Defence Force (Salaries) Regulations (Amendment) (Cth)
I, THE
MINISTER OF STATE FOR DEFENCE, hereby make the following Interim Determination
under section 12 of the
Dated 28 October 1982.
IAN SINCLAIR
Minister of State for Defence
“(9) Where, on appointment, an officer—
(a) is included in the class of members the description of which is specified in the heading to Schedule 4;
(b) holds a rank (hereinafter called the first mentioned rank) specified in that Schedule; and
(c) would, but for this sub-regulation, be entitled to be paid a rate of salary (hereinafter called the first mentioned rate) fixed in accordance with sub-regulation (3),
and that rate—
(d) is greater than the maximum rate of salary specified in that Schedule in relation to the first mentioned rank; and
(e) is less than the maximum rate of salary specified in that Schedule in relation to the rank (hereinafter called the second mentioned rank) that is next higher than the first mentioned rank,
the rate of salary payable to the officer shall, while he holds the first mentioned rank, be the rate specified from time to time in relation to a member who holds
the second mentioned rank and who has completed the number of years service in the second mentioned rank equal to the number of years service in the second mentioned rank for which, on the date of that appointment, the rate that is next higher than the first mentioned rate is appropriate.
“(10) For the purposes of these Regulations, where an officer to whom sub-regulation (9) applies is promoted to the rank referred to as the second mentioned rank in paragraph (9) (e) he shall be deemed, on promotion to that rank, to have completed in that rank the number of years service referred to in sub-regulation (9) plus—
(a) where the rate of salary to which he was entitled under sub-regulation (9) was a rate of salary appropriate to a member of the rank of Lieutenant in the Navy, Captain in the Army or Flight Lieutenant in the Air Force who has completed 1 year or 3 years service in that rank—2 years; and
(b) in any other case— 1 year.”.
“7b. Notwithstanding any other provisions in these Regulations, where, on 5 November 1981, a member (other than an officer to whom regulation 7d applies)—
(a) was included in the class of members the description of which is specified in the heading to Schedule 4;
(b) held a rank specified in that Schedule; and
(c) was entitled to a rate of salary less than the rate to which he would have been entitled had he—
(i) been appointed to that rank on that day; and
(ii) been entitled on the day immediately preceding that day to an amount of salary equal to his notional salary,
he shall, for the purposes of these Regulations, be deemed to have been appointed to that rank on 5 November 1981 and to have been entitled, on the day immediately preceding that day, to an amount of salary equal to his notional salary.
“7c. This regulation applies to a member who—
(a) prior to 5 November 1981 was appointed to a rank (hereinafter called the first mentioned rank) and included in the class of members the description of which is specified in the heading to Schedule 4;
(b) prior to 6 November 1981 was promoted to a rank (hereinafter called the second mentioned rank) specified in that Schedule; and
(c) on 5 November 1981 held the second mentioned rank and was entitled to a rate of salary which is less than the rate of salary to which he would have been entitled if—
(i) on 3 November 1981 he had been entitled to an amount of salary equal to his notional salary;
(ii) on 4 November 1981 he had been appointed to the first mentioned rank and sub-regulation 7 (9) had been in force; and
(iii) on 5 November 1981 he had been promoted to the second mentioned rank.
“7d. Notwithstanding any other provisions in these Regulations, a member to whom regulation 7c applies shall, for the purposes of these Regulations, be deemed to have been—
(a) entitled on 3 November 1981 to an amount of salary equal to his notional salary;
(b) appointed on 4 November 1981 to the first mentioned rank; and
(c) promoted on 5 November 1981 to the second mentioned rank,
and sub-regulation 7 (10) shall be deemed to have applied to him on 5 November 1981 as if sub-regulation 7 (9) had applied to him on 4 November 1981.
“7e. The period of service in a rank to which a member referred to in regulation 7b or 7d was deemed to be appointed or promoted on 5 November 1981, shall not include any service in that rank completed prior to that date.
“7f. (1) In regulations 7b, 7c and 7d ‘notional salary’ in relation to an officer means the rate of salary that would have been payable to that officer on 5 November 1981 had he, on that date—
(a) held the rank which he held immediately before the day on which he was appointed an officer;
(b) completed a period of service in that rank equal to the period of service that he had completed in that rank on the day immediately before his appointment; and
(c) been included in the employment classification in which he was included on the day immediately before his appointment.
(2) In sub-regulation (1) ‘employment classification’ means—
(a) in the case of a member of the Navy—a class of sailors determined by the Minister under sub-regulation 31 (5) of the Naval Financial Regulations;
(b) in the case of a member of the Army—a class of soldiers determined by the Minister under sub-regulation 12b (5) of the Military Financial Regulations; and
(c) in the case of a member of the Air Force—a mustering determined by the Minister under sub-regulation 549 (5) of the Air Force Regulations”.
NOTES
1.
Notified in the
2. Statutory Rules 1973 No. 100 as amended to date. For previous amendments
see Note 2 to Statutory Rules 1982 No. 53 andsee also
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