Document ID: chunk:federal_register_of_legislation:C2004A03971:section:1990:p30
Version: federal_register_of_legislation:C2004A03971
Segment Type: section
Provision Reference: s 1990 (pt 30/38)
Character Range: 92572–95284

of the powers of the Chief Executive Officer under this Act.".

Basic contributions

38. Section 45 of the Principal Act is amended by inserting ", 51b" after "51a".

Decreases in salary

39. Section 47 of the Principal Act is amended:

   (a) by omitting from subsection (1) "to be that highest rate" and substituting the following words and paragraphs:

"to be:

(a) where paragraph (b) does not apply—that highest rate; or

(b) where, if:

            (i) there had not been any decrease in his annual rate of salary during the period commencing immediately after the last day on which that highest annual rate of salary was payable to him and ending on the relevant anniversary; and

            (ii) account were taken of any increase in salary that he would have received during that period other than an increase resulting from his progressing to

            a higher level of salary within a graduated range of salaries applicable to the office held by him or the employment in which he was employed;

       the annual rate of salary of the eligible employee on the relevant anniversary (in this paragraph called the 'imputed annual rate of salary') would be higher than that highest annual rate of salary—that imputed annual rate of salary.";

    (b) by omitting from subsection (3) "to be that highest rate" and substituting the following words and paragraphs:

"to be:

(c) where paragraph (d) does not apply—that highest rate; or

(d) where, if:

            (i) there had not been any decrease in his annual rate of salary during the period commencing immediately after the last day on which that highest annual rate of salary was payable to him and ending on the relevant anniversary; and

            (ii) account were taken of any increase in salary that he would have received during that period other than an increase resulting from his progressing to a higher level of salary within a graduated range of salaries applicable to the office held by him or the employment in which he was employed;

       the annual rate of salary of the eligible employee on the relevant anniversary (in this paragraph called the 'imputed annual rate of salary') would be higher than that highest annual rate salary—that imputed annual rate of salary.".

40. Section 51a of the Principal Act is repealed and the following sections are substituted:

Maternity and parental leave

"51a. (1) This section applies to a person:

    (a) who is, or at any time has been, an eligible employee; and

    (b) who, on or after 1 July 1990, has been, while an eligible employee, on leave of absence without pay for reasons related to:

(i) the birth of a child of the person or of the spouse of the person; or

(ii) the