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TAX ALERT: PACMATE Annex 3.A, item 18. |
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The purpose of an allowance under this Division is to enhance retention of certain members in the categories specified in the Determination provision. |
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Note 1: The allowance is expressed as an annual rate (payable fortnightly in addition to normal salary), and is taxable but not superannuable. |
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Note 2: Action may be taken to revoke a retention allowance if the policy reasons for making it have ceased to apply. |
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1A. |
This clause ceases to apply on 9 August 2007. |
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1. |
In this clause aerospace engineer means a member who meets one of the following conditions. |
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a. |
For a Lieutenant Colonel or below – is classified as an aerospace engineer. |
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b. |
For a Colonel or Brigadier – holds the qualifications for classification as an aerospace engineer. |
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2. |
A member is entitled to the aerospace engineer retention allowance if they meet all of the following conditions. |
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a. |
The member is in the Australian Regular Army or the Royal Australian Air Force. Note: The retention allowance for aerospace engineers in the Royal Australian Navy is in clause 3.5.44. |
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b. |
The member is on continuous full time service either as a member of the Permanent Force or Reserves. |
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c. |
The member holds one of the following ranks. |
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i. |
Captain. |
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ii. |
Major. |
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iii. |
Lieutenant Colonel. |
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iv. |
Colonel. |
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v. |
Brigadier. |
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d. |
The member is certified by the CDF as liable to perform duty as an aerospace engineer. |
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3. |
The following table lists the annual rates of the aerospace engineer retention allowance for a member who holds a pay grade above pay grade 2. |
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Item |
A member who holds the rank of... |
is entitled to this rate of allowance ($ a year)... |
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a. |
Captain |
$1,339 |
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b. |
Major |
$6,339 |
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c. |
Lieutenant Colonel |
$11,338 |
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d. |
Colonel |
$6,339 |
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e. |
Brigadier |
$10,000 |
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Persons who can make the decision under p Director General Navy People Director General Personnel – Army Director General Personnel – Air Force |
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1. |
A member may be entitled to a once-only payment of $1263.78 if they meet all of the following conditions. |
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a. |
The member is in the Australian Air Force. |
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b. |
The member is below the rank of Brigadier. |
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c. |
The retention allowance under clause 3.5.41 was payable to the member before its end date, 9 August 2007. |
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d. |
The member was a flight test engineer in the aerospace engineer classification from 4 April 2007 until 8 August 2007. |
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1. |
A member may be paid a fortnightly allowance at the rate of $10,000 a year, if they meet all of the following conditions. |
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a. |
The member is in the Australian Air Force. |
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b. |
The member holds the rank of Air Commodore. |
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c. |
The retention allowance under clause 3.5.41 was payable to the member before its end date, 9 August 2007. |
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2. |
This allowance ceases to apply to a member on the earlier of the following dates. |
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a. |
The day that the member's salary is adjusted by the DFRT, so as to incorporate the allowance into salary. |
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b. |
1 January 2008. |
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3. |
If the member would have been entitled to payment under this clause, had it been effective between 9 August 2007 and the date this clause commences, then the member is to be paid a once-only amount equivalent to the amount of allowance calculated for that period. |
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A member may be paid a once-only amount of $3994.40 if they meet all of the following conditions. |
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a. |
The
member is in the Australian Regular Army. |
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b. |
The member
held the rank of Brigadier for the period 9 August 2007 until 1 January 2008. |
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c. |
The
retention allowance under clause 3.5.41 was payable to the member before its
end date, 9 August 2007. |
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d. |
The member
was classified as an aerospace engineer for the period 9 August 2007
until 1 January 2008. |
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1A. |
This clause does not apply to
a member after 21 September 2007. This clause has been retained for reference
purposes only. (This subclause is policy guidance). |
