1.

Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

1. Sections 1 to 4

The day after the instrument is registered.

2. Schedule 1

Immediately after the commencement of Schedule 5—Higher duties allowance amendment of Defence Determination, Conditions of service Amendment Determination 2020 (No. 28).

3. Schedule 2

13 May 2021.

4. Schedules 3 and 4

8 July 2021.

5. Schedule 5.

5 August 2021.

6. Schedules 6 and 7.

13 May 2021.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

2.

Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

1

Section 4.1.1 (Purpose)

Omit “within the ADF”.

2

Section 4.1.2 (Definitions), higher rank

Omit “a Defence APS position”, substitute “an APS position”.

3

Section 4.1.4 (Member not eligible for higher duties allowance)

Omit the section, substitute:

The following members are not eligible for higher duties allowance.

a.

A trainee or member undergoing training.

b.

A member who is an Aviation Specialist.

c.

A member in the Navy or Air Force, who is in the Specialist Pathway of the Officer Aviation Pay Structure.

b.

Statutory office holders.

e.

A member holding a rank in an item column A of the following table, who has been directed to perform the higher duties at the rank or salary proficiency point described in column B of the same item.

4

Subsection 4.1.5.2 (Eligibility for higher duties allowance)

Omit the subsection, substitute:

2.

An approver must not approve higher duties allowance for any of the following.

a.

A period where a member has been directed to perform higher duties for less than 10 consecutive days.

b.

A period that exceeds one of the following.

i.

If the member has been posted to the position in which the higher duties is being performed — the duration of the member’s posting to that position.

ii.

If subparagraph i does not apply — 12 months.

1

Section 5.2.6 (Destinations becoming a restricted destination on 18 March 2020)

Omit the section, substitute:

Sections 5.2.4 and 5.2.5 do not apply to a member who meets all of the following.

a.

The member is on a long-term posting overseas.

b.

The member enters, or travels within, a country that is not listed in the following table.

1

Subsection 7.4.29.2 (Higher contribution for single bedroom apartments – Homebush and North Strathfield)

Omit "269.70", substitute "265.93".

2

Annex 7.4.B (Rates of contribution for living-in accommodation)

Omit the Annex, substitute:

 Item

Column A

Member's rank

Column B

Number of beds in room

Column C

Column D

Column E

Column F

Column G

Contribution per fortnight ($)

Level 1

Level 2

Level 3

Level 4

Level 5

1.

Major or higher

1

117.87

132.35

184.44

203.02

265.93

2.

Captain, Lieutenant, Second Lieutenant, Staff Cadet or Officer Cadet other than a
member paid salary under Schedule B.13 of DFRT Determination No. 2 of 2017, Salaries

1

117.87

132.35

184.44

203.02

221.61

2

58.93

66.18

92.23

101.51

110.80

3

39.29

44.12

61.49

67.67

73.86

4 or more

nil

3.

Regimental Sergeant Major of the Army, Warrant Officer Class 1, Warrant Officer Class 2, Staff Sergeant or Sergeant

1

104.88

118.43

166.78

194.20

221.61

2

52.44

59.22

83.40

97.10

110.80

3

34.96

39.48

55.60

64.72

73.86

4 or more

nil

4.

Corporal or lower

1

92.68

99.34

151.22

181.21

211.22

2

46.33

49.66

75.61

91.20

105.60

3

30.89

33.12

50.40

60.41

70.40

4 or more

nil

5.

A member paid salary under Schedule B.13 of DFRT Determination No. 2 of 2017, Salaries other than a

normal entry recruit during basic recruit training

1

92.68

2

46.33

3

30.89

4 or more

nil

6.

Normal entry recruit during basic recruit training

1 or more

nil

3

Subsection 7.9.5.3 (Casual meal charges), table item 1

Omit "8.00", substitute "8.50".

4

Subsection 7.9.7.1 (Fortnightly meal charge rate)

Omit "205.00", substitute "210.00".

5

Subsection 7.9.7.2 (Fortnightly meal charge rate)

Omit "14.64", substitute "15.00".

6

Subsection 7.10.9.1 (Contribution for utilities – member living in)

Omit "48.87", substitute "47.55".

1

Section 7.5.29 (Rate of contribution)

Omit the section, substitute:

The contribution for accommodation, meals and utilities for a member in a situation in an item in column A of the following table is the rate in the following columns for the same item.

a.

Accommodation — column B.

b.

Meals — column C.

c.

Utilities — column D.

Item

Column A

Member situation

Column B

Accommodation contribution

Column C

Meals contribution

Column D

Utilities contribution

1.

A member with dependants.

The contribution that would apply to them under Annex 7.D Part 1 column C if they were eligible for rent allowance and their applicable rent ceiling was Annex 7.E Part 1.2.

a.  For a hotel or serviced apartment for less than seven days – the amount set out for their salary in column A of Annex 7.F that corresponds with their number of dependants in columns B to D.

b.  For a serviced apartment for seven days or more — nil.

$110.75 a fortnight.

2.

A member with dependants (unaccompanied).

nil

nil

nil

3.

Member is assisted under section 7.5.7 (the SAFE scheme).

4.

Any other member.

the contribution that would apply to them for level 3 living-in accommodation with 1-bed in the room.

a.  for a hotel or serviced apartment for less than seven days – what they would contribute for meals under Part 9 Division 1 section 7.9.6 (Fortnightly meal charges) as if they were living in.

b.  for a serviced apartment for seven days or more — nil.

the contribution for utilities they would pay under Part 10 of this Chapter if the hotel or serviced apartment were level 3 living-in accommodation.

2

Subsection 7.9.10.2 (Eligibility and rate of food allowance)

Omit "205.06", substitute "212.03".

