Defence (Individual Housing Assistance – Post termination of service) Determination 2018

made under section 58B of the Defence Act 1903

Compilation No. 2

Compilation date:   12 December 2023

Includes amendments up to: Defence (Individual Housing Assistance – Post termination of service) Amendment Determination 2023

About this compilation

This compilation

This is a compilation of the Defence (Individual Housing Assistance – Post termination of service) Determination 2018 that shows the text of the law as amended and in force on 12/12/2023 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 

3  Authority

4  Purpose

5  Definitions

6  Housing benefit

8  Removal benefit

9  End of benefit

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

1  Name

  This instrument is Defence (Individual Housing Assistance – Post termination of service) Determination 2018.

3  Authority

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

4  Purpose

  The purpose of this Determination is to provide housing assistance for a member after their service in the Defence Force has been terminated.

5  Definitions

  Member means the member of the Defence Force who holds the employee identification number of 8515122 immediately before the commencement of this Determination.

  Furniture and effects means any item that may be removed under Chapter 6 Part 5 Division 2: Removal of furniture and effects of Defence Determination 2016/19, Conditions of service, as in force from time to time.

6  Housing benefit

1. The member is eligible to occupy the residence occupied by the member immediately before the commencement of the determination from the day after the member’s service in the Defence Force is terminated until the earlier of the following days:

1. The day the member vacates the residence; or
2. 31 December 2024.

2.                   Any terms and conditions that applied to the member with respect to their occupation of the residence prior to the termination of their service in the Defence Force continue to apply to the member as though the member’s service in the Defence Force had not been terminated.

8  Removal benefit

1. The member is eligible for the removal of their furniture and effects from the residence provided under section 6 to the member’s own home.
2. The removal may occur on a day specified by the member, provided reasonable notice is given, but no later than 31 December 2024.

9  End of benefit

Benefits provided under this Determination cease on 31 December 2024.

Endnotes

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

Endnote 3—Legislation history

Endnote 4—Amendment history