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1. |
In this clause: |
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air traffic control record means a member’s Royal Australian Air Force Air Traffic Control Record of Training and Proficiency. |
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approach control rating means an endorsement as P (proficient) against an approach control entry in a member’s air traffic control record. |
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designated air traffic control position means: |
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a. |
a position that is designated as an air traffic control position in the Defence Force; and |
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b. |
any other position for which the CDF certifies that air traffic control is a significant part of the primary duties. |
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tower control rating means an endorsement as P (proficient) against a tower control entry in a member’s air traffic control record. |
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2. |
This clause applies to a member who meets these conditions. |
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a. |
The member meets the requirements for duty as an air traffic controller in the Defence Force |
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b. |
The member is: |
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i. |
a member of the Permanent Forces |
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ii. |
a member of the Air Force Reserve rendering continuous full-time service under the terms of an undertaking made under subsection 4J (3) of the Air Force Act 1923, and where the CDF certifies that the member is subject to the same requirements of the service as a member of the Permanent Forces |
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c. |
The CDF, considers that the member is liable for continued service in a designated air traffic control position. |
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d. |
The member is entitled to salary. |
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2A. |
This clause does not apply to a member who first meets the requirements in subclause 2 after 21 September 2007. |
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3. |
For subp |
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4. |
When a member first obtains, and holds, a tower control rating, the member is entitled to a retention allowance of $4,000 a year. |
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Exception: A member who first obtains a tower control rating after 21 September 2007. |
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5. |
When a member first obtains, and holds, an approach control rating, the member is entitled to a retention allowance of $4,000 a year. |
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Exception: A member who first obtains an approach control rating after 21 September 2007. |
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6. |
When a member holds: |
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a. |
an approach control rating at more than one base; and |
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b. |
a Training Officer or Supervisor rating, in either approach control or tower control, |
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the member is entitled to a retention allowance of $3,000 a year. |
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Exception: A member who first obtains the ratings listed in subclause 6 after 21 September 2007. |
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7. |
When a member holds: |
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a. |
an approach control rating or a tower control rating obtained in Darwin, Townsville or Williamtown; or |
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b. |
an Instructor qualification at the School of Air Traffic Control, |
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the member is entitled to a retention allowance of $4,000 a year. |
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Exception: A member who first obtains the ratings or qualification listed in subclause 7 after 21 September 2007. |
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8. |
Members may qualify for the allowances authorised by subclauses 4 to 7 in any order, and hold them in any combination, concurrently. |
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9. |
If a member holds a pay grade under Part 4 of Schedule B.2 of DFRT Determination No. 15 of 2008, Salaries, the total annual amount of allowances payable to the member under this clause is reduced by the difference between the following two items. |
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a. |
The rate of salary payable to the member for the pay grade they hold under Part 4 of Schedule B.2 of DFRT Determination No. 15 of 2008, Salaries, and their rank and increment. |
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b. |
The rate of salary listed for the member's rank and increment in pay grade 2. |
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10. |
The following table describes how to calculate the reduced amount of allowance. |
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Step |
Action |
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1. |
Calculate the retention allowance(s) the member
was qualified for under subclauses 4 to 7 on 21 September 2007. |
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2. |
Add any amount from Step 1 to the salary
applicable to the member's rank and increment in pay grade 2. |
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3. |
Determine the Schedule B.2, Part 4 pay grade
the member would be entitled to and the annual salary for that pay grade
based on the member's rank and increment (see Schedule B.3 of
DFRT Determination No. 15 of 2008, Salaries). |
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4. |
Subtract step 3 from the result of step 2. |
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5. |
If the outcome is a positive number, this is the
member's retention allowance under this clause. |
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6. |
