13Salary of certain eligible employees on leave of absence without pay

#### 13 Salary of certain eligible employees on leave of absence without pay (1) In respect of an eligible employee who is on leave of absence without pay, the annual rate of salary of the person on a particular day during a relevant period (as defined in subregulation (1A)) that is, or forms part of, a period of leave of absence without pay is, for the purposes of the Act, an amount per annum equal to the annual rate of the notional salary of the eligible employee on that day. (1A) For the purposes of subregulation (1), a relevant period is: (a) a period during which: (i) section 51 of the Act does not apply to the eligible employee; and (ii) section 51A of the Act does not apply to the eligible employee; and (iii) circumstances prescribed by subregulation (2) do not apply in respect of the eligible employee; or (b) a period during which section 51A of the Act applies to the eligible employee, being a period that forms part of his or her period of contributory service. (2) For the purposes of subparagraph (1A)(a)(iii), prescribed circumstances apply in respect of an eligible employee: (a) where: (i) the eligible employee is on leave of absence without pay and section 51 of the Act does not apply to the eligible employee; (ii) the leave of absence has been granted for the purpose of enabling the eligible employee to undertake, and the eligible employee undertakes, employment in a teaching capacity with the University of New South Wales in the Faculty of Military Studies at the Royal Military College; and (iii) during the period of leave of absence salary is payable to the eligible employee in respect of the employment referred to in subparagraph (ii) at an annual rate that is higher than the annual rate of the notional salary of the eligible employee; or (b) where: (i) at any time on or after 3 February 1977 the eligible employee is on leave of absence without pay, being leave of absence granted for a period of not less than 12 months in respect of which CSC has directed that subsection 51(1) of the Act does not apply; (ii) the leave of absence has been granted for the purpose of enabling the eligible employee to undertake, and the eligible employee undertakes, employment on a full‑time basis in an office within an approved organization; and (iii) during the period of leave of absence salary is payable to the eligible employee in respect of the employment referred to in subparagraph (ii) at an annual rate that is higher than the annual rate of the notional salary of the eligible employee; or (c) where: (i) the eligible employee is on leave of absence without pay for a period of not less than 12 months in respect of which CSC has directed that subsection 51(1) of the Act does not apply; (ii) the leave of absence has been granted for the purpose of enabling the eligible employee to undertake, and the eligible employee undertakes, prescribed employment other than employment of the kind referred to in paragraph 12(c)(vi); and (iii) during the period of leave of absence salary is payable to the eligible employee in respect of the prescribed employment that he has undertaken at an annual rate that is higher than the annual rate of the notional salary of the eligible employee; or (d) where: (i) an eligible employee to whom section 51 of the Act does not apply is on leave of absence without pay from the Australian and Overseas Telecommunications Corporation; and (ii) that leave has been granted to the eligible employee to enable him or her to undertake employment with Telecom Australia (International) Limited; and (iii) the eligible employee is engaged in that employment at an annual rate of salary that is higher than the annual rate of the notional salary of the eligible employee; or (e) where: (i) an eligible employee to whom section 51 of the Act does not apply is on leave of absence without pay from the Australian and Overseas Telecommunications Corporation; and (ii) that leave has been granted to the eligible employee to enable that employee to undertake employment with Advanced Network Management Pty Ltd; and (iii) the eligible employee is engaged in that employment at an annual rate of salary that is higher than the annual rate of the notional salary of that employee.