Federal Register of Legislation - Australian Government

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Determinations/Other as amended, taking into account amendments up to Defence Determination (Short-term overseas duty travel and benchmark schools) 2018 (No. 2)
Administered by: Defence
Registered 30 Jan 2018
Start Date 25 Jan 2018
Table of contents.

Commonwealth Coat of Arms

Defence Determination 2017/40, Deployment allowance - amendment

made under section 58B of the Defence Act 1903

Compilation No. 1

Compilation date:                              25 January 2018

Includes amendments up to:            Defence Determination 2018/2

 

 


About this compilation

This compilation

This is a compilation of Defence Determination 2016/19, Conditions of service, that shows the text of the law as amended and in force on 25/01/2018 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 


Contents

1......... Name............................................................................................................................... 2

2......... Commencement............................................................................................................... 2

3......... Authority......................................................................................................................... 2

4......... Schedules......................................................................................................................... 2

Schedule 1—Deployment allowance - amendment                                                                      3

Defence Determination 2016/19. Conditions of service                                                                3

Schedule 2—Transitional provisions                                                                                                    4

Defence Determination 2016/19. Conditions of service                                                                4

 

PAGE INTENTIONALLY LEFT BLANK


 

1  Name

                   This instrument is Defence Determination 2017/40, Deployment allowance – amendment.

2  ...

3  Authority

                   This instrument is made under section 58B of the Defence Act 1903.

4  Schedules

                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

 


Schedule 1Deployment allowance – amendment

Defence Determination 2016/19, Conditions of service

1
Subsection 17.7.6.1 (Rate of allowance) table

 

Omit the table, substitute:

 

Item

Operation

Specified area

Daily rate of allowance AUD

1.

ACCORDION

Bahrain, Qatar and United Arab Emirates

87.15

2.

ASLAN

South Sudan

159.98

3.

AUGURY

Afghanistan

159.98

Jordan

United Arab Emirates

87.15

4.

HIGHROAD

Afghanistan

159.98

5.

LITTEN

Libyan territorial waters

135.92

6.

MANITOU

The seas and superjacent airspace of:

a.  the Arabian Sea;

b.  the Gulf of Aden;

c.  the Gulf of Aqaba;

d.  the Gulf of Oman;

e.  the Gulf of Suez;

f.   the Persian Gulf;

g.  the Red Sea; and

h.  the Indian Ocean north of Latitude 15 degrees South and west of Longitude 70 degrees East.

This includes the ports adjacent and the area within a 10 kilometre radius of each port.

87.15

7.

MAZURKA

Egypt between the east bank of the Suez Canal and the international boundary between Egypt and Israel established by the peace treaty between Egypt and Israel signed in Washington on 26 March 1979, and an adjoining area extending 5km into Israel.

135.92

 

 

Item

Operation

Specified area

Daily rate of allowance AUD

8.

OKRA

Iraq and Syria

159.98

Any of the following.

a.  Albania;

b.  the Kingdom of Bahrain;

c.  Bosnia and Herzegovina;

d.  Bulgaria;

e.  Croatia;

f.   Cyprus;

g.  Czech Republic;

h.  Estonia;

i.   Hungary;

j.   the Hashemite Kingdom of Jordan;

k.  Kuwait;

l.   Montenegro;

m. the Persian Gulf;

n.  Poland;

o.  the State of Qatar;

p.  Romania;

q.  the United Arab Emirates; and

r.   the land territory of Turkey east of longitude 35° East.

87.15

9.

PALADIN

Egypt, Israel, Jordan and Lebanon

87.15

Syria

159.98

10.

Any other operation in accordance with subsection 17.7.5.2

Not applicable.

A rate approved by the Minister for Defence that is between 50.37 and 239.97.

 

 

 

 

 

                                                                                                                                                                    

 


Schedule 2—Transitional provisions

Defence Determination 2016/19, Conditions of service

1
Rate of allowance – Operation AUGURY

1.

