Federal Register of Legislation - Australian Government

Primary content

Determinations/Other as made
This determination amends the Defence Determination 2016/19, Conditions of service to provide for a member who has been directed to perform higher duties for a period of three months or more to be eligible for executive vehicle allowance.
Administered by: Defence
Registered 11 Dec 2019
Tabling HistoryDate
Tabled HR04-Feb-2020
Tabled Senate04-Feb-2020
Table of contents.

Defence Determination, Conditions of service Amendment (Executive vehicle allowance) Determination 2019 (No. 35)

I, MICHAEL IAN McCULLOCH, Acting Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.

Dated 11 December 2019

Michael McCulloch

Acting Assistant Secretary
People Policy and Employment Conditions
Defence People Group

 

 

 


Contents

1  Name........................................................................................................................................ 1

2  Commencement........................................................................................................................ 1

3  Authority.................................................................................................................................. 1

4  Schedules................................................................................................................................. 1

Schedule 1—Executive vehicle allowance                                                                   2

Defence Determination 2016/19, Conditions of service                                                                2

Schedule 2— Transitional provision                                                                           4


 

1  Name

                   This instrument is Defence Determination, Conditions of service Amendment (Executive vehicle allowance) Determination 2019 (No. 35).

2  Commencement

                   This instrument commences on 12 December 2019.

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                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 1—Executive vehicle allowance

Defence Determination 2016/19, Conditions of service

1
Section 4.6.2. (Member this Part applies to)

 

Omit section, substitute:

4.6.2    Member this Part applies to

1.

This Part applies to a member who holds a star rank.

2.

In addition to subsection 1, the following apply.

 

a.

Sections 4.6.4 to 4.6.6 inclusive apply to a member of the Reserves who holds a star rank.

 

 

b.

Section 4.6.6 applies to a member who does not hold a star rank and is directed to perform the duties of a star rank.

 

2
Section 4.6.3 (Definitions)

 

Omit the table, substitute:

 

Term

Definition

Star rank

A rank listed in table items 1 to 5 in section 1 of Schedule 1 to the Act.

 

3
Section 4.6.6. (Executive vehicle allowance)

 

Omit section, substitute:

4.6.6    Executive vehicle allowance

1.

This section does not apply to a member holding the rank of Lieutenant General or higher.

2.

The member is eligible for executive vehicle allowance if any of the following apply.

 

a.

They hold a star rank, other than under paragraph 13(1)(b) of the Defence Regulation.

 

b.

They have been directed do either of the following for a continuous period of three months or more.

 

 

i.

Act at a star rank under paragraph 13(1)(b) of the Defence Regulation.

 

 

ii.

Perform duties of a higher rank that is a star rank.

3.

Subject to subsection 4, the rate of executive vehicle allowance for a member who performs the type of service in column A and holds the rank in column B is the rate in column C of the following table.

 

Note: A member who is directed to act at a higher rank (including a star rank) under paragraph 13(1)(b) of the Defence Regulation is considered to be holding the higher rank.

 

 

Item

Column A

Service type

Column B

Rank

Column C

Rate

1.

The member is performing continuous full-time service.

Brigadier

$25,208 a year.

Major General

$26,928 a year.

2.

The member is performing Reserve service

Brigadier

$69.06 a day.

Major General

$73.78 a day.

 

 

Note 1: The method used to calculate the amount of allowance is provided under:
1. Subsection 3.2.7, for members on continuous full-time service.
2. Subsection 3.2.7A, for members on a flexible service determination.

Note 2: The allowance is paid fortnightly in addition to salary.

Note 3: Calculation of the payment is based on a 14 day fortnight.

Note 4: The allowance does not count as salary for superannuation purposes.

4.

For the purpose of column B in subsection 3, a member holding the rank in column A who is directed to perform the duties of the rank in column B is taken to hold the rank in column C of the following table.

 

Item

Column A

Column B

Column C

1.

Colonel or lower

Brigadier

Brigadier

2.

Brigadier or Major General

Major General or higher

Major General

 

Schedule 2— Transitional provision

 

1
Executive vehicle allowance transition

1.

This section applies to a member who meets both the following.

 

a.

The member would have been eligible to receive executive vehicle allowance under section 1 of this Determination had it been in force on 17 December 2018.

 

b.

The member has not received executive vehicle allowance under the Principal Determination between 17 December 2018 and the commencement of this Determination.

2.

A member is eligible to receive an amount that is the equivalent to the amount of executive vehicle allowance that the member would have received for the period that they would have been eligible had this Determination commenced on 17 December 2018.