For the purposes of paragraph 3(9)(a) of the Act, the amount that is to be taken, for the purposes of the Act, to be the amount of daily rate of pay applicable in relation to a class of persons in which a convicted person is included is:
(a) if, on the day on which the person is convicted, a determination is in force under section 58H of the Defence Act 1903 in relation to that class of persons--the amount of daily rate of pay payable, in accordance with that determination, to a person included in that class of persons on that day; or
(b) otherwise--the amount of daily rate of pay payable, in accordance with a determination in force under section 58B of the Defence Act 1903 , to a person included in that class of persons on that day.