Defence Determination 2005/15 (Cth)
Defence Determination 2005/15
made under section 58B of the Defence Act 1903
Compilation No. 5
Compilation date: 2 June 2016
Includes amendments up to: Defence Determination 2016/22.
This compilation is in 5 volumes
Volume 1 Chapter 1 – Chapter 3
Volume 2 Chapter 4 – Chapter 6
Volume 3 Chapter 7 – Chapter 11
Volume 4 Chapter 12 – 17
Volume 5 Endnotes
About this compilation
This compilation
This is a compilation of Defence Determination 2005/15, that shows the text of the law as amended and in force on 02/06/2016 (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 ( 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Chapter 1: Introduction (Required reading)
1.1.1 Overview
This clause is reserved for publication in the ADF Pay and Conditions Manual of an administrative description of the aims of Chapter 1.
1.1.2 Contents
This Chapter contains the following Parts. Part 1 About this Manual Part 2 Determinations that apply in this Manual Part 3 Definitions Part 4 Equivalent ranks and classifications Part 5 Member's rights and obligations Part 6 Payment of entitlements in special circumstances Part 1: About this Manual
1.1.3 Abbreviations
This table spells out abbreviations used in Chapters 1 to 17.
Abbreviation Meaning ADF Australian Defence Force APS Australian Public Service ATM Automatic teller machine CDF Chief of the Defence Force CTAS Career Transition Assistance Scheme DECA Defence Enterprise Collective Agreement 2012-2014 DFRDB Act The Defence Force Retirement and Death Benefits Act 1973 DFRT Defence Force Remuneration Tribunal DHA Defence Housing Australia GST Goods and Services Tax HPAS Home purchase assistance scheme HPSEA Home purchase or sale expenses allowance kg kilogram km kilometre MSBS Military Superannuation and Benefits Scheme NATO North Atlantic Treaty Organisation UK United Kingdom UN United Nations US or USA United States of America VCDF Vice Chief of the Defence Force
1.1.4 Overview
This clause is reserved for publication in the ADF Pay and Conditions Manual of an administrative description of the style and content of the Manual.
1.1.5 Structure
This clause is reserved for publication in the ADF Pay and Conditions Manual of an administrative description of the structure of the Manual.
Part 2: Determinations that apply in this Manual
This Part is reserved for publication in the ADF Pay and Conditions Manual of an administrative summary of the information provided about determinations that apply to ADF conditions of service.
Division 1: Overview – Defence determinations
This Division is reserved for publication in the ADF Pay and Conditions Manual of administrative information about the kinds of determinations that apply to ADF conditions of service.
Division 2: The Defence Determination on conditions of service
1.2.9 Defence Determination 2005/15 – general
Defence Determination 2005/15, Conditions of Service, is the main Determination authorising ADF conditions of service within Australia and overseas. It deals with a wide range of ADF conditions of service.
Examples: Leave, location allowances, reimbursement to members of Service-related expenses.
1.2.10 Date of effect
This Determination commences on 31 May 2005 .
1.2.11 Member Chapters 1 to 17 apply to
1.
Chapter 1 (other than Part 3 Division 2) applies to all ADF members, including members of the Reserves on Reserve service. Chapter 1 Part 3 Division 2 applies only to members on continuous full-time service.
2.
Chapters 2 to 17 apply only to members on continuous full-time service. This is unless an express intention to deal with another class of person is clear.
Example 1: A member of the Reserves on Reserve service is not entitled to housing assistance under Chapter 7. There is no express intention in that Chapter to apply housing assistance to members other than those on continuous full-time service.
Example 2: A member of the Reserves on Reserve service is entitled to payment of costs for travel on Defence business. Clause 9.5.14 states that this entitlement applies to these members.
Example 3: Some removal and housing entitlements are provided for dependants under Chapters 6 and 7 after the death of a member, or under Chapter 8 for the breakdown of their marriage. The provisions make it clear that the dependants have these entitlements.
3.
These members are on continuous full-time service.
a.
A member of the Permanent Forces.
b.
A member of the Reserves on continuous full-time service.
4.
A member of the Reserves on Reserve service is not on continuous full-time service.
See: The definitions of continuous full-time service and Reserve service in Chapter 1 Part 3 Division 1.
5.
This Determination may also expressly make any person or class of persons who is a cadet, or who is appointed as an officer or instructor of cadets, eligible for a benefit.
See:
Chapter 4 Part 8 Division 6, Cadet forces allowance
Chapter 11 Part 3, Payment of financial entitlements on death1.2.12 Meaning of words and phrases
1.
Part 3 of this Chapter defines terms used in Chapters 1 to 17. The definition applies to each use of the term throughout the Chapters, unless it is made clear otherwise.
2.
To avoid doubt, definitions in Chapter 1 Part 3 may apply in relation to a Reserve service member if necessary to determine their eligibility for a benefit.
Note: If an allowance is not normally payable to a member on Reserve service, then the definitions cannot be used to create that eligibility.
Example: An allowance is available to Reserve service members. The allowance rules use a term that is defined in Chapter 1 Part 3. That definition applies to Reserve service members to assist in the interpretation of the allowance rules and assess a member's eligibility.
Non-examples:
1.
Recreation leave only applies to members on continuous full-time service and uses terms defined in Chapter 1 Part 3. This rule does not operate to make recreation leave apply to members on Reserve service.
2.
Housing assistance is based on a posting location that is a term defined in Chapter 1 Part 3. The housing rules do not apply to Reserve service members. Members cannot use the posting location definition to create a housing benefit for themselves.
See: Part 3, Definitions
1.2.13 References to other legislation
1.
Reference may be made in Chapters 1 to 17 to any of these forms of legislation.
a.
An Act.
b.
A regulation made under an Act.
c.
A determination made under any of these provisions.
i.
Section 58B of the Defence Act 1903.
ii.
Section 58H of the Defence Act 1903.
iii.
Subsection 24 (1) of the Public Service Act 1999.
2.
Any such reference is to the Act, regulation or determination as in force from time to time. This is unless it is made clear otherwise.
Part 3: Definitions
1.3.1 Overview
1.
This Part defines terms and explains concepts used in Chapters 1 to 17.
2.
The terms defined in this Part apply to more than one Chapter. Terms with a special definition used only in particular areas are defined in that area.
3.
Special definitions about dependants are in Division 2 of this Part.
4.
Special definitions about overseas conditions of service are in Chapter 12 Part 3.
5. The Acts Interpretation Act 1901 and the Defence Act 1903 contain definitions of other terms that may apply.
Example 1: The Defence Act 1903 defines cadet, member, officer, remuneration, the Permanent Forces and the Reserves.
Example 2: The Acts Interpretation Act 1901 specifies how to work out periods of time and defines some commonly used words, including Australia, month, calendar year, financial year, the Commonwealth.
