Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Minister may, by instrument in writing, make determinations, not inconsistent with this Act, the Naval Defence Act 1910 or the Air Force Act 1923 , providing for and in relation to:
(a) the remuneration of members or cadets; and
(b) the payment of allowances or other pecuniary benefits (except allowances or benefits by way of remuneration) to or for members or cadets, including the payment of additional compensation to members of the Reserves to whom compensation is payable under the Safety, Rehabilitation and Compensation Act 1988 ; and
(c) the payment of allowances or other pecuniary benefits to or in respect of members of the families of members or cadets; 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 cadets, or to or in respect of members of the families of members or cadets; 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 cadet 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
(ii) their dependants; or
(iii) their employers, business or professional partners or other associates; or
(iv) other persons;
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) A determination made under this section may make provision for or in relation to a matter by applying, adopting or incorporating, with or without modification:
(a) the provisions of any Act or of any regulations made under an Act or of any determination made under this section, section 58H of this Act or section 24 of the Public Service Act 1999 , as in force at a particular time or as in force from time to time; or
(b) any matter contained in any other instrument or writing as in force or existing at the time when the first‑mentioned determination takes effect.
(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 cadet or to a member of the family of a member or cadet under the regulations or under a determination made under this section or under Division 2, the member or cadet or the member of the family of the member or cadet 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.
(3) A determination shall not be made providing for or in relation to the forfeiture or assignment of the whole or part of:
(a) the remuneration of a member or cadet; or
(b) allowances or other pecuniary benefits referred to in paragraph (1)(b) or (c).
(4) A determination takes effect:
(a) on the day on which it is made; or
(b) where another day (which may be a day earlier than the day on which it is made) is specified for the purpose in the determination, on the day so specified.
(5) A determination shall not be expressed to take effect on a day earlier than the day on which it is made in any case where, if the determination so took effect:
(a) the rights of a person (other than the Commonwealth) existing immediately before the last‑mentioned day would be affected in a manner prejudicial to that person; or
(b) liabilities would be imposed on a person (other than the Commonwealth) in respect of anything done or omitted to be done before that last‑mentioned day;
and where, in a determination, any provision is made in contravention of this subsection, that provision shall be void and of no effect.
(6) The determinations made in each secular year (including determinations amending or revoking other determinations) shall be numbered in regular arithmetic series, beginning with the number 1, as nearly as possible in the order in which they are made.
(7) A determination may, without prejudice to any other manner of citation, be cited by reference to its number and the secular year in which it was made.
(8) The Minister shall cause to be published in the Gazette , in respect of each determination, notice of:
(a) the fact that the determination has been made; and
(b) the place or places where copies of the determination can be obtained.
(9) In this section, a reference to this Act does not include a reference to the regulations.
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]