Commonwealth Numbered Regulations

1981 No. 18 DEFENCE FORCE (FURLOUGH) REGULATIONS (AMENDMENT) - REG 1

Regulation 10 of the Defence Force (Furlough) Regulations is amended-

   (a)  by omitting sub-paragraphs (ii) and (iii) of paragraph (b) of
        sub-regulation (1) and substituting the following sub-paragraphs:



"(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 have held the temporary or acting
rank that he held or would, but for his absence on leave, have held on the day
before the prescribed day;

        (iii)  in the event that a member has held or would, but for his
               absence on leave or furlough, have held, for periods that were
               continuous with one another and with the period of furlough, 2
               or more temporary or acting ranks, 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 have held one of
               those temporary or acting ranks; and";

   (b)  by omitting at the end of sub-paragraph (i) of paragraph (c) of
        sub-regulation (4) "and";

   (c)  by omitting sub-paragraph (ii) of paragraph (c) of sub-regulation (4)
        and substituting the following sub-paragraphs:



"(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; or";
(d) by omitting from paragraph (a) of sub-regulation (5) "(1) (b) (iii)"
wherever occurring and substituting "(4) (c) (iii)"; and

   (e)  by inserting after sub-regulation (5) the following sub-regulations:



"(5A) Subject to sub-regulation (5B) where-

   (a)  before the prescribed day a member held an acting or temporary rank
        for a period (hereinafter called the first-mentioned period) and was
        entitled to an allowance under a regulation specified in paragraph (d)
        of sub-regulation (3) for a period (hereinafter called the
        second-mentioned period); and

   (b)  the first-mentioned period and the second-mentioned period were
        continuous with one another and with the period of furlough,
the member shall be deemed, for the purposes of sub-regulations (3), (4) and
(5), to have received an allowance under a regulation specified in
sub-regulation (3) during that first-mentioned period at a rate equal to the
amount by which the rate of salary payable to that member in respect of that
rank exceeded the amount payable to him in respect of his substantive rank.



"(5B) Sub-regulation (5A) does not apply to a member to whom paragraph (b) of
sub-regulation (1) or paragraph (b) of sub-regulation (2) applies.".