Document ID: chunk:federal_register_of_legislation:F2025C00160:front:0:p94
Version: federal_register_of_legislation:F2025C00160
Segment Type: other
Provision Reference: 
Character Range: 469969–474813

employment category the member holds is restructured.
   d.                                                                                                      The specialist career structure that the member is paid under is restructured.
   e.                                                                                                      The member is promoted from the rank of Colonel to Brigadier, and the member was formerly in any of the following classes.
   i.                                                                                                      The member was formerly paid a salary for pay grade 9 or 10, derived from Part 1 or 2 of Schedule B.3 of DFRT Determination No. 2 of 2017, Salaries.
   ii.                                                                                                     The member's salary was formerly derived from Schedule B.6 of DFRT Determination No. 2 of 2017, Salaries.
   iii.                                                                                                    The member's salary was formerly derived from Schedule B.7 of DFRT Determination No. 2 of 2017, Salaries.
   iv.                                                                                                     The member's salary was formerly derived from Schedule B.8 of DFRT Determination No. 2 of 2017, Salaries.

3.2.51 Member this Division does not apply to

   This Division does not apply to a member whose salary would reduce in any of the following circumstances.
   a.                                                                                                         The member's performance of duty is not satisfactory.
   b.                                                                                                         The member is subject to disciplinary action.
   c.                                                                                                         The member is subject to administrative sanction.
   d.                                                                                                         The member chooses to transfer to another employment category.
   e.                                                                                                         The member is reduced in rank.
   f.                                                                                                         The member ceases to hold a competency that exists under the specialist career structure, for which salary was previously payable to the member.
   g.                                                                                                         The Defence Force Remuneration Tribunal has determined a transitional salary structure for the member that would provide salary non-reduction for the member.
   h.                                                                                                         An Other Rank member on appointment and commissioning.

3.2.52 Salary non-reduction period

1.  Salary is payable to a member at the rate of salary payable to them immediately before they became eligible under this Division, for a period set out in subsection 3. This is known as a salary non-reduction period.
2.  A member's non-reduction salary rate may be adjusted in accordance with the following conditions if applicable.
    a.                                                                                                                                                                                                                      The member may continue to be paid an annual increment of salary. The incremental rate is payable as if the pay grade or specialist career structure for which the member's salary non-reduction is payable had continued to operate.
    b.                                                                                                                                                                                                                      The preserved rate (if applicable) payable to the member is adjusted in the same proportion as any general salary increase determined from time to time for the ADF by the Defence Force Remuneration Tribunal.
    c.                                                                                                                                                                                                                      A specialist officer may be taken to continue to hold a salary under a scale of rates that has previously been preserved for the specialty, if express transition or conversion arrangements are not made for the officer.
3.  For subsection 1, the salary non-reduction period applies to a member who meets the conditions in column A of the following table for the period