Statutory Rules
1976 No. 120
REGULATIONS UNDER THE DEFENCE ACT 1903-1975, THE NAVAL DEFENCE ACT 1910-1975 AND THE AIR FORCE ACT 1923-1975,*
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 1903-1975, the Naval Defence Act 1910-1975 and the Air Force Act 1923-1975.
Dated this eleventh day of June, 1976.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
D. J. KILLEN
Minister of State for Defence.
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Amendments of the Defence Force (Salaries) Regulations †
Recreation leave bonus.
1. Regulation 14a of the Defence Force (Salaries) Regulations is amended—
(a) by omitting sub-regulations (3), (4), (5) and (6) and substituting the following sub-regulations:—
“ (3) Subject to sub-regulations (4) and (6), the amount of recreation leave bonus payable under sub-regulation (2) to a member in respect of recreation leave granted to the member for service in a leave year is an amount equal to average weekly earnings in respect of that leave year.
“ (4) Where a member has not served during the whole of a leave year, the amount of recreation leave bonus payable to the member in respect of recreation leave granted to the member for service in that leave year shall be ascertained in accordance with the formula—
where—
A is average weekly earnings in respect of that leave year; and
B is the number of days service rendered by the member in that leave year.
* Notified in the Australian Government Gazette on 15 June 1976.
† Statutory Rules 1973, No, 100, as amended by Statutory Rules 1973, Nos. 132, 201, 203, 249 and 269; 1974, Nos. 71, 77, 90, 92, 93 and 208; 1975, Nos. 34, 149, 163 and 197; and 1976, Nos. 3, 13, 48 and 81.
“ (5) For the purposes of this regulation, a trainee shall be deemed to be granted recreation leave for service in a leave year during a period when he proceeds on leave of absence granted to him for a period to be treated, by virtue of a direction in writing of his Commanding Officer, as a period of recreation leave for service in the leave year.
“ (5a) A Commanding Officer shall not, in a year, issue more than one direction under sub-regulation (5) in respect of each trainee under his command.
“ (6) Subject to sub-regulation (6aa), where the amount of recreation leave bonus that would, but for this sub-regulation, be payable to a trainee in respect of a period of recreation leave granted to the trainee in respect of service during a leave year exceeds the amount equal to the percentage (being the percentage specified in column 3 of an item in Schedule 16 opposite the capacity in which the trainee is being trained and, where appropriate, the year of the course of training that he is undergoing specified in column 2) of average weekly earnings, the trainee shall be paid the lesser amount.
“ (6aa) Sub-regulation (6) does not apply to a trainee who, immediately before commencing training as a trainee, was in receipt of salary or pay exceeding the rate of salary or pay normally applicable to a member undergoing training in the same capacity as the trainee under an item in Schedule 9.”;
(b) by omitting from sub-regulation (7) the words “ sub-regulations (8) and ” and substituting the words “ sub-regulation ”;
(c) by omitting sub-regulation (8) and substituting the following sub-regulation:—
“ (8) A trainee who is deemed to be granted recreation leave for service in a leave year by virtue of a direction under sub-regulation (5) shall be deemed, for the purposes of sub-regulation (7), to have elected in accordance with paragraph (7) (a) and to have been granted a period of recreation leave which equals or exceeds one week.”; and
(d) by omitting sub-regulations (10), (11) and (12).
Interpretation.
2. Regulation 14c of the Defence Force (Salaries) Regulations is amended—
(a) by omitting from the definition of “ average weekly earnings ” all the words after the words “ the Statistician ” and substituting the following words:—
“ in respect of the period—
(a) which commences on the first day of a year and ends on the thirty-first day of March in that year; and
(b) which occurs, either in part or whole, in the period of 12 months immediately before the leave credit day;”;
(b) by omitting paragraphs (b) and (c) of the definition of “ leave credit day ”, and substituting the following paragraphs:—
“ (b) in the case of a member who, by reason of the nature of his service, is credited, before the first day of July in any year, with the whole or part of the recreation leave credit or home service leave credit that, in respect of a leave year, would have been credited to him on that day—the day on which that leave is credited;
“ (c) in the case of a person who is not a member on the first day of July in any year but was a member at some time during the period of 12 months immediately preceding that day— the day on which the person ceased to be a member; and
“ (d) in the case of a trainee—the day immediately preceding the first day of the period for which recreation leave is deemed to be granted to the trainee under sub-regulation 14a (5);”;
(c) by omitting the definition of “leave year” and substituting the following definition:—
“ ‘ leave year ’ means—
(a) in the case of a member the leave credit day applicable to whom is the first day of July in any year—the period of 12 months immediately preceding that day;
(b) in the case of a member (other than a person referred to in paragraph (c) or a trainee) the leave credit day applicable to whom in any year is a day other than the first day of July in that year—the period of 12 months immediately following the first day of July which immediately preceded the leave credit day;
(c) in the case of a person who is not a member on the first day of July in any year but was a member at some time during the period of 12 months immediately preceding that day—the period from and including the first day of July immediately preceding the first-mentioned first day of July to and including the leave credit day applicable to the person in the year; and
(d) in the case of a trainee—the period of 12 months immediately preceding the leave credit day applicable to the trainee in any year;”.
(d) by omitting the definition of “ rate of salary ”; and
(e) by omitting the definition of “ trainee ” and substituting the following definition:—
“ ‘ trainee ’ means a member who is undergoing training in a capacity specified in items 3 to 11 (inclusive) of Schedule 9.”.
Application.
3. The Defence Force (Salaries) Regulations as amended by these Regulations apply to recreation leave and to home service leave granted in respect of service after 1 January 1973.