6. Time is expressed using a 24-hour clock system.
Note: Definitions in this Part may apply to Reserve service members. For further information see clause 1.2.12.
See: Part 2 clause 1.2.12, Meaning of words and phrases
1.3.2 Contents
This Part includes the following Divisions: Division 1 Definitions – general Division 2 Definitions – dependants Division 1: Definitions – general
FOR DEFINITIONS RELATING TO DEPENDANTS, SEE CHAPTER 1 PART 3 DIVISION 2
WARNING – DIFFERENT DEFINITIONS FOR OVERSEAS CONDITIONS OF SERVICE
The following terms are defined differently for overseas conditions of service:
long-term posting
posting location
posting periodshort-term duty
Those definitions are in Chapter 12.
See: Chapter 12 Part 3, Definitions for Chapters 12 to 17.
1.3.3 Purpose
This Division defines general terms and explains important concepts used in Chapters 1 to 17.
See: Division 2 for definitions and interpretations related to dependants.
1.3.4 Act
Act means the Defence Act 1903.
1.3.5 A day’s pay
A day’s pay means the daily rate of pay that a member of the Reserves is entitled to while they are on Reserve service. The service must be part of their authorised duty commitment.
See: DFRT Determination 15 of 2008, Salaries
Schedule B.1 – Senior officer salary rates
Schedule B.3 Parts 2 and 3 – Officer salary rates
Schedule B.4 Part 2 – Other rank member appointed as officer – transitional salary rates
Schedule B.5 Part 2 – Specialist Officer – Chaplain salary rates
Schedule B.6 Part 2 – Specialist Officer – Dental Officer salary rates
Schedule B.7 Part 2 – Specialist Officer – Legal Officer salary rates
Schedule B.8 Parts 2 and 2A – Specialist Officer – Medical Officer salary rates
Schedule B.10 Part 3 – Warrant Officer Class 1 salary rates
Schedule B.12 Part 2 – Other Rank salary rates
Schedule B.13 Part 2 – Trainee salary rates
Schedule B.14 Part 2 – Specialist Officer – Aviation
Schedule B.15 Part 2 – Senior Officer Specialist – Medical Officer
Schedule B.16 Part 2 – Senior Officer – Dental Officer
Schedule B.17 Part 2 – Senior Officer – Legal Officer
Schedule B.18 Part 2 – Senior Officer – Chaplain1.3.6 Baggage
1.
For service within Australia – baggage means a member’s personal possessions that meet either of these conditions.
a.
They accompany the member by public transport.
b.
They are sent by public transport unaccompanied.
2.
For a removal, baggage includes parts of a member’s furniture and effects that they choose not to be carried by a contracted removalist.
1.3.7 Cadet force
Cadet force means the Australian Navy Cadets, the Australian Army Cadets or the Australian Air Force Cadets.
1.3.8 Calendar month
Calendar month means a period that meets both these criteria.
a.
It starts at the beginning of a day of a month.
b.
It ends at either of these times.
i.
Immediately before the beginning of the corresponding day of the next month.
ii.
If there is no corresponding day in the next month – at the end of the next month.
Examples: 12 May 2000 – 11 June 2000; 30 January 2005 – 28 February 2005.
Note: This definition is based on the definition in the Acts Interpretation Act 1901.
1.3.9 Capital city
Capital city means Canberra, Darwin or the metropolitan area of the capital city of a State.
1.3.10 CDF
CDF means the Chief of the Defence Force. This includes a reference to another person that the CDF authorises to act on their behalf.
1.3.11 Commonwealth
Commonwealth includes a body corporate incorporated for a public purpose by or under a law of the Commonwealth or of a Territory. Commonwealth excludes an incorporated company, society or association.
See section 17 of the Acts Interpretation Act 1901.
1.3.12 Commonwealth removalist
Commonwealth removalist means Toll Transitions Pty Ltd, its subcontractors, agents or employees who provide removal services under a contract with the Commonwealth.
1.3.13 Compulsory residency
Compulsory residency means training in a hospital undertaken by a medical officer as a condition of entry into the medical profession. It does not matter whether or not the medical officer lives in accommodation provided by the hospital.
1.3.14 Compulsory retirement age
Compulsory retirement age means a member's compulsory retirement age under the Defence (Personnel) Regulations 2002.
1.3.15 Continuous full-time service
1.
Continuous full-time service excludes Reserve service. Members on continuous full-time service are paid an annual rate of salary under DFRT Determination No. 15 of 2008, Salaries. If eligible, they are entitled to the conditions of service under Chapters 2 to 17.
2.
This definition applies to the service performed by these two groups of members.
a.
Members of the Permanent Forces.
b.
Members of the Reserves who are specifically on a period of continuous full-time service with the Permanent Forces. (To be on continuous full-time service as defined in this clause, the ADF must specifically require a Reservist to perform duty for a period of continuous full-time service.)
See also: Clause 1.3.64 Reserve service.
Example: A member joined the Navy in 1990 and served 10 years in the Permanent Forces. The member then joined the Reserves and performed intermittent Navy reserve days during 2000 to 2004. The member is then called out for continuous full-time service for all of 2005.
Item During the period... the member was on... 1. 1990 to 1999 continuous full-time service. 2. 2000 to 2004 Reserve service. 3. 2005 continuous full-time service.
Note: 'Ceasing continuous full-time service' includes all forms of discharge. This includes on retirement, retrenchment, and on completing a period of engagement.
1.3.16 Daily rate
1.
The daily rate of any annual rate means the relevant calculation set out at clause 3.2.7.
See: Chapter 3 Division 1 clause 3.2.7, Calculating and pro rating salary and allowances
2.
If a member is eligible for a daily rate of an allowance determined by the Defence Force Remuneration Tribunal, the rate is listed in the relevant determination.
See: Chapter 3 Division 1 subclause 3.2.7.6, Calculating and pro rating salary and allowances
1.3.17 Dentist
Dentist means a dental practitioner registered under the law of a State or Territory. It includes an ADF dental officer.
1.3.18 Deployment
Deployment means warlike or non-warlike service overseas by members assigned for duty with a UN mission or a similar force.
1.3.19 Doctor
Doctor means a medical practitioner registered under the law of a State or Territory. It includes an ADF medical officer.
1.3.20 Dual entitlement
See: Part 6 clause 1.6.1.
1.3.21 Effective date of posting
Effective date of posting means whichever is the later of these dates.
a.
The date in the member's posting order.
b.
The date the member starts duty at their new posting location.
See also: Posting period
1.3.22 Employment
Employment includes full-time or part-time work. It does not include voluntary work.
1.3.23 Engine capacity – rotary engine
1.
The capacity of a rotary engine is the displacement of the engine according to the specifications of the engine issued by the manufacturer of the vehicle.
2.
