Document ID: chunk:federal_register_of_legislation:C2015C00453:clause:3_3:p1
Version: federal_register_of_legislation:C2015C00453
Segment Type: clause
Provision Reference: sch 3 cl 3 (pt 1/2)
Character Range: 126784–129416

3  Benefits on ceasing to hold office
(1) This item applies in relation to the person who was taken to have been appointed as the Chief Judge Advocate by force of item 2 of this Schedule, if:
 (a) a day before the end of the 8 year period referred to in subparagraph (3)(a)(i) of that item is declared to be the termination day under item 8 of this Schedule; and
 (b) the person's appointment by force of item 2 of this Schedule continued to be in force immediately before the termination day.
(2) Subject to subitems (3), (4) and (6), the person is taken to be entitled to be paid the amount that he or she would have been entitled to be paid under Clause 2.7.3 of Determination 2009/07 of the Remuneration Tribunal if:
 (a) the office of Chief Military Judge had existed on the High Court decision date; and
 (b) the person's appointment to that office had been prematurely terminated on the High Court decision date, other than:
 (i) for reasons of misbehaviour or unsatisfactory performance; or
 (ii) on account of mental or physical incapacity, if the person was entitled to receive invalidity retirement benefits under Commonwealth superannuation legislation; and
 (c) the Commonwealth had not offered the person suitable alternative employment after that premature termination.
(3) The person is not entitled to be paid an amount under subitem (2) if, before the termination day, the Commonwealth offers the person employment that would have been suitable alternative employment in relation to the office that the person purportedly held as Chief Military Judge.
(4) The person is not entitled to be paid an amount under subitem (2) if, before the termination day, the person ceases to be a member of the Permanent Forces.
(5) If a person is paid an amount under subitem (2), the person is taken to have completed a period of service for the purposes of regulation 64 of the Defence (Personnel) Regulations 2002 at the time the amount is paid.
(6) For the purposes of working out the amount that the person would have been entitled to be paid under Clause 2.7.3 of Determination 2009/07 of the Remuneration Tribunal, the months of service that would, apart from this subitem, remain is reduced by the number of months during which the person held office as Chief Judge Advocate on or after the commencement day.
(7) The amount payable under subitem (2) is to be reduced by the amount, if any, that the person has been, or is entitled to be, paid under Clause 2.7.3 of Determination 2009/07 of the Remuneration Tribunal in respect of the premature termination of the person's appointment to the office of Chief Military Judge,