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SR 2004 No. 350 Regulations as made
These Regulations amend the Military Rehabilitation and Compensation Regulations 2004.
Administered by: Veterans' Affairs
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR09-Dec-2004
Tabled Senate09-Dec-2004
Gazetted 08 Dec 2004
Date of repeal 19 Mar 2014
Repealed by Veterans' Affairs (Spent and Redundant Instruments) Repeal Regulation 2014

Military Rehabilitation and Compensation Amendment Regulations 2004 (No. 1)1

Statutory Rules 2004 No. 3502

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Military Rehabilitation and Compensation Act 2004.

Dated 1 December 2004

P. M. JEFFERY

Governor-General

By His Excellency’s Command

DE-ANNE KELLY


1              Name of Regulations

                These Regulations are the Military Rehabilitation and Compensation Amendment Regulations 2004 (No. 1).

2              Commencement

                These Regulations are taken to have commenced on 1 July 2004.

3              Amendment of Military Rehabilitation and Compensation Regulations 2004

                Schedule 1 amends the Military Rehabilitation and Compensation Regulations 2004.


Schedule 1        Amendment

(regulation 3)

  

[1]           After Part 4

insert

Part 5                 Indexation of certain pay and earnings

19            Indexation of pre-CFTS pay and civilian daily earnings

         (1)   For paragraph 182 (1) (a) of the Act, the index for section 182 of the Act is Total hourly rates of pay excluding bonuses, contained in 6345.0 Wage Cost Index, Australia, published by the Australian Bureau of Statistics, and as in force from time to time.

         (2)   For paragraph 182 (1) (b) of the Act, the manner of working out an increase in the amount of a person’s pre-CFTS pay or civilian daily earnings is:

                (a)    to assume that the pre-CFTS pay or civilian daily earnings is a dollar amount to be indexed under subsection 404 (1) of the Act; and

               (b)    to treat the December index number mentioned in section 404 of the Act as the value for ‘December’ in the tables of the index set out in subregulation (1) under the headings ‘Sector’, ‘Original’ and ‘All Sectors’.

20            Indexation of $100 in ADF pay

         (1)   For paragraph 183 (1) (a) of the Act, the index for section 183 of the Act is created by:

                (a)    treating a base amount of 100 as being in effect on 31 December 2001; and

               (b)    applying to the base amount the percentage increases required in each subsequent calendar year in accordance with the ADF Workplace Remuneration Agreement.

         (2)   For paragraph 183 (1) (b) of the Act, the manner of working out the increase in an amount of $100 mentioned in that paragraph is:

                (a)    for the year ending on 31 December 2002 — to multiply the amount of $100 by the value of 104.55, and divide the result by 100; and

               (b)    for the year ending on 31 December 2003 — to multiply the amount of $100 by the value of 107.69, and divide the result by 100; and

                (c)    for each subsequent calendar year — to multiply the amount of $100 by the value of the index set out in subregulation (1) on 31 December in that year, and divide the result by 100.

Note   The values mentioned in paragraphs (2) (a) and (b) are the values for 2002 and 2003 worked out using the index set out in subregulation (1).


Notes

1.       These Regulations amend Statutory Rules 2004 No. 156.

2.       Notified in the Commonwealth of Australia Gazette on 8 December 2004.