The manufacturer of a rotary engine-driven vehicle may not state the displacement of the engine in the specifications. They may state the displacement of the rotor or rotors comprising the engine instead. In this case, the capacity of the engine is taken to be either of these figures.
a.
The displacement of the rotor that makes up the engine.
b.
The sum of the displacements of the rotors that make up the engine.
1.3.24 Equivalent rank
See: Chapter 1 Part 4.
1.3.25 Fortnightly rate
The fortnightly rate of any annual rate means the calculation set out at subclause 3.2.7.1 as adjusted by subclause 3.2.74.
See: Chapter 3 Division 1 subclause 3.2.7.1, Calculating and pro rating salary and allowances
1.3.26 Gaining location
Gaining location means the posting location to which a member is posted in their posting authority.
1.3.26A Health professional
For the purpose of a medical absence, a health professional means:
a.
A registered medical or dental practitioner who provides services as a Defence member, Australian Public Service employee or otherwise under an agreement in place with Defence.
b.
A registered medical practitioner.
c.
Any of the following persons who are competent, credentialed and authorised by Surgeon General Australian Defence Force to perform an extended role.
i.
A Nursing Officer.
ii.
A Nurse Practitioner.
iii.
An Advanced Medical Assistant (AMA) or Advanced Medical Technician (AMT).
iv.
A Clinical Manager (CM).
1.3.27 Home port – for a member
1.
This table lists the home port for different members.
Item If the member was recruited in... and the member is in the... the member's home port is... 1. South Australia Navy Adelaide. Army, posted to a seagoing ship 2. Queensland Navy Brisbane, Cairns or Townsville. Army, posted to a seagoing ship Brisbane or Townsville. 3. New South Wales Navy Sydney or Nowra. Army, posted to a seagoing ship Sydney. 4. Victoria Navy Melbourne. Army, posted to a seagoing ship 5. Tasmania Navy Hobart. Army, posted to a seagoing ship
Item If the member was recruited in... and the member is in the... the member's home port is... 6. Western Australia Navy Fremantle. Army, posted to a seagoing ship Perth. 7. Northern Territory Navy Darwin. Army, posted to a seagoing ship 8. Australian Capital Territory Navy Canberra. Army, posted to a seagoing ship
2.
Where there is more than one option in column 4 of the table in subclause 1, the CDF may decide which of the options will apply. The CDF must have regard to both these criteria.
a.
Where the member was enlisted or appointed.
b.
The efficient operation of Defence.
3.
A member may apply to have a location listed in this table approved as their home port.
Item If the member is… then the locations that may be selected are… 1. a member of the Navy Adelaide
Brisbane
Cairns
Canberra
Darwin
FremantleHobart
Melbourne
Nowra
Sydney
Townsville2. a member of the Army posted to a seagoing ship Adelaide
Brisbane
Canberra
Darwin
HobartMelbourne
Perth
Sydney
Townsville
4.
The CDF may approve the application. The CDF must consider all of these criteria.
a.
Where the member was enlisted or appointed.
b.
The member's needs.
c.
The efficient operation of Defence.
1.3.28 Home port – for a ship
For a seagoing ship, home port means the port from which the ship regularly operates for a period of more than one year.
1.3.29 Leave year
Leave year means a year beginning on 1 July.
1.3.30 Legal officer
Legal officer means an officer who is, or is eligible to be, admitted as a barrister or solicitor of the High Court or the Supreme Court of a State or Territory. This does not include an officer who is a Judge of the Federal Court or a Judge of a court of a State or Territory.
1.3.31 Living in
Living in means occupying living-in accommodation.
1.3.32 Living-in accommodation
Living-in accommodation means either of these forms of accommodation.
a.
A barracks or similar kind of residential accommodation that meets both these conditions.
i.
It is owned or controlled by the Commonwealth.
ii.
It is provided primarily for the use of members without dependants.
b.
Accommodation like that described in paragraph a. that a foreign government or other organisation provides for members without dependants.
1.3.33 Living out
Living out means not living in.
See: Clause 1.3.32, Living in
1.3.34 Location of residence – within Australia
For service within Australia, location of residence means an area surrounding a member's residence. It is the area defined by the distance the member can travel from their residence and back, door to door. The distance is the greater of these two distances.
a.
How far the member can travel in 150 minutes by the most appropriate and efficient means of public transport.
b.
30 km each way by public road.
See also: Clause 1.3.52 Posting location – within Australia
1.3.35 Long-term posting
1.
Within Australia – long-term posting means a period of duty that the member's Service has directed to be for more than six months.
2.
For duty overseas – see Chapter 12 Part 3 clause 12.3.9 Long-term posting overseas.
1.3.36 Losing location
This table defines losing location for a member granted a removal.
Item If the member is… then their losing location is
the location in Australia…1. a member with dependants on their first removal after joining or rejoining the Permanent Forces of the current or last permanent home of their dependants when they joined or rejoined. 2. any other member with dependants to which they were last granted a removal for their dependants. 3. a member with dependants (unaccompanied) 4. a member without dependants to which they were last granted a removal.
1.3.37 Meal costs
1.
Meal costs include compulsory service charges and taxes, such as goods and services tax (GST).
2.
Meal costs exclude these items.
a.
Voluntary tips.
b.
The cost of alcoholic drinks.
1.3.38 Meal period
Meal period means one hour beginning at these times.
a.
0700 hours for breakfast.
b.
1300 hours for lunch.
c.
1900 hours for dinner.
1.3.38A Medical absence
Medical absence is the term used to describe the period for which a member is granted leave to be absent from duty for health reasons.
Related Information: Chapter 5 Part 1B, Medical absence from duty
1.3.39 Member
Member has the same meaning as in sections 4 and 58A of the Defence Act 1903.
Section 4 of the Act: ' Member includes any officer, sailor, soldier and airman.'
Section 58A of the Act: 'Member includes a person who has ceased to be a member, whether by reason of death or otherwise.'
See also: a.
Part 2 clause 1.2.11. This clause restricts the application of Chapters 1 to 17 to existing ADF members on continuous full-time service. This is unless a provision makes it clear that the provision applies to members on Reserve service, or former members.
b.
The definitions of continuous full-time service and Reserve service in this Part.
1.3.40 Member of a cadet force
Member of a cadet force means any of these persons.
a.
An officer or cadet in a cadet force.
b.
A person who is appointed under regulation 5 of the Cadet Forces Regulations 1977 as an instructor in a cadet force.
See: Cadet Forces Regulations 1977
1.3.41 Member undergoing recategorisation training
Member undergoing recategorisation training means a member who is in the following circumstances.
a.
The member commences training in a capacity listed in Schedule B.13 to DFRT Determination No. 15 of 2008, Salaries.
i.
For Permanent Force members and Reserve Force members on continuous full-time service — Part 1 of Schedule B.13.
ii.
For Reserve Force members — Part 2 of Schedule B.13.
b.