3

Subsection 7.9.10.3 (Eligibility and rate of food allowance)

Omit "20.51", substitute "21.20".

4

Subparagraph 7.10.4.1.b.i (Eligible member – reimbursement for utilities)

Omit "78.91", substitute "76.78".

5

Subsection 7.10.7.2 (Contribution for water – Service residence)

Omit "22.40", substitute "23.00".

6

Subsection 7.10.8.2 (Contribution for energy costs – tied or Service residences)

Omit "151.41", substitute "147.33".

7

Chapter 7 Annex 7.A (Contributions for Service residence or rent band choice accommodation)

Omit the Annex, substitute:

The contribution for a member holding a rank in column A of the following table who is occupying a Service residence with a classification in column B is one of the following.

a.

If the member is occupying a Service residence with 3 or more bedrooms the amount in column C of the same item.

b.

If the member chooses a Service residence with 2-bedrooms column D of the same item.

Item 

Column A

Rank

Column B

Service residence classification

Column C

Contribution for 3- bedrooms or more ($)

Column D

Contribution for 2-bedroom home

($)

1.

Major or lower

Group 1A

431.15

388.04

2.

Lieutenant, Second Lieutenant, Staff Cadet or Officer Cadet, Staff Sergeant, Sergeant, or Corporal or lower

Group A

507.32

456.59

Group B1 or Rent Band 1

508.67

457.81

Group B2 or Rent Band 2

508.67

457.81

3.

Captain, Regimental Sergeant Major of the Army, Warrant Officer Class 1 or Warrant Officer Class 2

Group B1 or Rent Band B1

508.67

457.81

Group B2 or Rent Band 2

632.24

569.02

Group C or Rent Band 3

632.24

569.02

4.

Lieutenant Colonel or Major

Group B2 or Rent Band 2

632.24

569.02

Group C or Rent Band 3

729.94

656.95

Group D or Rent Band 4

729.94

656.95

5.

Brigadier or Colonel

Group C or Rent Band 3

729.94

656.95

Group D or Rent Band 4

1,054.65

949.19

Group E or Rent Band 5

1,054.65

949.19

6.

Major General or higher

Group D or Rent Band 4

1,054.65

949.19

Group E or Rent Band 5

1,650.57

1,485.52

The fortnightly contribution for a member with dependants holding a rank in column A of the following table is the amount for their rent band or amenity group in columns B to E of the same item.

The fortnightly contribution for a member without dependants occupying a Service residence and not sharing is one of the following.

a.

For a member occupying a rent band classified Service residence with a rent band level in column A of the following table their contribution is the amount in column D of the same item.

b.

For a member occupying an amenity-based Service residence with an amenity group level in column B of the following table their contribution is the amount in column C of the same item if in a 2-bedroom Service residence, or in column D if in any other Service residence.

The fortnightly contribution for a member without dependants sharing a Service residence is one of the following.

a.

For a member sharing with one person who holds a rank in column A the amount in column B of the same item.

b.

For a member sharing with 2 or more people who holds a rank in column A the amount in column C of the same item.

Item

Column A

Rank group

Column B

Member sharing with 1 other person ($)

Column C

Member sharing with 2 or more people ($)

1.

Major General or higher

742.76

550.19

2.

Brigadier or Colonel

474.60

351.55

3.

Lieutenant Colonel or Major

328.48

243.32

4.

Captain, Regimental Sergeant Major of the Army, Warrant Officer Class 1 or Warrant Officer Class 2

284.51

210.75

5.

Lieutenant, Second Lieutenant
Staff Cadet or Officer Cadet,
Staff Sergeant, Sergeant or
Corporal or lower

228.91

169.56

8

Chapter 7 Annex 7.D (Contributions for rent allowance)

Omit the Annex, substitute:

The fortnightly rent allowance contribution for a member holding a rank in an item in column A of the following table is either of the following.

a.

For a member whose rent ceiling is set by subsection 7.8.9.5, column B of the same item.

b.

For a member whose rent ceiling is set by subsection 7.8.9.3.a, column C of the same item.

1.

Major General or higher

1,485.52

1,650.57

2.

Brigadier or Colonel

949.19

1,054.65

3.

Lieutenant Colonel or Major

656.95

729.94

4.

Captain, Regimental Sergeant Major of the Army, Warrant Officer Class 1 or Warrant Officer Class 2

569.02

632.24

5.

Lieutenant, Second Lieutenant, Staff Sergeant,

Sergeant, Corporal or lower, or a Trainee

457.81

508.67

The fortnightly rent allowance contribution for a member's rank in column A is the amount for their applicable rent ceiling in column B, column C or column D of the following table.

The fortnightly rent allowance contribution for a member holding a rank in an item in column A of the following table is either of the following.

a.

For a member whose rent ceiling is set by subsection 7.8.10.2 table item 1, column B of the same item.

b.

For a member whose rent ceiling is set by 7.8.10.2 table item 2, column C of the same item.

c.

For a member whose rent ceiling is set by 7.8.10.2 table item 3 or item 4, column D of the same item.

9

Chapter 7 Annex 7.E (Rent ceilings)

Omit the Annex, substitute:

The rent ceiling for a member without dependants or a member with dependants (unaccompanied) who lives alone in rental accommodation in the member's posting location is the rate for their location in column A that corresponds with their rank in columns B to F of the following table.

The rent ceiling for a member without dependants or a member with dependants (unaccompanied) who shares rental accommodation in the member's posting location with one other person is the rate for their location in column A that corresponds with their rank in columns B to F of the following table.

The rent ceiling for a member without dependants or a member with dependants (unaccompanied) who shares rental accommodation in the member's posting location with 2 other people is the rate for their location in column A that corresponds with their rank in columns B to F of the following table.