9Definition of salary

9 Definition of salary

(1) The salary of a covered ADF member on a day is the sum of the following determined under Part IIIA of the Defence Act 1903: (a) the annual rate of salary applying to the member on that day (on the assumption that the member is on full pay); (b) for a member to whom service allowance is payable—the annual rate of the service allowance for service by the member on that day; (c) for a member to whom higher duties allowance is payable—the annual rate of the higher duties allowance for service by the member on that day; (d) for a member to whom trainee allowance is payable—the annual rate of the trainee allowance for service by the member on that day. To avoid doubt, salary does not include any other allowance. (2) However, if a covered ADF member is a trainee of the Permanent Forces on a day and his or her salary worked out under subsection (1) is less than the maximum annual rate of salary (ignoring allowances) for a Private Group 1 or equivalent rank in the member’s arm of the ADF, the member’s salary on that day is that maximum annual rate. (3) Despite subsection (1), the salary of a covered ADF member holding one of the following offices on a day is the annual rate of salary on that day of a holder of the office determined under subsection 7(3) of the Remuneration Tribunal Act 1973: (a) Chief of the Defence Force; (b) Vice Chief of the Defence Force; (c) Chief of Navy; (d) Chief of Army; (e) Chief of Air Force; (f) Director of Military Prosecutions; (g) an office prescribed by the rules.