This is the Defence (Payments to ADF Cadets) Determination 2016.

(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.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	1 July 2016.	1 July 2016

Note: This table relates only to the provisions of this instrument as originally made.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.

3 Authority

This instrument is made under subsection 62B(1) of the Defence Act 1903.

4 Definitions

Note: The expression ADF Cadets is used in this instrument and is defined in the Act.

In this instrument:

Act means the Defence Act 1903.

authorised person has the meaning given by section 9.

daily amount means an amount payable in respect of participation in an activity of the ADF Cadets for all or part of a day.

5 Eligibility for payments

Application required

(1) An officer or instructor in the ADF Cadets may apply, in writing, for the payment of:

(a) a daily amount; or

(b) an expense that has been, or will be, incurred;

in respect of participation in activities of the ADF Cadets.

(2) However, an officer or instructor in the ADF cadets may not apply for an allowance for more than 48 days of participation in activities of the ADF Cadets in a financial year.

(3) Despite subsection (2), an officer or instructor in the ADF cadets may apply for an allowance for more than 48 days of participation in activities of the ADF Cadets in a financial year if approved, in writing, by an authorised person.

Timing of application

(4) An application must be made on or before the end of the calendar month that follows the calendar month in which the officer or instructor:

(a) participated in the activities of the ADF Cadets; or

(b) incurred the expense relating to participating in the activities of the ADF Cadets.

(5) Despite subsection (4), an application may be made after the end of the relevant calendar month if approved, in writing, by an authorised person.

6 Amount of payments

Daily amounts

(1) If an application is made in respect of participation in activities of the ADF Cadets, the daily amount payable is the amount approved by the Vice Chief of the Defence Force, by notifiable instrument, for an officer or instructor at the same level as the applicant for the financial year.

Other amounts

(2) If an expense has been, or will be, incurred in respect of participation in activities of the ADF Cadets and an application is made, the amount payable is no more than the amount approved by the Vice Chief of the Defence Force, by notifiable instrument, for an expense of that kind for the financial year.

Note: See also section 7.

7 Recovery of amounts paid

If an amount is paid because an expense will be incurred in respect of participation in activities of the ADF Cadets and the expense is not, in fact, incurred, then the amount:

(a) is a debt due by the person to the Commonwealth; and

(b) may be recovered by action in a court of competent jurisdiction.

8 Other benefits

(1) In exceptional circumstances, the whole or part of an out‑of‑pocket expense relating to:

(a) an officer or instructor in the ADF Cadets; or

(b) a member of the family of an ADF Cadet;

may be reimbursed, if there is no other source for reimbursing the whole or part of that expense.

Note: These expenses would not be covered by subsection 6(2).

(2) The Vice Chief of the Defence Force or an authorised person may decide the amount of the reimbursement that is payable.

9 Authorised persons

A person is an authorised person for the purposes of this instrument, if the Vice Chief of the Defence Force authorises the person, in writing, to do one or more of the following:

(a) to approve applications for an allowance for more than 48 days of participation in activities of the ADF Cadets in a financial year for the purposes of subsection 5(3);

(b) to approve late applications for the purposes of subsection 5(5);