Immediately before the start of the training, salary was payable to the member under a schedule to DFRT Determination No. 15 of 2008, Salaries, other than Schedule B.13.
Note 1: These members are entitled to salary non-reduction under Chapter 3 Part 2 Division 2 clause 3.2.22.
Note 2: This definition does not apply to new entrants to the ADF who have only ever been on a trainee rate of salary under Schedule B.13.
See:
Clause 1.3.70, Trainee
Chapter 3 Part 1 Schedule B.13, Trainee salary rates
Chapter 3 Part 2 Division 2 clause 3.2.22, Salary – member undergoing recategorisation training1.3.42 Month
See: Calendar month
1.3.43 Non-warlike service
Non-warlike service means both these kinds of service for the purposes of the Veterans’ Entitlements Act 1986.
a.
Service with a peacekeeping force for the purposes of Part IV.
b.
Hazardous service for the purposes of section 120.
1.3.44 Normal departmental liability
See: Chapter 9 Part 1 clause 9.1.4.
1.3.45 Normal working hours
1.
There are no minimum prescribed working hours for the ADF. Members on continuous
full-time service are paid on a 24-hour day, seven-day week basis.2.
There is no such thing as payment for overtime. However, commanders set a normal working day taking account of normal community standards, operational requirements and occupational health and safety factors.
1.3.46 Operational area
For a deployment, operational area means the operational area specified for the deployment in Annex 17.9.A.
1.3.47 Own home
Own home is defined in Chapters 6 and 7.
See:
Chapter 6 Part 2 Home sale or purchase
Chapter 7 Part 1 Division 3, Definitions and key concepts.1.3.48 Paid leave
Paid leave means a period of leave when a member is entitled to salary.
1.3.49 Pay Grade
Pay grade means the pay grade for a member under DFRT Determination No. 15 of 2008, Salaries.
1.3.50 Pay to the Commonwealth
Pay to the Commonwealth means a member's obligation to pay (or repay) money to the Commonwealth. This is if the member incurs a debt or liability to the Commonwealth.
Example 1: The member has been overpaid an entitlement.
Example 2: The member is liable to contribute money towards the cost of a particular conditions of service benefit that the Commonwealth provides to them.
1.3.51 Period of prospective service
Period of prospective service has the same meaning as in Part 8 of the Military Superannuation and Benefits Act 1991.
Note: The definition in that Act reads as follows.
"period of prospective service, in relation to a member to whom retention benefit is payable or has been paid, means the period:
(a)
commencing:
(i)
if the member is or was, at the time when the benefit becomes or became payable, subject to a return of service obligation—immediately after the end of the period of service that the member is required to complete because of that obligation; or
(ii)
if subparagraph (i) does not apply—on benefit computation day in relation to the member; and
(b)
ending at the end of:
(i)
the day on which the member will, if he or she does not cease beforehand to serve in the Permanent Forces:
(A)
complete 20 years of continuous eligible service; or
(B)
if, at the time when, or at any time after, the benefit becomes or became payable, the member is, or was, subject to a return of service obligation—complete a period of continuous eligible service that, excluding the period of service that the member is required to serve because of that obligation, is equal to 20 years; or
(ii)
the day on which the member will reach his or her retiring age;
whichever occurs first."
1.3.51A Personal location
1.
A personal location is a location in which the member's dependants choose to live.
Exception: The location where the member lives cannot be a personal location.
2.
Not all situations where dependants live in a personal location attract the same benefits.
a.
A benefit may be made available to a member on compassionate grounds. If the member satisfies any eligibility requirements for that benefit and the member's dependants live in a personal location, that personal location is known as a personal location where benefits are provided.
Example: A member's dependants need to live near a children's hospital while the member's child undergoes chemotherapy. The member meets the compassionate test for every benefit that can apply and lives in a personal location where benefits are provided.
b.
A benefit may be expressed as not applying in relation to a member with dependants in a personal location. The member and dependants are not eligible for that benefit.
3.
A personal location may be inside or outside of Australia. A personal location outside of Australia attracts a more limited level of benefits.
Related Information: Chapter 8 Part 3A, Member with dependants (unaccompanied) summary has more information about removal and housing for members in different situations.
1.3.52 Posting location – within Australia
1.
For service within Australia, posting location means an area surrounding a member's normal place of duty. It must be one of these areas.
a.
An area defined by the distance the member can travel from their usual residence to their normal place of duty and back, door to door. The distance is the greater of these two distances.
i.
How far the member can travel in 150 minutes by the most appropriate and efficient means of public transport available during their normal hours of duty.
ii.
30 km each way on the most direct route by public road.
Notes:
1. This may not necessarily be the quickest route to travel.
2. This subparagraph displaces the general principle in section 35 of the Acts Interpretation Act 1901.b.
An area greater than the area described in paragraph a. that the member proposes and the CDF approves. Approval may only be given if the CDF is satisfied that both these criteria are met.
i.
The member’s daily attendance for duty would not be affected by any additional travelling time.
ii.
The member commutes daily to their normal place of duty.
c.
Any greater area in which a Service residence is located, if the Service residence is made available for members serving at the member's normal place of duty.
2.
This subclause applies to a member with dependants (unaccompanied) or a member who is posted to a seagoing ship. Their posting location includes a location that their dependants live in.
See also: Clause 1.3.34, Location of residence – within Australia.
Related Information:
While this definition sets the posting location for most benefits, some members may get benefits based on other locations.
See: Chapter 7 Part 1 Division 3 clause 7.1.15, Posting location
1.3.53 Posting location – overseas
See: Clause 12.3.15, Posting location.
1.3.54 Posting period – within Australia
1.
For service within Australia, a member's posting period starts on the day they begin duty at a posting location and ends on the day they finish duty there. This is subject to subclauses 2 to 6.
2.
The posting period starts on the day the member arrives at the location if they arrive on any of these days.
a.
A Saturday, Sunday or public holiday immediately before the day they begin duty.
b.
A day during a period of paid leave immediately before the day they begin duty.
c.
The day they are granted a removal to the location, or any later day.
3.
The member’s dependants may be granted a removal to the posting location and arrive there before the member. In this case, the posting period starts on the day the dependants arrive.
4.
The posting period ends on the day the member leaves the location, if they leave on any of these days.
a.
A Saturday, Sunday or public holiday immediately before the day they finish duty.
b.
A day during a period of paid leave immediately before the day they finish duty.
c.
The day they are granted a removal from the location, or any later day.
5.
The member’s dependants may be granted a removal from the posting location and depart after the member. In this case, the posting period ends on the day the dependants depart.
6.
The CDF may decide it is reasonable for a member's posting period to start on an earlier day or end on a later day. The CDF must consider all these criteria.
a.
The circumstances of the member’s removal to or from the location.
b.
The number, age, gender and circumstances of the member’s dependants.
c.