If the outcome is a negative number or zero, no
retention allowance is payable. |
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7. |
The retention allowance must be recalculated if a
member's qualifications, for which an allowance may be payable under this
clause, change. |
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11. |
This clause ceases to apply on 9 August 2008. |
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Persons who can make the decisions under subclause 3.5.42.1, definition of designated air traffic control position, subparagraph 3.5.42.2.b.ii and paragraph 3.5.52.2.c on behalf of the CDF: Officer Commanding No. 44 Wing |
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1A. |
This clause ceased to
operate on 9 August 2008. This clause has been retained for reference
purposes only. (This subclause is policy guidance). |
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1. |
This clause applies to a member who was entitled to retention allowance for air traffic controllers under clause 2.3A.1 of Defence Determination 2000/1, Conditions of Service, as in force on 31 March 2003 (“the former retention allowance”), if: |
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a. |
the CDF certifies that the member may be required in the future to occupy a position in which air traffic control is a significant part of the member’s primary duties; and |
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b. |
the member is entitled to salary; and |
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c. |
for a member of the Air Force Reserve rendering continuous full-time service under the terms of an undertaking made under subsection 4J (3) of the Air Force Act 1923 — the CDF certifies that the member is subject to the same requirements of the service as a member of the Permanent Forces. |
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2. |
For p |
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3. |
If the member’s former retention allowance rate exceeds the rate of retention allowance calculated under clause 3.5.42 as in force on or after 1 April 2003 (whether under Defence Determination 2003/21, Conditions of Service, or under this Division), the member is entitled to an additional annual rate of retention allowance equal to the difference. |
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4. |
The additional retention allowance is to be reduced by any increase in the member’s rate of allowance under clause 3.5.42. |
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5. |
This clause ceases on 9 August 2008. |
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Example: A member who was receiving a former retention allowance of $15,000 a year, and who is entitled to $4,000 a year under clause 3.5.42, will get an additional retention allowance under this clause of $11,000 a year. If the member’s allowance under clause 3.5.42 increases to $7,000 a year (because the member attains a further qualification), the non-reduction allowance under this clause will drop to $8,000 a year. |
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1A. |
This clause ceased to
operate on 9 August 2008. This clause has been retained for reference purposes
only. (This subclause is policy guidance). |
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1. |
In this clause, the "former retention scheme" means eligibility under clause 2.3A.1 of Defence Determination 2000/1, Conditions of Service, as in force on 31 March 2003. |
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2. |
This clause applies to a member who meets both of these conditions. |
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a. |
The member graduated from any of these courses before 1 April 2003. |
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i. |
No. 135 Basic Air Traffic Control Course |
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ii. |
No. 136 Basic Air Traffic Control Course |
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iii. |
No. 19 Air Traffic Control Short Course |
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b. |
The member meets the conditions in Item 1 or 2 of this table. |
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Item |
The member is in the... |
and the CDF certifies the member will be... |
and the member is... |
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1. |
Permanent Forces |
required to occupy a position in which air traffic control is a significant part of the member’s primary duties |
entitled to salary. |
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2. |
Air Force (Reserve) |
a. required to occupy a position in which air traffic control is a significant part of the member’s primary duties; and b. subject to the same requirements of service as a member of the Permanent Forces. The CDF must have regard to the member’s ability to be posted or deployed. |
entitled to salary for continuous full-time service performed under a subsection 4J (3) Air Force Act 1923 direction. |
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3. |
The member may be entitled to a payment worked out under this table. |
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Step |
Action |
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1. |
Calculate the amount the member would be entitled to if the former retention scheme were still in effect. |
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2. |
Subtract any amount the member is entitled to under clause 3.5.42. |
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3. |
If the outcome is a positive number, the member is entitled to that amount. |
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4. |
If the outcome is a negative number, no amount is payable. |
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4. |
A member may be entitled to an additional amount for duty performed before the day this clause commences. The amount is worked out under this table. This is a once-only payment. |
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Step |
Action |
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1. |