This section applies to a member deployed on Operation AUGURY who was performing duty in the specified area under table item 3 of section 1 in Schedule 1 of this Determination between 28 April 2016 and the commencement of this Determination.

2.

A member is eligible for payment of deployment allowance for each day of duty in the specified area of Afghanistan between 28 April 2016 and the commencement of this Determination that is the difference between the following amounts.

 

a.

The relevant rate in the following table.

 

b.

Less the amount of deployment allowance that the member received for the same period of duty in the area specified immediately prior to the commencement of this Determination.

 

Item

From...

to...

the daily rate is...

1.

28 April 2016

2 November 2016

AUD 153.77

2.

3 November 2016

1 November 2017

AUD 156.84

3.

2 November 2017

the commencement of this Determination

AUD 159.98

 

3.

A member is eligible for payment of deployment allowance at the relevant rate for the dates specified in the following table for each day of duty the member meets both of the following conditions.

 

a.

The member performed duty in the United Arab Emirates on Operation AUGURY between 28 April 2016 and the commencement of this Determination.

 

b.

The member did not receive deployment allowance for duty performed in the United Arab Emirates prior to the commencement of this Determination.

 

Item

From...

to...

the daily rate is...

1.

28 April 2016

2 November 2016

AUD 83.77

2.

3 November 2016

1 November 2017

AUD 85.44

3.

2 November 2017

the commencement of this Determination

AUD 87.15

 


 

 

2
Rate of allowance – Operation LITTEN

1.

This section applies to a member deployed on Operation LITTEN who was performing duty in the specified area in table item 5 of section 1 in Schedule 1 of this Determination on any day in the following periods.

 

a.

Between 31 August 2016 and 21 October 2016.

 

b.

Between 4 November 2016 and the commencement of this Determination.


2.

A member is eligible for payment of deployment allowance at the rate specified in the following table for each day of duty performed in the Libyan territorial waters for Operation LITTEN between 28 April 2016 and the commencement of this Determination.

 

Item

From...

to...

the daily rate is...

1.

31 August 2016

21 October 2016

AUD 130.64

2.

4 November 2016

1 November 2017

AUD 133.26

3.

2 November 2017

the commencement of this Determination

AUD 135.92

 



3
Rate of allowance – Operation MANITOU

1.

This section applies to a member deployed on Operation MANITOU who meets both the following conditions.

 

a.

The member performed duty in the specified area in table item 6 of section 1 in Schedule 1 of this Determination at any time between 14 November 2016 and the commencement of this Determination.

 

b.

The member did not receive deployment allowance for duty performed in the area specified immediately prior to the commencement of this Determination.

2.

The member is eligible for payment of deployment allowance at the rate specified in the following table for each day of duty the member met the conditions set out in subsection 1.

 

Item

From...

to...

the daily rate is...

1.

14 November 2016

1 November 2017

AUD 85.44

2.

2 November 2017

the commencement of this Determination

AUD 87.15

 


 

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 

Endnote 2—Abbreviation key

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

exp = expires/expired or ceases/ceased to have

reloc = relocated

    effect

renum = renumbered

F = Federal Register of Legislation

rep = repealed

gaz = gazette

rs = repealed and substituted

LA = Legislation Act 2003

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

    effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

    cannot be given effect

Sub‑Ch = Sub‑Chapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

    commenced or to be commenced


Endnote 3 – Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Defence Determination 2017/40, Deployment allowance – amendment.

18 Dec 2017

15 Dec 2017

Schedule 2, sections 1, 2 and 3.

Defence Determination (Short-term overseas duty travel and benchmark schools) 2018 (No. 2)

18 Jan 2018

25 January 2018

Schedule 3 section 1.

 


 

Endnote 4 – Amendment history

Section

Amendments

section 2

rep LIA s48D

Schedule 2 1.3.b

am: 2018/2.

Schedule 2 3.2

am: 2018/2.