Document ID: chunk:federal_register_of_legislation:F2020L00222:clause:1_1:p17
Version: federal_register_of_legislation:F2020L00222
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 17/21)
Character Range: 84888–91964

rank, within the member's pathway and competency stream.
    a.                                                                                                                                                                                                                                                                     For a member in the Navy or Army — subsection 14(1) of the Defence Regulation.
    b.                                                                                                                                                                                                                                                                     For a member in the Air Force — paragraph 14(1)(a), (b) or (c) of the Defence Regulation.
2.  The CDF must take the following into consideration when making a decision under subsection 1.
    a.                                                                                                                                                                                                                                                                     The member's previous service at the lower rank.
    b.                                                                                                                                                                                                                                                                     The member's relevant service in the higher rank.
    c.                                                                                                                                                                                                                                                                     The circumstances of the reduction in rank.
    Note: To avoid doubt, if an Officer Aviation member in the Air Force has their rank reduced under paragraph 14(1)(d) of the Defence Regulation, the member continues to hold the Officer Aviation increment the member held immediately before the reduction in rank.

3.2.47R    Increment on loss of Command appointment
1.  On the day that a Navy or Army Officer Aviation member loses their Command appointment for one of the following reasons, the CDF may decide the member's Officer Aviation increment within the increment range for the member's rank, pathway and competency stream, excluding the command increment levels.
    a.                                                                                                                                                                                                                                                                                                            The member was imposed with a censure or formal warning.
    b.                                                                                                                                                                                                                                                                                                            The member was convicted of either of the following.
    i.                                                                                                                                                                                                                                                                                                            An offence under the Defence Force Discipline Act 1982.
    ii.                                                                                                                                                                                                                                                                                                           A civilian criminal offence.
    c.                                                                                                                                                                                                                                                                                                            The member was suspended from duty.
2.  The CDF must take the following into consideration when making a decision under subsection 1.
    a.                                                                                                                                                                                                                                                                                                            The member's previous service.
    b.                                                                                                                                                                                                                                                                                                            The circumstances of the loss of the command appointment.

3.2.47S   Increment advancement
1.  For the purposes of subsections 3 and 4, the advancement period is any of the following periods of service.
    a.                                                                                                                                                                                                                                                                                                                                    For a member in the Permanent Forces — 12 months of service.
    b.                                                                                                                                                                                                                                                                                                                                    For a member in the Reserves (providing Reserve service and continuous full-time service) — 20 or more days of Reserve service in a 12 month period.
    c.                                                                                                                                                                                                                                                                                                                                    For a member who served in both the Permanent Forces and Reserves — 20 days of service in a 12 month period.
    Notes:
    1. The advancement period commences on the later of one of the dates set out in paragraph 4.b.
    2. A day of Reserve service is calculated based on the proportion of the daily rate the member is paid for the duty under section A.1.5 of DFRT Determination No. 2 of 2017, Salaries.
2.  For the purpose of calculating the advancement period under subsection 1, the advancement period is extended by any period when the member is on leave without pay or is absent without leave.
3.  A member whose Officer Aviation increment is below the top increment for the member's rank, pathway and competency stream will advance to