DEFENCE FORCE (SALARIES) REGULATIONS (AMENDMENTS) 1980 NO. 23 DEFENCE FORCE (SALARIES) REGULATIONS (AMENDMENTS) 1980 NO. 23 - TABLE OF PROVISIONS 1. General rates of salary payable to members 2. Application 3. 1980 No. 23 DEFENCE FORCE (SALARIES) REGULATIONS (AMENDMENTS) - REG 1 General rates of salary payable to members 1. Regulation 8 of the Defence Force (Salaries) Regulations is amended by adding at the end thereof the following sub-regulations: "(6) Where- (a) the Minister under the relevant sub-regulation determines that a pay level specified in Part I of Schedule 7 is appropriate to a mustering; and (b) as a result of that determination, the pay level appropriate to that mustering is higher than previously, the number of years of service in a rank specified in Part II of Schedule 7 of a member who- (c) was promoted to that rank before the date of effect of that determination; and (d) on the date of effect of that determination was included in that mustering, shall be deemed to have been increased, on the date of effect of that determination, by 1 year for each level by which the pay level has been increased. "(7) Where the Minister under the relevant sub-regulation determines that a pay level specified in Part I of Schedule 7 is appropriate to a mustering, the number of years of service in a rank specified in Part II of Schedule 7 of a member who- (a) on or after the date of effect of that determination is included in a mustering the pay level for which is included in that determination; and (b) immediately before inclusion in that mustering held that rank and belonged to a different mustering, shall, where the pay level applicable to the mustering in paragraph (a) exceeds the pay level applicable to the mustering (last occurring) in paragraph (b), be deemed to have been increased, on the date of his inclusion in the mustering in paragraph (a), by 1 year for each excess pay level. "(8) In sub-regulations (6) and (7), "relevant sub-regulation" means- (a) in the case of a member of the Navy-sub-regulation 31 (5) of the Naval Financial Regulations; (b) in the case of a member of the Army-sub-regulation 12B (5) of the Military Financial Regulations; and (c) in the case of a member of the Air Force-sub-regulation 549 (5) of the Air Force Regulations. "(9) Where the Minister- (a) determines a class of sailors, soldiers or airmen to be a class to which the relevant sub-regulation applies; (b) for the purposes of that sub-regulation, 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 7 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 that rank 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). "(10) Where the Minister- (a) determines a class of sailors, soldiers or airmen to be a class to which the relevant sub-regulation applies; and (b) for the purpose of that sub-regulation 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 7 if he is included in that class, the number of years of service in that rank 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 the relevant sub-regulation 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 the relevant sub-regulation, to the class (last occurring) referred to in paragraph (d), by a period equal to that excess number of years. "(11) Where the Minister- (a) determines a class of sailors, soldiers or airmen to be a class to which the relevant sub-regulation applies; and (b) for the purpose of that sub-regulation 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 7 if he is included in that class, the number of years of service in that rank 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 the relevant sub-regulation did not belong to a class of sailors, soldiers or airmen, 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 8 (2) to the pay level applicable to the mustering in which the member was included, by a period equal to that excess number of years. "(12) In sub-regulations (9), (10) and (11), "relevant sub-regulation" means- (a) in the case of a member of the Navy-sub-regulation 31A (3) of the Naval Financial Regulations; (b) in the case of a member of the Army-sub-regulation 12BA (4) of the Military Financial Regulations; and (c) in the case of a member of the Air Force-sub-regulation 549A (2) of the Air Force Regulations. "(13) In sub-regulations (6), (7) and (11) the word "mustering" means a class of sailors, a class of soldiers and a mustering determined by the Minister 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 respectively. "(14) For the purposes of paragraph (1) (b), a year by which service is increased under sub-regulation (6), (7), (9), (10) or (11) shall be deemed to be a completed year of service.". 1980 No. 23 DEFENCE FORCE (SALARIES) REGULATIONS (AMENDMENTS) - REG 2 Application 2. The Defence Force (Salaries) Regulations as amended by this Determination apply in relation to: (a) a determination to which sub-regulation 8 (6) applies; (b) a change in mustering to which sub-regulation 8 (7) applies; (c) a specification to which sub-regulation 8 (9) applies; (d) a re-classification to which sub-regulation 8 (10) applies; and (e) a classification to which sub-regulation 8 (11) applies, that occurs or is made as the case may be on or after 1 July 1978. 1980 No. 23 DEFENCE FORCE (SALARIES) REGULATIONS (AMENDMENTS) - REG 3 3. In clause 2 the word 'mustering' means a class of sailors, a class of soldiers and a mustering determined by the Minister 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 respectively. - NOTES 1980 No. 23 DEFENCE FORCE (SALARIES) REGULATIONS*1* *2* (AMENDMENTS) *1*Notified in the Commonwealth of Australia Gazette on 21 February 1980. *2* Statutory Rules 1973 No. 100 as amended to date. For previous amendments see Note 2 to Statutory Rules 1980 No. 1 and see also Statutory Rules 1980 Nos. 1, 4, 9 and 20.