(1) A prescribed defence member is:
(a) in the Navy--a defence member who holds a rank of or below the rank of lieutenant; or
(b) in the Army--a defence member who holds a rank of or below the rank of captain; or
(c) in the Air Force--a defence member who holds a rank of or below the rank of flight lieutenant;
but does not include a member covered by a determination in force under subsection (2).
(2) A service chief may, by legislative instrument, determine that any of the following is not a prescribed defence member :
(a) a specified defence member, or each member of a specified class of defence members, holding the rank of warrant officer;
(b) a specified defence member, or each member of a specified class of defence members, holding the rank of chief petty officer;
(c) a specified defence member, or each member of a specified class of defence members, holding the rank of flight sergeant.