Document ID: chunk:federal_register_of_legislation:C2004A03104:schedule:2:p9
Version: federal_register_of_legislation:C2004A03104
Segment Type: schedule
Provision Reference: sch 2 (pt 9/48)
Character Range: 58216–60962

member on a pay-day would cause severe hardship to the member, the paying officer may deduct a lesser amount in relation to the pay-day.
"(14) Where copies of more than one judgment, and statutory declarations in relation to those judgments, are served under sub-section (1) in relation to a member, the judgments shall be dealt with under this section in the order in which copies of the judgments are served under that sub-section.
"(15) Sub-sections (1) to (14) (inclusive) do not apply to a member—
     (a) who is a bankrupt; or
     (b) in relation to whom a deed of assignment, a deed of arrangement or a composition is in force under the Bankruptcy Act 1966.
"(16) In this section—
     'net salary', in relation to a member in relation to a pay-day, means the amount of salary payable by the Commonwealth to the member on the pay-day after deductions have been made—
         (a) pursuant to Division 2 of Part VI of the Income Tax Assessment Act 1936;
         (b) pursuant to Part III of the Defence Force Retirement and Death Benefits Act 1973; and
         (c) for purposes prescribed for the purpose of this paragraph;
     'member' means a member of the Defence Force rendering continuous full-time service;
     'normal deduction', in relation to a member in relation to a pay-day, means an amount equal to 20% of the net salary of the member in relation to the pay-day or such greater amount as the member notifies a paying officer, in writing, should be the normal deduction for the purposes of this section in relation to the pay-day;
     'pay-day', in relation to a member, means a day on which salary is payable to the member;
     'paying officer' means an officer of the Australian Public Service performing duties in the Department who is appointed by the Secretary, in writing, to be a paying officer for the purposes of this section;
     'salary', in relation to a member, means any money payable by the Commonwealth to the member by way of salary, and includes any money payable by the Commonwealth to the member by way of an allowance prescribed for the purposes of this definition, but does not include any money payable to the member by way of a weekly payment of compensation under the Compensation (Commonwealth Government Employees) Act 1971".

Section 123a—
Omit "or by an officer authorized by that chief of staff' (wherever occurring).

Paragraphs 123a (e) and (f)—
Re-letter paragraphs (e) and (f) as paragraphs (d) and (e) respectively.

SCHEDULE 1—continued

Paragraph 124 (1) (d)—
Omit the paragraph.

Paragraph 147a (1) (a)—
Omit "British subjects", substitute "Australian citizens".

Section 148a—
Repeal the section.

Defence Force Discipline Act 1982

After section 86—
Insert the following section: