Military Rehabilitation and Compensation Amendment Regulations 2004 (No. 1) (Cth)

Military Rehabilitation and Compensation Amendment Regulations 2004 (No. 1)1

Statutory Rules 2004 No. 3502

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Military Rehabilitation and Compensation Act 2004.

Dated 1 December 2004

P. M. JEFFERY

Governor-General

By His Excellency’s Command

DE-ANNE KELLY

Minister for Veterans’ Affairs

1Name of Regulations

These Regulations are the Military Rehabilitation and Compensation Amendment Regulations 2004 (No. 1).

2Commencement

These Regulations are taken to have commenced on 1 July 2004.

3Amendment of Military Rehabilitation and Compensation Regulations 2004

Schedule 1 amends the Military Rehabilitation and Compensation Regulations 2004.

Schedule 1Amendment

(regulation 3)

[1]After Part 4

insert

Part 5Indexation of certain pay and earnings

19Indexation of pre-CFTS pay and civilian daily earnings

1. (1)

   For paragraph 182 (1) (a) of the Act, the index for section 182 of the Act is Total hourly rates of pay excluding bonuses, contained in 6345.0 Wage Cost Index, Australia, published by the Australian Bureau of Statistics, and as in force from time to time.

2. (2)

   For paragraph 182 (1) (b) of the Act, the manner of working out an increase in the amount of a person’s pre-CFTS pay or civilian daily earnings is:

   1. (a)

      to assume that the pre-CFTS pay or civilian daily earnings is a dollar amount to be indexed under subsection 404 (1) of the Act; and

   2. (b)

      to treat the December index number mentioned in section 404 of the Act as the value for ‘December’ in the tables of the index set out in subregulation (1) under the headings ‘Sector’, ‘Original’ and ‘All Sectors’.

20Indexation of $100 in ADF pay

1. (1)

   For paragraph 183 (1) (a) of the Act, the index for section 183 of the Act is created by:

   1. (a)

      treating a base amount of 100 as being in effect on 31 December 2001; and

   2. (b)

      applying to the base amount the percentage increases required in each subsequent calendar year in accordance with the ADF Workplace Remuneration Agreement.

2. (2)

   For paragraph 183 (1) (b) of the Act, the manner of working out the increase in an amount of $100 mentioned in that paragraph is:

   1. (a)

      for the year ending on 31 December 2002 — to multiply the amount of $100 by the value of 104.55, and divide the result by 100; and

   2. (b)

      for the year ending on 31 December 2003 — to multiply the amount of $100 by the value of 107.69, and divide the result by 100; and

   3. (c)

      for each subsequent calendar year — to multiply the amount of $100 by the value of the index set out in subregulation (1) on 31 December in that year, and divide the result by 100.

Note The values mentioned in paragraphs (2) (a) and (b) are the values for 2002 and 2003 worked out using the index set out in subregulation (1).

Notes

1. These Regulations amend Statutory Rules 2004 No. 156.

2. Notified in the Commonwealth of Australia Gazette