Document ID: chunk:federal_register_of_legislation:F2023C01043:reg:8e:p5
Version: federal_register_of_legislation:F2023C01043
Segment Type: reg
Provision Reference: reg 8E (pt 5/6)
Character Range: 46094–48587

the period referred to in subparagraph (b)(ii) in relation to the person, were the normal hours of duty of the person during that period;
F is:
 (o) except where paragraph (p) applies—the number of days in the pay periods in relation to the person included in his or her final year of service; or
 (p) if the person was an eligible employee for a continuous period of less than 12 months immediately preceding his or her last day of service—the number of days in the pay periods in relation to the person that would have been included in the period of 12 months ending on the expiration of his or her last day of service if the person had been an eligible employee during the whole of that period; and
G is the number of days in the pay periods in relation to the person included in the period referred to in subparagraph (b)(ii) in relation to the person.
 (4) Where:
 (a) subparagraphs (3)(b)(i) and (ii) apply in relation to a person to whom this regulation applies; and
 (b) the Commissioner is of the opinion that there is a likelihood that, if the first‑mentioned person had not ceased to be an eligible employee, shift allowance would have been payable on a regular basis to the person during the period of 12 months that commenced on the day on which the period referred to in subparagraph (3)(b)(ii) in relation to the person commenced;
the Commissioner shall give a certificate to that effect specifying the day on which the first‑mentioned period commenced.
 (5) For the purposes of subregulation (3):
 (a) the reference in the definition of A to the amount of salary paid or payable to a person in respect of a pay period in relation to the person is a reference to the amount (in this paragraph referred to as the relevant amount) of the aggregate of:
 (i) the amount of salary (within the meaning of section 5 of the Act) paid or payable to the person in respect of the pay period; and
 (ii) the amount, being an amount equal to the amount in respect of shift allowance included in the salary or wages paid or payable to the person in respect of that pay period, that, by virtue of regulation 8C, is not, in relation to the person, to be treated as salary for the purposes of the Act;
  or if during the whole or part of the pay period the person was an approved part‑time employee, an amount of salary equal to the amount ascertained:
 (iii) except where subparagraph (iv) applies—in accordance with the formula:
  ; or
 (iv) where the salary (within the meaning of section 5 of