th year ...............................................................................................	100
	8th year ...............................................................................................	100
5	Members, not being members referred to in items 5 and 6, undertaking degree courses—
	With 3 years to graduation ....................................................................	81
	With 2 years to graduation ....................................................................	91
	In final year .........................................................................................	100
6	Members of the Naval Forces, and Air Cadets not at the Air Force Academy, undertaking Diploma courses—
	1st year ................................................................................................	60
	2nd year (or matriculation or equivalent entry) .......................................	70
	3rd year ...............................................................................................	81
	4th year ...............................................................................................	91
7	Male Officer Trainees—
	Officer Cadets (Army and Aircrew (Air Force)) .....................................	91
	If completed degree course ...................................................................	100
8	Female Officer Trainees—
	1st year ................................................................................................	91
	If completed degree course ...................................................................	100
9	Midshipmen (Supplementary List)—
	1st year ................................................................................................	91
	2nd year ..............................................................................................	100

Amendments of Statutory Rules 1973, No. 249.

4. Regulation 1 of the amendments of the Defence Force (Salaries) Regulations