The availability of rental accommodation at the location.
d.
Any other factor relevant to the posting.
Note: Other Chapters have specific provisions about when particular entitlements start and stop. These provisions override this definition for those entitlements.
Examples: Maritime disability allowance, ADF district allowance and housing assistance.
1.3.55 Posting period overseas
See: Clause 12.3.16, Posting period overseas.
1.3.56 Private vehicle
Private vehicle means a motor vehicle that is registered in the name of the member or their dependant.
Examples: Cars, trucks, motor cycles (and sidecar), motor scooters.
Non-examples: Recreational or hobby vehicles that cannot be registered.
1.3.57 Presumed date of death
The CDF may determine that a member died on a particular date. The relevant conditions of service apply as if the member had died on that date.
See also:
Part 6 clause 1.6.4, Payment of amounts on death of a member.
Chapter 3 Part 2 Division 1 clause 9, Death or presumed death of member.1.3.58 Public holiday
Public holiday means a day, or part of a day, that a member is entitled to take as a public holiday under Chapter 5 Part 10, Public holidays – Australia.
1.3.59 Public transport
Public transport means transport available to the public by regular services over fixed routes.
1.3.60 Rank
1.
Rank includes both these meanings.
a.
Equivalent rank under Part 4 clause 1.4.1.
b.
Substantive, acting (paid), temporary, provisional and probationary rank.
2.
Rank does not include either of these meanings.
a.
Unpaid acting rank.
b.
Honorary rank.
1.3.61 Refitting port
Refitting port means the port where a ship refits, if this is different from the ship’s home port, clause 1.3.28.
1.3.62 Remote location
Remote location means a location listed in Annex 4.4.A.
1.3.63 Removal
Removal means a removal by a Commonwealth removalist.
See: Clause 1.3.12, definition of Commonwealth removalist.
1.3.64 Reserve service
1.
Reserve service means part-time service by a member of the Reserves. Members on Reserve service are paid a daily rate of salary under DFRT Determination No. 15 of 2008, Salaries.
See: DFRT Determination 15 of 2008, Salaries
Schedule B.1 – Senior Officer salary rates
Schedule B.3 – Officer salary rates
Schedule B.4 – Other rank member appointed as officer – transitional salary rates
Schedule B.5 – Specialist Officer – Chaplain salary rates
Schedule B.6 – Specialist Officer – Dental Officer salary rates
Schedule B.7 – Specialist Officer – Legal Officer salary rates
Schedule B.8 – Specialist Officer – Medical Officer salary rates
Schedule B.10 – Warrant Officer Class 1 salary rates
Schedule B.12 – Other rank member salary rates
Schedule B.13 – Trainee salary rates
Schedule B.14 – Specialist Officer – Aviation
Schedule B.15 – Senior Officer Specialist – Medical OfficerSchedule B.16 – Senior Officer – Dental Officer
Schedule B.17 – Senior Officer – Legal Officer
Schedule B.18 – Senior Officer – ChaplainSee also: Chapter 3 Part 2 Division 1, About salaries
2.
Members on Reserve service are not on continuous full-time service. This is so even if they serve for a continuous number of days of Reserve service. To be on continuous full-time service as defined in clause 1.3.15, the ADF must specifically require them to perform duty for a period of continuous full-time service.
See: Clause 1.3.15, Continuous full-time service.
Example: A member joined the Navy in 1990 and served 10 years in the Permanent Forces. The member then joined the Reserves and performed intermittent Navy reserve days during 2000 to 2004. The member is then called out for continuous full-time service for all of 2005.
Item During the period... the member was on... 1. 1990 to 1999 continuous full-time service. 2. 2000 to 2004 Reserve service. 3. 2005 continuous full-time service.
3.
Members on Reserve service are not entitled to many of the conditions of service under Chapters 2 to 17. They are entitled to other conditions of service only under limited conditions. Some conditions of service are provided only for members on Reserve service.
Example 1: Members on Reserve service are not entitled to leave under Chapter 5.
Example 2: Members on Reserve service are entitled to payment of costs for travel on Defence business. Chapter 9 Part 5 Division 2 clause 9.5.14 states that this entitlement applies to these members.
1.3.64A Restricted destination
For the purpose of leave and travel, a restricted destination is a location that the CDF has directed is a restricted destination.
See: Chapter 5 Part 1A Division 1, Leave to travel to a restricted destination
1.3.65 Return of service obligation
Return of service obligation means a period of service determined by the relevant Service Chief under the Defence (Personnel) Regulations 2002. It is period of service a member must complete in return for some kinds of service opportunities.
Examples:
a.
Undergoing expensive training.
b.
Getting marketable skills through Service training.
c.
Being employed on special duties.
d.
Serving outside Australia.
e.
Travelling to Australia with any dependants at Commonwealth expense if the member has joined the ADF from outside Australia.
1.3.66 Seagoing ship
Seagoing ship has the same meaning as in DFRT Determination No. 11 of 2013, ADF allowances, as amended.
See: DFRT Determination No. 11 of 2013, ADF allowances, Division B.9, published at Chapter 4 Part 2 Part B Division B.9 clause B.9.2, Definitions.
1.3.67 Seagoing submarine
Seagoing submarine has the same meaning as in DFRT Determination No. 11 of 2013, ADF allowances, as amended.
See: DFRT Determination No. 11 of 2013, ADF allowances, Division B.9, published at Chapter 4 Part 2 Part B Division B.9 clause B.9.2, Definitions.
1.3.67A Serious illness
Serious illness has the following meanings.
Item For... serious illness means an illness or injury that could... 1. compassionate leave
See: Chapter 5 Part 7 Division 2endanger the member's life. 2. Australians dangerously ill scheme
See:
Chapter 9 Part 3 Division 7A
Chapter 17 Part 3Ado any or all of the following.
a. Endanger the person's life.
b. Significantly disable the person.
c. Materially affect the person' future life.
Note: A serious illness can include a mental health condition.
1.3.68 Service residence
Service residence means residential accommodation provided by the Commonwealth. It does not include living-in accommodation.
See: Chapter 7 Part 3
1.3.69 Short-term duty
1.
Within Australia - short-term duty means a period of duty that the member's Service has directed to be for six months or less.
2.
For duty overseas – see Chapter 12 Part 3 clause 12.3.18, Short-term duty overseas.
1.3.70 Trainee
Trainee means a new entrant to the ADF who is on a trainee salary. This means a rate of salary under Schedule B.13 to DFRT Determination No. 15 of 2008, Salaries.
Note: This definition does not apply to existing members of the Permanent Forces who are undergoing a form of in-service training mentioned in Schedule B.13. These members are entitled to salary non-reduction under Chapter 3 Part 2 Division 2 clause 3.2.22. They are defined as members undergoing recategorisation training.
