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Military Rehabilitation and Compensation Act 2004
188Commission may determine pay‑related allowances when defence work abolished
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188 Commission may determine pay‑related allowances when defence work abolished
(1) This section applies for the purposes of sections 91, 96, 104, 109, 114, 141, 144, 149, 154, 161, 164, 168 and 173 if a person’s compensable pay‑related allowance (the old allowance) ceases to exist before the allowance’s cessation date.
Note: Subsection (6) defines cessation date and compensable pay‑related allowance.
(2) The Commission may determine which of the current pay‑related allowances (if any) the person would have been paid instead.
(3) The amount of the old allowance that the person would have been paid for a period is the amount (if any) for the period of the pay‑related allowance determined under subsection (2).
Note: The amount of the pay‑related allowance mentioned in subsection (3) might include increases mentioned in section 185.
(4) The pay‑related allowance determined under subsection (2) is taken to be a compensable pay‑related allowance.
(5) The cessation date for the new allowance is taken to be the old allowance’s cessation date.
cessation date for a person’s pay‑related allowance means the date advised by the Chief of the Defence Force under the following provisions (as the case requires):
(a) subsection 91(4);
(b) subsection 96(2);
(c) subsection 104(4);
(d) subsection 109(4);
(e) subsection 114(2);
(f) subsection 141(4);
(g) subsection 144(4);
(h) subsection 149(2);
(i) subsection 154(2);
(j) subsection 161(2);
(k) subsection 164(4);
(l) subsection 168(4);
(m) subsection 173(2).
compensable pay‑related allowance has the meaning given by the following provisions (as the case requires):
(a) subsection 91(5);
(b) subsection 96(3);
(c) subsection 104(5);
(d) subsection 109(5);
(e) subsection 114(4);
(f) subsection 141(5);
(g) subsection 144(5);
(h) subsection 149(4);
(i) subsection 154(3);
(j) subsection 161(3);
(k) subsection 164(5);
(l) subsection 168(5);
(m) subsection 173(4).