Defence Force (Reserves) (Financial) (Modified Application) Regulations

Statutory Rules

1978 No. 251

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

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

Dated this thirteenth day of December 1978.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

J. E. McLEAY

Minister of State for Administrative Services for and on behalf of the Minister of State for Defence

DEFENCE FORCE (RESERVES) (FINANCIAL) (MODIFIED APPLICATION) REGULATIONS

Citation

1. These Regulations may be cited as the Defence Force (Reserves) (Financial) (Modified Application) Regulations.

Interpretation

2. In these Regulations, unless the contrary intention appears, “ dental officer ”, “ medical officer ”, “ member ”, “ officer ” and “ reserve service ” have the same respective meanings as in the Defence Force (Reserves) (Financial) Regulations.†

Medical Officers and Dental Officers— rates of pay, 22 January 1976 to 1 September 1977

3. (1) Where the amount paid under the Defence Force (Reserves) (Financial) Regulations in respect of reserve service during the period that commenced on 22 January 1976 and ended on 29 January 1976 to—

(a) a member who, during that period, performed the duties of an appointment referred to in sub-regulation (2); or

* Notified in the Commonwealth of Australia Gazette on 19 December 1978.

† Statutory Rules 1976 No. 16 as amended by Statutory Rules 1976 Nos. 41, 75, 82, 137, 198 and 264; 1977 Nos. 81, 97, 138, 160, 174 and 280; and 1978 Nos. 5, 51, 117 and 240.

25260/78—26

 (b) a member who, during that period, served as a medical officer or a dental officer in a rank specified in Schedule 1,

is less than the amount that would have been paid to that member in respect of that service if he had been paid an amount calculated at the rate—

(c) in the case of a member referred to in paragraph (a)— of $6,949 per year; or

(d) in the case of a member referred to in paragraph (b)— specified in Schedule 1 in relation to the member's rank and service for the purposes of pay during that period,

the member shall be paid, by way of pay in respect of that service, an additional amount equal to the difference between those 2 first-mentioned amounts.

(2) The Defence Force (Reserves) (Financial) Regulations shall be deemed to have had effect as if the rate at which an officer of the Citizen Military Forces who efficiently performed the duties of the appointment of Consultant Colonel, C.M.F., 2nd Military District, Consultant Colonel, C.M.F., 3rd Military District or Colonel, Medical, 1st Division was to be paid had been—

(a) in respect of any period during which he so performed those duties that commenced after 29 January 1976 and ended before 20 February 1976—$6,949 per year;

(b) in respect of any period during which he so performed those duties that commenced after 19 February 1976 and ended before 28 May 1976—$7,394 per year;

(c) in respect of any period during which he so performed those duties that commenced after 27 May 1976 and ended before 20 August 1976—$7,443 per year;

(d) in respect of any period during which he so performed those duties that commenced after 19 August 1976 and ended before 26 November 1976—$7,555 per year:

(e) in respect of any period during which he so performed those duties that commenced after 25 November 1976 and ended before 1 April 1977—$7,721 per year; and

(f) in respect of any period during which he so performed those duties that commenced after 31 March 1977 and ended before 27 May 1977—$7,795 per year.

(3) The Defence Force (Reserves) (Financial) Regulations shall be deemed to have had effect in relation to a period of service by a medical officer or dental officer in a rank specified in Schedule 1 as if the rate of pay applicable to that service had been the rate specified in relation to his rank and service for the purposes of pay during that period in whichever of Schedules 1 to 7 (inclusive) to these Regulations is applicable to that period.

(4) The Defence Force (Reserves) (Financial) Regulations shall be deemed to have had effect in relation to the efficient performance by an officer of the Citizen Military Forces of the duties of an appointment specified in Schedule 8 in the period specified in that Schedule as if the rate of pay applicable to that officer in respect of the period of that performance had been the rate specified in relation to that appointment in that Schedule.

References to Navy or Army

4. References to the Navy or to the Army in the Schedules to these Regulations shall, in respect of any period commencing after 21 January 1976 and ending before 8 February 1976, be read as references respectively to the Naval Forces or to the Military Forces.

