DEFENCE ACT 1903 - SECT 58B Minister may make determinations
DEFENCE ACT 1903 - SECT 58B
Minister may make determinations(1) The Minister may, by legislative instrument , make determinations, not inconsistent with this Act, providing for and in relation to:
(a) the remuneration of members; and
(b) the payment of allowances or other pecuniary benefits (except allowances or benefits by way of remuneration) to or for members, including the payment of additional compensation to members of the Reserves to whom compensation is payable under the Safety, Rehabilitation and Compensation (Defence - related Claims) Act 1988 ; and
(c) the payment of allowances or other pecuniary benefits to or in respect of members of the families of members; and
(d) leave of absence and long service leave of members; and
(e) the provision of other benefits to or in respect of members, or to or in respect of members of the families of members; and
(f) the payment of allowances and expenses to or in respect of, and the provision of travelling facilities for, applicants for appointment or engagement as members in respect of attendance at an enlistment centre of the Defence Force or attendance for interview or examination; and
(g) deductions from the remuneration of a member or from allowances or other pecuniary benefits referred to in paragraphs ( b) and (c); and
(ga) payments, by way of compensation, incentives or other benefits, to:
(i) members of the Reserves; or
(iii) their employers, business or professional partners or other associates; or
in relation to the availability of the members for defence service, or for losses incurred or inconvenience suffered because of the members' absence on defence service (including losses incurred or inconvenience suffered because of the operation of the Defence Reserve Service (Protection) Act 2001 ); and
(h) the meanings to be attributed to words and expressions used in existing determinations and future determinations made under this section, and the circumstances in which those meanings are to apply.
(1AA) Expressions used in paragraph ( 1)(ga) that are defined in the Defence Reserve Service (Protection) Act 2001 have the same meaning as in that Act.
(1A) Paragraph 1 4(1)(a) of the Legislation Act 2003 applies in relation to a determination under this section as if the reference in that paragraph to legislative instruments covered by subsection 14(3) of that Act included a reference to:
(a) determinations under section 58H of this Act; and
(b) determinations under section 24 of the Public Service Act 1999 .
Note: Section 14 of the Legislation Act 2003 allows legislative instruments to provide for matters by reference to disallowable legislative instruments as in force at a particular time or from time to time.
(1B) A determination under this section may provide that, where an amount has been paid (whether before or after the commencement of this subsection) to a member or to a member of the family of a member under the regulations or under a determination made under this section or under Division 2, the member or the member of the family of the member is required to pay to the Commonwealth an amount, not exceeding the first - mentioned amount, upon the occurrence of an event specified in the determination, and may provide for the manner of recovery of such an amount.
(2) Subsection ( 1) does not authorize the making of a determination providing for or in relation to the payment to or in respect of a member, or to or in respect of a member of the family of a member, of a benefit in the nature of a pension.
(9) In this section, a reference to this Act does not include a
reference to the regulations.