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

Statutory Rules 1984 No. 2361

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Defence Force (Salaries) Regulations2 (Amendment)

I, THE MINISTER OF STATE FOR DEFENCE, hereby make the following Interim Determination under section 12 of the Defence Amendment Act 1979.

Dated 6 September 1984.

G. SCHOLES

Minister of State for Defence

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General rates of salary payable to members

1. Regulation 8 of the Defence Force (Salaries) Regulations is amended by inserting “and regulation 8e” before “, the rate of salary payable”.

Salary payable to airman aircrew on transfer to 1983 scheme

2. The Defence Force (Salaries) Regulations are amended by inserting before regulation 9 the following regulation:

“8e. (1) Where the rate of salary that would, but for this sub-regulation, be payable to a member who—

(a) is serving in an airman aircrew mustering in accordance with the 1983 Airman Aircrew Scheme (hereinafter called the first-mentioned scheme);

(b) holds the rank of Sergeant, Flight Sergeant or Warrant Officer;

(c) was, immediately before transferring to that first-mentioned scheme, serving in an airman aircrew mustering in accordance with the 1977 Airman Aircrew Scheme; and

 

(d) transferred to that first-mentioned scheme on a day during the period from and including 1 January 1983 to and including 29 February 1984,

is less than his notional salary, the rate of salary payable to him shall be his notional salary.

“(2) In this regulation—

‘1977 Airman Aircrew Scheme’ means the scheme approved by the Chief of the Air Staff on 15 April 1977 and introduced on 1 September 1977 which specified the employment conditions for members of the Air Force who are included in an airman aircrew mustering;

‘1983Airman Aircrew Scheme’ means the scheme approved by the Chief of the Air Staff on 27 October 1982 and introduced on 1 January 1983 which supersedes the 1977 Airman Aircrew Scheme and specifies the employment conditions for members of the Air Force who are included in an airman aircrew mustering;

‘notional salary’, in relation to a member to whom sub-regulation (1) applies (hereinafter called the first-mentioned member), means the rate of salary specified from time to time in Schedule 7 in relation to a member who—

(a) is serving in the same mustering as the first-mentioned member;

(b) holds the rank that is the same rank as that held by the first-mentioned member on the day of the first-mentioned member’s transfer to the 1983 Airman Aircrew Scheme; and

(c) has completed a period of service in the rank referred to in paragraph (b) which is equal to the period of service calculated in accordance with the formula—

where—

A is the period of service, if any, completed by the first-mentioned member in that rank prior to the day of the first-mentioned member’s transfer to the 1983 Airman Aircrew Scheme;

B is the period of service, if any, completed by the first-mentioned member in the rank or ranks, other than the ranks of Corporal or below, which is or are lower than the rank held by the first-mentioned member on the day ofthe first-mentioned member’s transfer to the 1983 Airman Aircrew Scheme;

C is, subject to sub-regulation (3) five-sixths of the period, if any, completed by the first-mentioned member in the rank of Corporal while serving in an airman aircrew mustering; and

D is, where, on the day of the first-mentioned member’s transfer to the 1983 Airman Aircrew Scheme, the first-mentioned member held the rank of—

(i) Sergeant—Nil;

(ii) Flight Sergeant—3 years; or

(iii) Warrant Officer—8 years.

“(3) Where the period of service calculated in accordance with paragraph (c) of the definition of ‘notional salary’ in sub-regulation (2) includes a fraction of a day, that fraction of a day shall—

(a) if the fraction is one-half or greater—be deemed to be one day; or

(b) if the fraction is less than one-half—be disregarded.”.

Application

3. The amendment of the Defence Force (Salaries) Regulations as effected by this Interim Determination in relation to service by a member shall be deemed to have taken effect on 1 January 1983.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 13 September 1984.

2. Statutory Rules 1973 No. 100 as amended to date. For previous amendments see Note 2 to Statutory Rules 1984 No. 1 and see also