See: Clause 1.3.41, Member undergoing recategorisation training
1.3.71 Training commitment
Training commitment means an obligation for a member to do specified reserve service for a specified period. The obligation is created under regulation 100 of the Defence (Personnel) Regulations 2002.
Note: That regulation reads as follows.
"(1)
A Chief may determine a training period for each category of the Reserves in the Chief's Service.
(2)
A Chief may determine requirements for the training that is to be carried out during a training period.
(3)
A Chief may determine that a member is not required to comply with a requirement determined under subregulation (2).
(4)
A member is bound to render, in each training period, service for the required period.
Note 1 See regulation 69.
Note 2 Different training periods, or training requirements, may be determined for:
(a)
different parts of the categories of the Reserves; or
(b)
different classes of members of the Reserves; or
(c)
different periods.
See: Acts Interpretation Act 1901, subsection 33 (3A)."
1.3.72 Travel card
Travel card means a charge card that the Department of Defence provides to a member. The member can use the card for any of these purposes, up to the specified monetary limits.
a.
To pay accommodation, meals and incidental costs directly on behalf of the Commonwealth.
b.
To get a cash advance to pay for accommodation if the travel card cannot be used to pay for the accommodation.
c.
To get a cash advance to pay for meals and incidentals.
Note: The travel card is a Diner’s Club card. When the member pays for their Defence travel with the card, the cost is charged direct to the Commonwealth.
Example: A hotel does not accept the travel card as the method of payment for a member's accommodation. The member could use the card to withdraw cash at an ATM, pay for the accommodation and get a receipt for their stay.
See: Defence Travel Management site.
1.3.72A Very serious illness
Very serious illness means an illness or injury of such severity that life is imminently endangered.
1.3.73 Warlike service
Warlike service means service in the Defence Force of a kind determined as warlike service for the purposes of the Veterans’ Entitlements Act 1986.
See: Section 5C of the Veterans' Entitlements Act 1986
Division 2: Definitions – dependants
FOR OTHER DEFINITIONS, SEE CHAPTER 1 PART 3 DIVISION 1
WARNING – DIFFERENT DEFINITION FOR OVERSEAS CONDITIONS OF SERVICE
The following term is defined differently for overseas conditions of service:
dependant
That definition is in Chapter 12.
See: Chapter 12 Part 3, Definitions for Chapters 12 to 17.
1.3.74 Marriage
Marriage includes a recognised de facto marriage. Date of marriage includes the date on which the ADF recognises a de facto marriage.
1.3.75 Child
Child includes all these children.
a.
Children of the member.
b.
Children of the member's spouse or interdependent partner.
c.
Adopted children.
d.
Stepchildren.
e.
Wards.
Note: To be considered a dependant of the member, a child must meet the tests in clause 1.3.78 or 1.3.79
1.3.76 Dependants
1.
Any of these persons who normally lives with a member is the member's dependant.
a.
The member's spouse.
b.
The member's interdependent partner, if that relationship is recognised under Defence Instruction (General) Personnel 53-1, Recognition of Interdependent Partnerships.
c.
The member's dependant child.
Note: This includes dependent children of the member's spouse or interdependent partner – see the definition of dependent children in clause 1.3.78.
See: subclause 1.3.78.2 for the meaning of 'normally live with the member' in the case of a dependent child.
d.
A person acting as a guardian or housekeeper, if the member has a dependent child and any of these other conditions is met.
i.
The member has no spouse or interdependent partner.
ii.
The member's spouse or interdependent partner is an invalid or has a disability.
iii.
The member's spouse or interdependent partner is a member serving at another posting location.
e.
A person who has an interdependency relationship with the member that is recognised by the CDF under clause 1.3.79.
See: Clause 1.3.79, CDF-recognised dependants.
2.
For duty overseas – see Chapter 12 Part 3 clause 12.3.5, Dependant.
3.
A person who applies to be recognised as an interdependent partner of a member between 1 December 2005 and 1 February 2006 is to be taken to have been a dependant for the purposes of paragraph 1.b. from 1 December 2005, if the CDF determines that the person would have met the interdependency and residency related conditions for recognition, had they been able to be assessed on that date.
1.3.77 Spouse
Spouse, for a member, means a person who is married to the member in accordance with the Marriage Act 1961.
1.3.77A Interdependent partner
1.
A member's interdependent partner, if the member's relationship is recognised under Defence Instruction (General) Personnel 53-1, Recognition of Interdependent Partnerships or under subclause 1.3.76.3. This may also be known as partner.
2.
The following positions may approve an interdependent partnership in exceptional circumstances, in accordance with Defence Instruction (General) Personnel 53-1, Recognition of Interdependent Partnerships.
a.
Director General Navy People.
b.
Director Navy Personnel Policy.
c.
Director Navy Employment Conditions.
d.
Director General Personnel – Army.
e.
Director Personnel Policy – Air Force.
f.
Deputy Director Personnel Policy – Air Force.
g.
Deputy Director Service Conditions – Air Force.
h.
...
1.3.77B Partner
This term may be used interchangeably with the term 'interdependent partner'. It has the same meaning as that term in clause 1.3.77A.
See: Clause 1.3.77A, Interdependent partner
1.3.78 Dependent children
1.
A child is a dependent child if they meet all these conditions.
a.
They are a child of the member or the member's spouse or the member's interdependent partner.
b.
They normally live with the member.
See: Subclause 2 for the meaning of 'normally live'.
c.
They are under 21 years old.
Exception: This age limit does not apply if the child is an invalid or infirm.
Note: No means test is applied in assessing whether a child is a dependant.
2.
A child normally lives with a member if one of these conditions is met.
a.
The child is provided with overnight care in the member's home at their posting location for at least 90 nights a year.
b.
The child is only absent from the member's home because the child is in full-time education. This can be primary, secondary or undergraduate tertiary education.
Example: A degree or TAFE course.
c.
The CDF recognises that the child is expected to live with the member at their posting location on a frequent and regular basis. The CDF must consider all these criteria.
i.
The arrangements for the child's contact or residence with the member.
ii.
The member's access to the child.
iii.
The distance and transport between the child's location and the member's location.
iv.
The nature and extent of the member's duty commitments.
v.
Other factors that may be relevant to the relationship of the child and the member.
1.3.79 CDF-recognised dependants
1.
...
2.
The CDF can recognise a person as a dependant on the basis that the person has an interdependency relationship with a member. The CDF must have regard to these factors.
a.
The person has a close personal relationship to the member. The CDF may consider circumstances, including but not limited to, any of the following.
i.
Whether the dependency relationship is permanent, including evidence that the parties intend the relationship to be permanent.
Example: A non-dependent child who is orphaned may be recognised as a dependant when the member applies to adopt the child.
ii.
Ownership, acquisition and use of property.
iii.
The degree of mutual commitment to a shared life.
iv.
The care and support of children.
v.
The reputation and public aspects of the relationship.
