Statutory Rules
1980 No. 24
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 thirteenth day of February 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 (Reserves) (Financial) Regulations2
Pay of members other than officers and trainees
1. Regulation 8 of the Defence Force (Reserves) (Financial) Regulations is amended by inserting after sub-regulation (1) the following sub-regulations:
“(1A) Where —
(a) the Minister determines under sub-regulation 31 (5) of the Naval Financial Regulations, 12B (5) of the Military Financial Regulations or 549 (5) of the Air Force Regulations that a pay level specified in Part I of Schedule 5 is appropriate to a class of soldiers or sailors or a mustering; and
(b) as a result of that determination, the pay level appropriate to that class or mustering is higher than previously,
the number of years of service in a rank specified in Part II of Schedule 5 of a member who —
(c) was promoted to a rank specified in Part II of Schedule 5 before the date of effect of that determination; and
(d) on the date of effect of that determination was included in that class or mustering,
shall, where as a result of that determination the number of years of service that applies, for the purpose of sub-regulation 12 (5), to the pay level appropriate to that class or mustering exceeds the number of years of service that applied to the previous pay level, be deemed to have been increased, from the date of effect of that determination, by a period equal to the excess number of years.
“(1B) Where the Minister determines under sub-regulation 31 (5) of the Naval Financial Regulations, 12B (5) of the Military Financial Regulations and 549 (5) of the Air Force Regulations that a pay level specified in Part I of Schedule 5 is appropriate to a class of soldiers or sailors or a mustering, the number of years of service in a rank specified in Part II of Schedule 5 of a member who —
(a) on or after the date of effect of that determination is included in a class or mustering the pay level for which is included in that determination; and
(b) immediately before inclusion in that class or mustering held that rank but belonged to a different class or mustering,
shall, where —
(c) the pay level applicable to the class or mustering referred to in paragraph (a) exceeds the pay level applicable to the class or mustering (last occurring) in paragraph (b); and
(d) for the purpose of sub-regulation 12 (5) the number of years of service that applies to the pay level (first occurring) in paragraph (c) exceeds the number of years of service that applies to the pay level (second occurring) in paragraph (c);
be deemed to have been increased, on the date of his inclusion in the class or mustering referred to in paragraph (a), by that increase in number of years.
“(1C) Where the Minister —
(a) determines a class of sailors or soldiers or airmen to be a class to which paragraph 31A (3) (b) of the Naval Financial Regulations, paragraph 12BA (4) (b) of the Military Financial Regulations or paragraph 549A (2) (b) of the Air Force Regulations, as the case may be, applies;
(b) for the purpose of that paragraph, specifies the number of years of service that a member is to be deemed to have completed on promotion to a rank specified in Part II of Schedule 5 if he is included in that class; and
(c) as a result of that determination, increases the number of years of service referred to in paragraph (b),
the number of years of service in a rank specified in Part II of Schedule 5 of a member who was promoted to that rank before the date of effect of that determination and was on the date of effect of that determination included in that class, shall be deemed to have been increased, on the date of effect of that determination, by a period equal to the increase in the number of years of service referred to in paragraph (c).
“(1D) Where the Minister —
(a) determines a class of sailors or soldiers or airmen to be a class to which paragraph 31A (3) (b) of the Naval Financial Regulations, paragraph 12BA (4) (b) of the Military Financial Regulations or paragraph 549A (2) (b) of the Air Force Regulations, as the case may be, applies; and
(b) for the purpose of that paragraph specifies the number of years of service that a member is to be deemed to have completed on promotion to a rank specified in Part II of Schedule 5 if he is included in that class,
the number of years of service in a rank specified in Part II of Schedule 5 of a member who —
(c) on or after the date of effect of that determination is included in a class to which paragraphs (a) and (b) apply; and
(d) immediately before inclusion in that class held that rank, but for the purpose of a paragraph referred to in paragraph (a) belonged to a different class,
shall be deemed to have been increased on the date of his inclusion in the class referred to in paragraph (c) where the number of years of service referred to in paragraph (b) exceeds the number of years of service that applied, immediately before his inclusion in the class referred to in paragraph (c), for the purpose of a paragraph referred in paragraph (a) to the last-mentioned class of member referred to in paragraph (d), by a period equal to that excess number of years.
“(1E) Where the Minister —
(a) determines a class of sailors or soldiers or airmen to be a class to which paragraph 31A (3) (b) of the Naval Financial Regulations, paragraph 12BA (4) (b) of the Military Financial Regulations or paragraph 549A (2) (b) of the Air Force Regulations, as the case may be, applies; and
(b) for the purpose of that paragraph specifies the number of years of service that a member is to be deemed to have completed on promotion to a rank specified in Part II of Schedule 5 if he is included in that class,
the number of years of service in a rank specified in Part II of Schedule 5 of a member who —
(c) on or after the date of effect of that determination is included in a class to which paragraphs (a) and (b) apply; and
(d) immediately before inclusion in that class held that rank but for the purpose of a paragraph referred to in paragraph (a) did not belong to a class of member,
shall be deemed to have been increased from the date of his inclusion in the class referred to in paragraph (c), where the number of years of service referred to in paragraph (b) exceeds the number of years of service that applied, immediately before his inclusion in the class referred to in paragraph (c), for the purpose of sub-regulation 12 (5) to the pay level applicable to the class or mustering in which the member was included, by a period equal to that excess number of years.
“(1F) For the purposes of paragraph (1) (b) a year by which service is increased under sub-regulation (1A), (1B), (1C), (1D) or (1E) shall be deemed to be a completed year of service.”.
Application
2. The Defence Force (Reserves) (Financial) Regulations as amended by this Determination apply in relation to:
(a) a determination to which sub-regulation 8 (1A) applies;
(b) a change in mustering or class of soldiers or sailors to which sub-regulation 8 (1B) applies;
(c) a specification to which sub-regulation 8 (1C) applies;
(d) a re-classification to which sub-regulation 8 (1D) applies; and
(e) a classification to which sub-regulation 8 (1E) applies,
that occurs or is made as the case may be on or after 1 July 1978.
NOTES
1. Notified in the Commonwealth of Australia Gazette on 21 February 1980.
2. Statutory Rules 1976 No. 16 as amended to date. For previous amendments see Note 2 to Statutory Rules 1980 No. 10 and see also Statutory Rules 1980 No. 10.