Statutory Rules
1980 No. 93
INTERIM DETERMINATION UNDER THE DEFENCE AMENDMENT ACT 19791
I, the Minister of State for Administrative Services acting for and on behalf of the Minister of State for Defence, hereby make the following Interim Determination under section 12 of the Defence Amendment Act 1979.
Dated this eighteenth day of April 1980.
J. E. MCLEAY
Minister of State for Administrative Services
for and on behalf of the
Minister of State for Defence
Amendments of the Defence Force (Furlough) Regulations2
Salary of a member
1. Regulation 10 of the Defence Force (Furlough) Regulations is amended —
(a) by omitting paragraph (1) (b) and substituting:
“(b) where
(i) the member held immediately before the prescribed day, a temporary or acting rank higher than his substantive rank;
(ii) the Chief of Staff has certified in writing that, for the period specified in the certificate, being a period that is the same as, or includes, part of the period of furlough, the member could, if he were not absent on furlough, reasonably have been expected to perform the duties that he was performing or would, but for his absence on leave, have performed on the day before the prescribed day;
(iii) in the event that a member has performed or would, but for his absence on leave or furlough, have performed, for periods that were continuous with one another and with the period of furlough, the duties of 2 or more positions the rank for each of which is higher than the member's substantive rank, the Chief of Staff has certified in writing that, for the period specified in the certificate, being a period that is the same as, or includes, part of the period of furlough, the member could, if he were not absent on furlough, reasonably have been expected to perform the duties of one of those positions; and
(iv) the period specified in the certificate referred to in sub-paragraph (ii) or (iii) is a period that commences on the expiration of the day before the prescribed day or on the expiration of a period specified in a certificate given in accordance with sub-paragraph (ii) or (iii) by the Chief of Staff in respect of another part of the period of furlough of the member,
salary at the rate from time to time applicable during the period specified in the certificate referred to in sub-paragraph (ii) or (iii) to the temporary or acting rank for the position the duties of which the Chief of Staff in pursuance of sub-paragraph (ii) or (iii) has certified that the member could reasonably have been expected to perform, but for that member's absence on furlough, during that specified period.”;
(b) by omitting paragraph (c) from sub-regulation (4) and substituting:
“(c) in respect of an allowance payable under a regulation specified in paragraph (3) (d) to a member who is granted furlough —
(i) that allowance has been paid or is payable to the member in respect of his duties on the day before the prescribed day; and
(ii) the conditions referred to in sub-paragraphs (ii), (iii) and (iv) of paragraph (1) (b) are fulfilled in relation to the member.”;
(c) by adding at the end of sub-regulation (4) the following paragraph:
“(d) in respect of an allowance payable under a regulation specified in paragraph (3) (d) to a member to whom payment in lieu of furlough is made, that allowance was payable —
(i) during the whole of the period of 12 months immediately preceding the prescribed day; or
(ii) during a period, or periods, amounting to 3 of the 5 years immediately preceding the prescribed day.”; and
(d) by omitting sub-regulation (5) and substituting:
“(5) Where, for the purposes of these Regulations,
(a) the salary of a member who is granted furlough and to whom sub-paragraph (1) (b) (iii) applies includes under paragraph (4) (c) an allowance referred to in paragraph (3) (d) in respect of any part of a period of furlough and where the Chief of Staff has, in accordance with paragraph (1) (b) (iii) specified in a certificate given in respect of that part of a period of furlough of the member, a position other than the position the duties of which the member was performing, or would, but for his absence on leave, have performed on the day before the prescribed day, that allowance is to be included in the salary payable to the member in respect of that part of the period of furlough at the rate from time to time applicable to the rank for that first-mentioned position; or
(b) an allowance payable under a regulation specified in paragraph (3) (d) is to be included in the salary of a member to whom or in respect of whom payment in lieu of furlough is made and during the qualifying period or periods required by virtue of paragraph (4) (d), the member performed the duties of 2 or more positions, the rate at which the allowance is to be included in the member’s salary shall be determined by reference to the lower or lowest of the ranks for those positions.”.
Application
2. Subject to clause 3, the Defence Force (Furlough) Regulations as amended by this Interim Determination shall apply in respect of a grant of furlough that commences on or after 7 March 1979.
Transitional
3. (1) Where paragraph 10 (1) (b) or 10 (4) (c) and sub-regulation 10 (5) of the former Regulations would, if the amendments of the Defence Force (Furlough) Regulations effected by this Interim Determination had not come into operation, apply to a member in relation to the whole of a period of furlough that commenced before 7 March 1979 and ends after 6 March 1979, the provisions of paragraph 10 (1) (b) or 10 (4) (c) and sub-regulation 10 (5) of the former Regulations, as the case may be, shall continue to apply to the member in respect of that period of furlough as if those amendments had not come into operation.
(2) Where —
(a) a prescribed member has proceeded on furlough at any time after 6 March 1979 and the Chief of Staff has, in accordance with sub-paragraph 10 (1) (b) (ii) or 10 (1) (b) (iii) of the amended Regulations, given —
(i) a certificate in respect of a part of the period of furlough of the prescribed member; or
(ii) certificates in respect of 2 or more parts of that period of furlough the aggregate of which is less than the whole of the period;
(b) paragraph 10 (1) (b) or 10 (4) (c) and sub-regulation 10 (5) of the former Regulations would, but for the amendments effected by this Interim Determination, apply to the prescribed member in respect of that period of furlough; and
(c) the amount of an allowance referred to in paragraph 10 (3) (d) or salary applicable to temporary or acting rank that would be payable to the prescribed member in respect of the whole of that period of furlough if paragraph 10 (1) (b) or 10 (4) (c) and sub-regulation 10 (5) of the former Regulations, as the case may be, so applied to him, exceeds the amount of that allowance or salary applicable to temporary or acting rank that, but for this sub-regulation, the prescribed member would be entitled to receive in respect of the whole of that period of furlough by virtue of paragraph 10 (1) (b) or 10 (4) (c) and sub-regulation 10 (5) of the amended Regulations as the case may be,
the provisions of paragraph 10 (1) (b) or 10 (4) (c) and sub-regulation 10 (5) of the former Regulations, as the case may be, shall apply to the member in respect of that period of furlough as if the amendments effected by this Interim Determination had not come into operation.
(3) In this clause, unless the contrary intention appears —
“prescribed member” means a member who has received or is entitled to receive, in respect of the day that, in relation to him, was the day of service immediately preceding 7 March 1979 and each day after 6 March 1979 that was, or is a day of service in relation to him, a salary that was deemed or is deemed to be salary applicable to temporary or acting rank or to include an amount in respect of an allowance referred to in paragraph (3) (d);
“the amended Regulations” means the Defence Force (Furlough) Regulations as amended by this Interim Determination;
“the former Regulations” means the Defence Force (Furlough) Regulations as in force immediately before the commencement of this Interim Determination;
“day of service”, in relation to a member, means any day on which the member is or would, but for his absence on leave, be, required to render service.
NOTES
1. Notified in the Commonwealth of Australia Gazette on 2 May 1980.
2. Statutory Rules 1979 Nos. 21, 256 and 260.