Commonwealth Numbered Regulations

1980 No. 93 DEFENCE FORCE (FURLOUGH) REGULATIONS (AMENDMENTS) - REG 1

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

   (a)  by omitting paragraph (1) (b) and substituting:

"(b) where

        (i)    the member held immediately before the prescribed day, a
               temporary or acting rank higher than his substantive rank;

        (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,
salary at the rate from time to time applicable during the period specified in
the certificate referred to in sub-paragraph (ii) or (iii) to the temporary or
acting rank for the position the duties of which the Chief of Staff in
pursuance of sub-paragraph (ii) or (iii) has certified that the member could
reasonably have been expected to perform, but for that member's absence on
furlough, during that specified period.";

   (b)  by omitting paragraph (c) from sub-regulation (4) and substituting:

"(c) in respect of an allowance payable under a regulation specified in
paragraph (3) (d) to a member who is granted furlough-

        (i)    that allowance has been paid or is payable to the member in
               respect of his duties on the day before the prescribed day; and

        (ii)   the conditions referred to in sub-paragraphs (ii), (iii) and
               (iv) of paragraph (1) (b) are fulfilled in relation to the
               member.";

   (c)  by adding at the end of sub-regulation (4) the following paragraph:

"(d) in respect of an allowance payable under a regulation specified in
paragraph (3) (d) to a member to whom payment in lieu of furlough is made,
that allowance was payable-

        (i)    during the whole of the period of 12 months immediately
               preceding the prescribed day; or

        (ii)   during a period, or periods, amounting to 3 of the 5 years
               immediately preceding the prescribed day."; and

   (d)  by omitting sub-regulation (5) and substituting:

"(5) Where, for the purposes of these Regulations,

   (a)  the salary of a member who is granted furlough and to whom
        sub-paragraph (1) (b) (iii) applies includes under paragraph (4) (c)
        an allowance referred to in paragraph (3) (d) in respect of any part
        of a period of furlough and where the Chief of Staff has, in
        accordance with paragraph (1) (b) (iii) specified in a certificate
        given in respect of that part of a period of furlough of the member, a
        position other than the position the duties of which the member was
        performing, or would, but for his absence on leave, have performed on
        the day before the prescribed day, that allowance is to be included in
        the salary payable to the member in respect of that part of the period
        of furlough at the rate from time to time applicable to the rank for
        that first-mentioned position; or

   (b)  an allowance payable under a regulation specified in paragraph (3) (d)
        is to be included in the salary of a member to whom or in respect of
        whom payment in lieu of furlough is made and during the qualifying
        period or periods required by virtue of paragraph (4) (d), the member
        performed the duties of 2 or more positions, the rate at which the
        allowance is to be included in the member's salary shall be determined
        by reference to the lower or lowest of the ranks for those
        positions.".