Example 1: A statutory declaration that the relationship is one of interdependency.
vi.
The degree of emotional support.
b.
The person lives with the member.
Exception: The person is unable to live with the member because of an intellectual, physical or psychiatric disability.
c.
The member provides the person with substantial financial support.
Non-example: A self-funded retiree in good health with their own home is not a dependant.
d.
One or each of them provides the other with interdependent support and personal care.
Example 1: A parent of the member or spouse. The parent is of pensionable age and suffering from a disabling illness. They are dependant on the member to provide a home and aged care.
Example 2: Evidence from doctors or specialists may show the person has medical conditions or disabilities for which the member provides care.
2A.
If it is reasonable having regard to any Service requirements, the CDF may recognise a person who does not normally live with the member as a dependant for conditions of service purposes, if the person could be recognised as a dependant under paragraph 1.3.76.1.a or 1.3.76.1.b had they normally lived with the member.
See: Subclause 1.3.76.1, Dependants
2B.
The CDF may recognise a member's live-in carer as a dependant for one or more of the benefits listed in the following table if satisfied that both the following circumstances apply.
a.
The live-in carer is for the member.
b.
The live-in carer is included on the member's rehabilitation plan.
Item Benefit Reference 1. Removal Chapter 6 Part 6 2. Service residence Chapter 7 Part 5 3. Rent allowance Chapter 7 Part 6
Note: The recognition of a live-in carer as a dependant ceases when the member no longer needs the carer.
3.
The CDF must not recognise a person as a dependant under this clause if they are satisfied that any of these circumstances apply.
a.
The person's relationship with the member is one of mere convenience.
Example 1: A member's 25-year-old child who is unemployed lives with the member for reasons of convenience, not interdependency.
Example 2: A person who acts as a housekeeper or guardian to a dependent child, when the member and spouse live together and are both working.
Example 3: A parent of the member or spouse. The parent is of pensionable age and looks after the member's children at the member's home but is otherwise able to live independently.
b.
There is alternative support, care or accommodation available to the person.
Example: A member looks after their grandchild while the child's mother is on holiday overseas. The child's father is working but does not want to pay for child care. The CDF determines that the child is not a dependant of the member since the child's parents remain responsible for the child's care and support.
Non-example 1: A member's grandchild has been orphaned. The member has assumed primary care of the child and has legal guardianship. The child has no other source of care or support. The CDF determines that the grandchild is a dependant of the member.
Non-example 2: A member's son has become permanently incapacitated after a car accident. The member's son was the primary carer of his child. The member has assumed care of their grandchild because they are the child's closest relative and have applied for legal guardianship. The CDF determines that the child has no other source of care or support, and is a dependant of the member.
c.
The person is a resident child carer to the member's family but is not otherwise a dependant of the member.
See: Chapter 7 Part 1 Division 3 clause 7.1.14, for the definition of resident child carer.
4.
The member may make their own arrangements for a person who is not recognised as a dependant under this Division but the Commonwealth may not provide dependant benefits under this Determination in relation to that person.
1.3.80 Member with dependants
1.
A member with dependants means a member who provides and lives in a home at their posting location with at least one dependant.
1A.
A member with a dependant recognised under subclause 1.3.79.2A is recognised as a member with dependants even if the dependant does not normally live with the member.
Exception: If the circumstances on which the dependant was recognised change, this subclause ceases to apply.
Example: A member couple are unable to form a common household as a de facto couple because they have not been granted the posting to adjacent locations that they requested. They are recognised as dependants for the period of the posting. However, the couple separate after eight months. From that point on, the interdependency relationship ceases and the two members are no longer recognised as member with dependants.
See: Subclause 1.3.79.2A, CDF recognised dependants
2.
A member with dependants (unaccompanied) is a subset of the category defined as a member with dependants.
1.3.81 Member with dependants (unaccompanied)
1.
A member with dependants (unaccompanied) is a member who meets the conditions set out for that category in Chapter 8 Part 3A Division 1, Becoming a member with dependants (unaccompanied).
See: Chapter 8 Part 3A Division 1, Becoming a member with dependants (unaccompanied)
2.
The purpose of the member with dependants (unaccompanied) category is described in clause 8.3A.3.
See: Chapter 8 Part 3A Division 1 clause 8.3A.3, Purpose
3.
The package provided to a member with dependants (unaccompanied) and their dependants may recognise the additional costs of maintaining dependants in two locations. It may include benefits such as the following.
a.
Fully-subsidised accommodation for the member at the member's duty location.
b.
Reunion travel, food and utilities, and separation allowances.
c.
Partly-subsidised accommodation for the dependants.
d.
Removal at Commonwealth expense.
See: Chapter 8 Part 3A Division 1 clause 8.3A.6, Member who may be classified as a member with dependants (unaccompanied)
1.3.81A ...
1.3.82 Dependant with special needs
1.
In this clause a decision maker means one of the following.
a.
Director General Defence Community Organisation.
b.
Director National Operations Defence Community Organisation.
2.
A dependant with special needs is a person who meets both of the following conditions.
a.
The decision maker has recognised the person for conditions of service purposes under subclause 4.
b.
The dependant has been assessed or recognised for the purpose of a condition, in accordance with the following table.
Item
Special needs condition Person who must assess or recognise the condition The dependant must meet these qualifying criteria 1. Physical. A specialist medical practitioner. Not applicable.
2. Intellectual. 3. Sensory. 4. Multiple impairments. 5. Medical condition, illness or disability. 6. Speech or language disorders. Either of the following. a. A specialist medical practitioner. b. A paramedical practitioner.
Example: A speech therapist.7. Social, emotional or behavioural. Either of the following. 8. Specific learning difficulties. a. A specialist medical practitioner. b. A psychologist. 9. Academically gifted or talented. A psychologist with qualifications and experience in assessing children. The child must achieve a score at or above the 95th percentile on either of the following. a. Any individual or group IQ test. b. A subscale of an individual IQ test.
3.
A member must do all of the following to have a dependant recognised as a dependant with special needs.
a.
Apply using Form AC 832.
See: Annex 1.3.A, Application for recognition of member with dependant with special needs (AC 832)
b.
Include copies of relevant supporting documents with the application.
c.
Send the completed application to the Defence Community Organisation.
4.
The decision maker will decide if the member's application for the recognition of a dependant with special needs is approved or not approved. A letter stating the decision will be forwarded to the following people.
a.
The member.
b.
The member's unit.
Defence Housing Australia.
d.
The career managers of the member's Service.
5.
Recognition under this clause is valid until the circumstances on which the application was granted change. The member must advise the Defence Community Organisation in writing of any change that may affect eligibility.
1.3.83 Member without dependants
A member without dependants is a member who does not meet either of these definitions.
a.
The definition of a member with dependants under clause 1.3.80.
b.
