31Calculation of daily rate of pay of convicted person

#### 31 Calculation of daily rate of pay of convicted person For the purposes of paragraph 3 (9) (a) of the Act, the amount that is to be taken, for the purposes of the Act, to be the amount of daily rate of pay applicable in relation to a class of persons in which a convicted person is included, is: (a) where the convicted person is a person included in the class of persons comprising defence members rendering continuous full‑time service—the amount of the daily rate of salary payable to that person under the determination applicable to the person under section 58B or 58H of the Defence Act 1903 as in force on the day on which that person was convicted; or (b) where the convicted person is a person included in the class of persons comprising defence members who are not rendering continuous full‑time service—the amount that is the daily rate of pay that would be payable to that person under the determination that would, if the convicted person were rendering service other than continuous full‑time service, be applicable to the person under section 58B or 58H of the Defence Act 1903 as in force on the day on which that person was convicted.