Work out the amount the member would have earned for any period of service between these dates, as if the former retention scheme had continued in force after 1 April 2003: a. The date that the member would first have become entitled to a retention payment under the former retention scheme, as if it had continued in force after 1 April 2003. b. 21 August 2005. |
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2. |
Subtract any amounts for periods when the member was not liable for air traffic control service or was not entitled to salary. |
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3 |
Subtract any amount the member has earned under clause 3.5.42, as in force on or after 1 April 2003 (whether under Defence Determination 2003/21, Conditions of Service, or under this Division). |
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4. |
If the outcome is a positive number, the member is entitled to that amount. |
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5. |
If the outcome is a negative number, no amount is paid. |
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Example: A member earned their air traffic control qualifications through No. 135 Basic Air Traffic Control Course. The member did not qualify under the former clause 2.3A.1 of Defence Determination 2000/1. At the time this clause operated, they had not yet attained one of the prescribed air traffic control ratings. The member earned their air traffic control rating on 1 September 2003. |
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Step |
Action |
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1. |
If the member had been qualified on 1 April 2003 the member would have been entitled to a retention payment under the former retention scheme. This would have been an entitlement of $15,000 a year. This adds up to $28,274 for the period 1 September 2003 and 21 August 2005. |
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2. |
The member did not have any periods without salary or air traffic control service. |
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Under clause 3.5.42, the member is entitled to $4,000 a year. This adds up to $7,540 for the period 1 September 2003 to 21 August 2005. $28,274 - $7,540 = $20,734 |
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4. |
The member may be paid $20,734. |
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5. |
This clause ceases to operate on 9 August 2008. |
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1A. |
This clause ceases to apply on 9 August 2007. |
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1. |
In this clause, Navy engineer means a member described in this table. |
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Item |
A Navy engineer is a member who holds the rank of... |
and who holds... |
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a. |
Sub Lieutenant |
a classification as: i. a Marine Engineer; or ii. a Weapons Electrical Engineer; or iii. an Aerospace Engineer. |
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b. |
Lieutenant |
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c. |
Lieutenant Commander |
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d. |
Commander |
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e. |
Captain |
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f. |
Commodore |
the qualifications for classification as: i. a Marine Engineer; or ii. a Weapons Electrical Engineer; or iii. an Aerospace Engineer. |
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2. |
This clause applies to a member who meets the conditions in the table. |
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Item |
If the member is in... |
then this clause applies to them if... |
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a. |
the Permanent Forces |
the CDF certifies that the member is liable to perform duty in a position designated for a Navy engineer. |
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b. |
the Royal Australian Naval Reserve |
they perform continuous full-time service in a position designated for a Navy engineer. |
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3. |
The member is entitled to Navy engineer retention allowance paid on a fortnightly basis at the annual rate in this table that corresponds to their qualifications. |
Item |
A member with this qualification... |
is entitled to this rate of allowance ($ a year)... |
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a. |
Marine Engineer Officer Certificate of Competence (reference P0001322) |
$5,000 |
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b. |
Weapons Electrical Engineers Officer Certificate of Competence (reference P000056) |
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c. |
Aerospace Engineer
Officer Certificate of Competence (reference P000111) |
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d. |
Machinery Charge Certificate (Other) (reference P001320) |
$10,000 |
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e. |
Submarine Marine Engineer Officers Charge Qualification (reference P000608) |
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f. |
Weapons Electrical Engineers Officer Charge Qualification (reference P000057) |
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g. |
Weapons Electrical Engineers Officer Charge Qualification (Submarine) (reference P000068) |
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h. |
Aerospace Engineer
Officer Charge Qualification (reference P000112) |
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i. |
Navy Charge Qualified (reference P100587) |
$15,000 |
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4. |
The member is entitled to the allowance on a pro rata basis when they are on any of these forms of leave. |
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a. |
Part-time leave without pay. |
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b. |
Maternity leave at half pay. |
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c. |
Long service leave at half pay. |
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5. |
A member’s entitlement to the allowance ceases for any period when one or more of these situations applies to them. |
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a. |
They are not entitled to salary. |
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b. |
They are not liable to serve as a Navy engineer. |