SCHEDULE 1 Sub-regulations 3 (1) and 3 (3)

RATES OF PAY APPLICABLE TO SERVICE BY MEDICAL OFFICERS AND DENTAL OFFICERS, IN RESPECT OF MEMBERS OF THE NAVY OR OF THE ARMY, DURING A PERIOD THAT COMMENCED AFTER 29 JANUARY 1976 AND ENDED BEFORE 20 FEBRUARY 1976, OR, IN RESPECT OF MEMBERS OF THE AIR FORCE, DURING A PERIOD THAT COMMENCED AFTER 29 JANUARY 1976 AMD ENDED BEFORE 19 FEBRUARY 1976

SCHEDULE 2 Sub-regulation 3 (3)

RATES OF PAY APPLICABLE TO SERVICE BY MEDICAL OFFICERS AND DENTAL OFFICERS, IN RESPECT OF MEMBERS OF THE NAVY OR OF THE ARMY, DURING A PERIOD THAT COMMENCED AFTER 19 FEBRUARY 1976 AND ENDED BEFORE 28 MAY 1976, OR, IN RESPECT OF MEMBERS OF THE AIR FORCE, DURING A PERIOD THAT COMMENCED AFTER 18 FEBRUARY 1976 AND ENDED BEFORE 27 MAY 1976

SCHEDULE 3 Sub-regulation 3 (3)

RATES OF PAY APPLICABLE TO SERVICE BY MEDICAL OFFICERS AND DENTAL OFFICERS, IN RESPECT OF MEMBERS OF THE NAVY OR OF THE ARMY, DURING A PERIOD THAT COMMENCED AFTER 27 MAY 1976 AND ENDED BEFORE 20 AUGUST 1976, OR, IN RESPECT OF MEMBERS OF THE AIR FORCE, DURING A PERIOD THAT COMMENCED AFTER 26 MAY 1976 AND ENDED BEFORE 19 AUGUST 1976

SCHEDULE 4 Sub-regulation 3 (3)

RATES OF PAY APPLICABLE TO SERVICE BY MEDICAL OFFICERS AND DENTAL OFFICERS, IN RESPECT OF MEMBERS OF THE NAVY OR OF THE ARMY, DURING A PERIOD THAT COMMENCED AFTER 19 AUGUST 1976 AND ENDED BEFORE 26 NOVEMBER 1976, OR, IN RESPECT OF MEMBERS OF THE AIR FORCE, DURING A PERIOD THAT COMMENCED AFTER 18 AUGUST 1976 AND ENDED BEFORE 25 NOVEMBER 1976.

SCHEDULE 5 Sub-regulation 3 (3)

RATES OF PAY APPLICABLE TO SERVICE BY MEDICAL OFFICERS AND DENTAL OFFICERS, IN RESPECT OF MEMBERS OF THE NAVY OR OF THE ARMY, DURING A PERIOD THAT COMMENCED AFTER 25 NOVEMBER 1976 AND ENDED BEFORE 1 APRIL 1977, OR, IN RESPECT OF MEMBERS OF THE AIR FORCE, DURING A PERIOD THAT COMMENCED AFTER 24 NOVEMBER 1976 AND ENDED BEFORE 31 MARCH 1977

SCHEDULE 6 Sub-regulation 3 (3)

RATES OF PAY APPLICABLE TO SERVICE BY MEDICAL OFFICERS AND DENTAL OFFICERS, IN RESPECT OF MEMBERS OF THE NAVY OR OF THE ARMY, DURING A PERIOD THAT COMMENCED AFTER 31 MARCH 1977 AND ENDED BEFORE 27 MAY 1977, OR, IN RESPECT OF MEMBERS OF THE AIR FORCE, DURING A PERIOD THAT COMMENCED AFTER 30 MARCH 1977 AND ENDED BEFORE 26 MAY 1977

SCHEDULE 7 Sub-regulation 3 (3)

RATES OF PAY APPLICABLE TO SERVICE BY MEDICAL OFFICERS AND DENTAL OFFICERS, IN RESPECT OF MEMBERS OF THE NAVY OR OF THE ARMY, DURING A PERIOD THAT COMMENCED AFTER 26 MAY 1977 AND ENDED BEFORE 2 SEPTEMBER 1977, OR, IN RESPECT OF MEMBERS OF THE AIR FORCE, DURING A PERIOD THAT COMMENCED AFTER 25 MAY 1977 AND ENDED BEFORE 1 SEPTEMBER 1977

SCHEDULE 8  Sub-regulation 3 (4)

RATES OF PAY APPLICABLE TO OFFICERS OF THE CITIZEN MILITARY FORCES, EFFICIENTLY PERFORMING THE DUTIES OF CERTAIN APPOINTMENTS, IN RESPECT OF THE PERIOD THAT COMMENCED AFTER 26 MAY 1977 AND ENDED BEFORE 2 SEPTEMBER 1977