Document ID: chunk:federal_register_of_legislation:C2024C00861:section:3:p9
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 3 (pt 9/10)
Character Range: 42478–44972

shall be disregarded;
 (b) if, after the operation of paragraph (a), 2 or more punishments remain for consideration on either side of the comparison, regard shall be had only to the more severe, or the most severe, of the punishments so remaining on that side.
 (9) A reference in this Act to the amount of a convicted person's pay for a specific number of days (including a person who has no pay entitlement in respect of the day on which he or she was convicted) shall be read as a reference to an amount that is the product of:
 (a) the amount that is to be taken, for the purposes of this Act, to be the amount of daily rate of pay applicable in relation to a class of persons in which the person is included, being an amount ascertained in accordance with regulations that are in force for the purposes of this paragraph and are applicable in respect of the day on which the person was so convicted; and
 (b) the number of days specified in the reference.
 (10) Regulations made for the purposes of paragraph (9)(a) may provide for an amount of daily rate of pay to be ascertained by reference to a determination under section 58H of the Defence Act 1903 as in force at a particular time or as in force from time to time.
Note: In addition, section 14 of the Legislation Act 2003 allows regulations to prescribe matters by reference to disallowable legislative instruments as in force at a particular time or from time to time. That section would, for example, allow a regulation to prescribe matters by reference to a determination under section 58B of the Defence Act 1903 as in force at a particular time or from time to time.
 (11) A reference to a commanding officer in a provision of this Act that confers a power on a commanding officer includes:
 (a) a reference to an officer performing the duties and functions of a commanding officer by virtue of:
 (i) a direction given by means of a Defence Instruction; or
 (ii) an order, instruction or directive issued by, or under the authority of, the Chief of the Defence Force or a service chief; and
 (b) a reference to an officer appointed under subsection 5(1) whose instrument of appointment under that section authorizes the officer to exercise that power;
but does not include a reference to an officer in respect of whom a determination relating to the exercise of that power is in force under subsection 5(3).
 (12) A reference in this Act to a person who is on guard duty shall be read as including a reference to a person who: