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TAX ALERT: PACMATE Annex 3.A, item 16. |
3.5.23 Purpose
3.5.24 Definitions
3.5.25 Members
this Part applies to
3.5.26 Members
this Part does not apply to
3.5.27 Required
period of effective service
3.5.28 Retention
bonus
3.5.29 Member
has sufficient service remaining to complete undertaking
3.5.30 Discharge
of member’s undertaking
3.5.31 Repayment
of gross amount to the Commonwealth
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The purpose of this Part is to establish a bonus scheme to assist in the retention of qualified and experienced Logistics Officers in the Permanent Air Force. |
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In this Part: |
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effective service, for a member, means continuous full-time service for which salary is payable, other than: |
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a. |
a period of training or a posting that gives rise to a return of service obligation, unless the training is relevant training, or the posting is an overseas posting, that begins after the member signs an undertaking; or |
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b. |
a period for which a return of service obligation applies, unless that obligation is for relevant training, or for an overseas posting, that begins after the member signs an undertaking; or |
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c. |
a period of prospective service; or |
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d. |
a period of detention. |
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overseas posting, for a member, means a posting that is directly relevant to the member’s occupation specified in this Part. |
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relevant training, for a member, means postgraduate or other professional or trade training that is directly relevant to the member’s occupation specified in this Part. |
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undertaking, for a member, means an undertaking signed by the member in the form of Annex 3.5.B, to render the required period of effective service beginning on the day ascertained under subclause 3.5.27.1. |
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1. |
A member is an eligible member for this Part if the member: |
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a. |
is an officer in the Logistics specialisation of the Permanent Air Force with the substantive rank of: |
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i. |
Flight Lieutenant with two or more years’ substantive service in that rank; or |
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ii. |
Squadron Leader; or |
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iii. |
Wing Commander; and |
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b. |
meets the minimum level of readiness for duty as a Logistics Officer in the Permanent Air Force; and |
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c. |
is otherwise suitable for continued service as a Logistics Officer in the Permanent Air Force because of the member’s efficiency and competence. |
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2. |
For subparagraph 1.a.i, an officer with the rank of Flight Lieutenant who achieves two years’ substantive service in that rank at any time between 1 January 2003 and 31 December 2005 is also an eligible member, if the member meets the other requirements of subclause 1. |
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3. |
A member does not cease to be an eligible member by reason only that the member is promoted to a rank higher than Wing Commander. |
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A member who: |
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a. |
ceases service in the Permanent Naval Forces or the Australian Regular Army; and |
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b. |
is appointed as an officer in the Permanent Air Force after 11 September 2002, and within six months of ceasing service under paragraph a, |
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is not an eligible member for the purposes of this Part. |
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1. |
For an eligible member, the required period of effective service is taken to begin on: |
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a. |
for a member who signed an undertaking under clause 2.2B.5 of Defence Determination 2000/1, Conditions of Service, before 31 March 2003 — the day the member would have first become an eligible member under this Part if it had commenced on 1 January 2003; or |
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b. |
for any other member — the day the member signs an undertaking, |
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and ends on the completion of three years’ effective service. |
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2. |
Members may incur a return of service obligation arising from non-effective service as defined in paragraph a, b. or c. of the definition of effective service in clause 3.5.24. The following table sets out the order in which the member is to complete the different kinds of service obligations in these circumstances. |
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Item |
This type of service obligation… |
is to be completed in full before completing… |
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1. |
a return of service obligation under paragraph a or b of the definition of effective service |
a required period of service under this Part, or a period of prospective service under paragraph c. of the definition of effective service. |
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2. |
a required period of service under this Part. |
a period of prospective service under paragraph c. of the definition of effective service. |
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3. |
The required period of effective service under this Part is to be suspended to allow the completion of any return of service obligation under paragraph a. or b. of the definition of effective service. |
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4. |
If the member takes leave without pay or part-time leave without pay during the required period of effective service under this Part, the required period of service is to be extended by: |
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a. |
for leave without pay — the period of leave without pay granted to the member; and |
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b. |
for part-time leave without pay — the total number of working days of absence (excluding weekend days and public holidays) in the overall period of part-time leave without pay granted to the member. |
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1. |
The member becomes entitled to a retention bonus if all of these conditions are met. |
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a. |
The member becomes an eligible member at any time between 1 January 2003 and 31 December 2005. |
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b. |
The member applies in writing for a retention bonus under this Part by signing the undertaking at Annex 3.5.B to this Determination. |
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c. |
The CDF approves the member’s application. |
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2. |
The entitlement arises on the day the CDF approves the application. |
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3. |
The amount of the bonus is $45,000. |
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Persons who can make the decision under paragraph 3.5.28.1.c on behalf of the CDF: Director General Personnel – Air Force |
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1. |
The CDF must not approve a member’s application for a retention bonus or offer a member a retention bonus unless the CDF is satisfied that the member is able to fulfil an undertaking. |
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2. |
For subclause 1, the CDF must have regard to any return of service obligation or period of prospective service which the member is required to complete. |
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Persons who can make the decision under subclause 3.5.29.1 on behalf of the CDF: Director General Personnel – Air Force |
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1. |
A member’s undertaking is not binding on any party unless and until the member’s application for a retention bonus is approved. |
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2. |
The discharge of a member’s required period of effective service under an undertaking begins or is taken to have begun (as the case requires) on the day the member signs an undertaking. |
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If the member ceases (other than for the specified reasons) to be an eligible member at any time before the completion of the required period of effective service, the member must repay to the Commonwealth the gross (pre-tax) amount of the bonus received. |
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2. |
For subclause 1, the specified reasons are the member’s: |
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a. |
death; or |
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b. |
medical incapacity; or |
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c. |
involuntary redundancy or retrenchment. |