Document ID: chunk:federal_register_of_legislation:F2023C00596:reg:14:p2
Version: federal_register_of_legislation:F2023C00596
Segment Type: reg
Provision Reference: reg 14 (pt 2/3)
Character Range: 13315–15818

the duties of which the employee was performing, or would, but for the employee's absence on authorised leave, have performed on the relevant day;
that amount is to be included in the salary payable to the employee in respect of that part of the period of long service leave to the extent only that it would be so included if the employee had performed on the relevant day the duties of the office specified in the certificate.
 (4) The condition subject to which a payment in accordance with subsection 16(4) or 17(2) of the Act to a person who ceases to be an employee is to include an amount in respect of higher duties allowance is:
 (a) that the person has, or would, but for the person's absence on authorised leave, have, during a continuous period of not less than 12 months ending on the expiration of the relevant day, performed the duties of a single office having a higher classification than the person's own office; or
 (b) that, immediately before the person ceased to be an employee, the person has, or would, but for the person's absence on authorised leave, have performed the duties of 2 or more offices each of which has a higher classification than the person's own classification for periods that were continuous with one another and the aggregate of which is not less than 12 months.
 (5) Where:
 (a) a payment in accordance with subsection 16(4) or 17(2) of the Act to a person who ceases to be an employee is to include an amount in respect of higher duties allowance; and
 (b) paragraph (4)(b) of this section applies to the person; and
 (c) at any time during the period of 12 months immediately preceding the relevant day, the person performed the duties of an office in respect of which higher duties allowance was payable to the person at a rate that is lower than the rate of the allowance payable to the person for the duties performed by the person on the relevant day;
that amount is to be included in the payment referred to in paragraph (a) of this subsection to the extent only that it would be so included if the person had performed on the relevant day the duties in respect of which higher duties allowance was payable to the person at the lower or lowest rate, as the case may be, at which such an allowance was payable to the person during that period of 12 months.
 (6) In this instrument:
relevant day:
 (a) in relation to an employee who has been granted long service leave, means the day immediately preceding the day on which that leave commences; and
 (b)