The definition of a member with dependants (separated) under clause 1.3.81.
Example 1: The member has no recognised dependants.
Example 2: The member lives in an interdependent relationship not recognised by the ADF.
See:
Clause 1.3.81, Member with dependants (unaccompanied)Chapter 8 Part 3A Division 1, Becoming a member with dependants (unaccompanied)
Example 3: The member does not provide a home for recognised dependants.
Example 4: The member provides a home for dependants, but chooses not to live with them for personal reasons.
Example 5: Two members marry or have an interdependent partnership recognised under Defence Instruction (General) Personnel 53-1, Recognition of Interdependent Partnerships, and both of these conditions are met.
a. Each member in the couple is posted to a different location.
b. They have not established a home together in one of the posting locations.
1.3.84 Non-Service spouse and non-Service interdependent partner
A member's spouse or interdependent partner who is not a member.
Annex 1.3.A: Application for recognition of member with dependant with special needs
See: Chapter 1 Part 3 Division 2 Clause 1.3.82
Copy of:
Application for recognition of member with dependant with special needs (AC 832)Part 4: Equivalent rank and classifications
1.4.1 Overview
1.
In Chapters 1 to 17, a reference to a rank is a reference to an Army rank. It includes a reference to the equivalent rank in the Navy and Air Force. This is unless it is made clear otherwise.
Note: This is consistent with long-standing Defence practice whereby Army ranks are used, often followed by the letter (E) for Equivalent rank. To simplify and save space, the text does not include the (E) symbol. Where there is a reference to the three Services, the normal order is followed – Navy, Army, Air Force.
2.
Equivalent rank means the corresponding rank set out under Regulation 8 of the Defence Force Regulations 1952.
1.4.2 Chaplain taken to hold rank
1. A Chaplain who holds a fixed tenure appointment is taken to hold the rank set out in this table.
Item If a Chaplain's classification is… then they are taken to have the rank of… 1. Division 1 Captain 2. Division 2 Major 3. Division 3 Lieutenant Colonel 4. Division 4 Colonel 5. Division 4 – Head of Denomination Colonel 6. Division 5 Brigadier
2.
A Chaplain who holds an indefinite appointment is taken to hold the same rank as an officer on the same rate of salary as the Chaplain.
Note: This clause is a deeming provision that allows Chaplains to get pay and conditions, as they hold honorary rank only.
Part 5: Member's rights and obligations
1.5.1 Purpose
A member must meet certain obligations when they have an entitlement. This Part sets out those obligations.
1.5.2 Change in member's circumstances
1.
Members are responsible for keeping themselves informed about their entitlements.
2.
This clause applies if a member or their dependants meet both these conditions.
a.
They have qualified for an entitlement.
b.
There is a change in the circumstances by which they qualified.
3.
The member must tell their Commanding Officer about the change as soon as practicable.
Note: This requirement helps the Commonwealth prevent overpayments being made.
4.
The member must also inform the approving authority for any housing assistance that the member is in receipt of about the change as soon as practicable.
5.
A member must fill in and provide the relevant form at Annex 1.5.A to their Commanding Officer as soon as practicable after any of these events.
See: Annex 1.5.A, Categorisation forms
a.
If the number of dependants a member has changes.
Example: The member's relationship is recognised as an interdependent partnership under Defence Instruction (General) Personnel 53-1, Recognition of Interdependent Partnerships.
b.
The member is notified of a change of posting location which will result in a change from one of these categories to another.
i.
Member with dependants.
See: Clause 1.3.80, Member with dependants
ii.
Member with dependants (unaccompanied).
See:
Clause 1.3.81, Member with dependants (unaccompanied)Chapter 8 Part 3A Division 1, Becoming a member with dependants (unaccompanied)
iii.
Member without dependants.
See: Clause 1.3.83, Member without dependants
c.
If there is any other change in the facts set out in the member's application.
1.5.3 Overpayment
1.
This clause applies if a person has been paid more than the amount they are entitled to.
2.
The person must repay to the Commonwealth the difference between their entitlement and the amount they were paid.
Example: A member is paid vehicle allowance in advance of travel. They do not travel, or they travel less than they expected to. They must repay all or part of the allowance, whichever applies.
Exception: Where tax has been deducted from an amount overpaid and the amount was paid in a previous financial year.
1.5.4 Recovery by the Commonwealth
1.
This clause applies if a member must repay an overpayment of salary or allowances to the Commonwealth.
2.
The Commonwealth may recover the overpaid amount from the salary and allowances that the member has been – or may be – paid. The Commonwealth still has the right to recover the overpaid amount by other means.
1.5.5 Decision-makers to avoid conflict of interest
1.
This clause applies if a member would get a personal benefit from a decision they are authorised to make.
2.
The member must refer the decision to another decision-maker at or above their rank or classification.
1.5.6 Member to provide evidence of payment
1.
This clause applies to a member who is entitled to be reimbursed a payment they made.
2.
The member must provide either of the following as evidence that they made the payment.
a.
Written evidence, including any original receipts.
b.
A statutory declaration if written evidence is not available.
3.
The member must provide the items when they lodge their claim for reimbursement or as soon as practical after that time.
Note: A person who knowingly makes a false statement in a statutory declaration under the Statutory Declarations Act 1959, as amended, is guilty of an offence under section 11 of that Act. They could go to prison for four years.
Part 6: Payment of entitlements in special circumstances
1.6.1 Dual entitlement – member's adult dependant is also a member
1.
This clause applies if both these conditions are met.
a.
A member's adult dependant is also a member.
b.
Both members have any of the entitlements in this table for the same period.
Item Entitlement Reference 1. Disturbance allowance Chapter 6 Part 1 Division 2 2. Reimbursement for childcare on removal Chapter 6 Part 1 Division 3 3. Assistance or reimbursement for home purchase or sale Chapter 6 Part 2 4. Reimbursement for loss on sale of furniture and effects Chapter 6 Part 3 clause 6.3.2 5. Reimbursement for loss on sale of a vehicle Chapter 6 Part 3 clause 6.3.4 6. Reimbursement for cost of insurance on removal of urgently needed household items Chapter 6 Part 5 clause 6.5.8 7. Reimbursement for education costs for a child Chapter 8 Part 4 8. Reimbursement in place of a child’s scholarship Chapter 8 Part 4 Division 3
2.
This table sets out how the entitlement is provided.
Item If the members… then the entitlement is provided to
the member who…1. jointly nominate one of them to receive the entitlement is nominated. 2. do not jointly nominate one of them to receive the entitlement, and they: _ a. hold different ranks has the higher rank b. hold the same rank has the greater seniority in the rank.
3.
A member may have an entitlement listed in subclause 1 while their adult dependant has a similar entitlement that is not under Chapters 1 to 11. In this case, the listed entitlement is reduced by the amount of the similar entitlement.
Example: A member is entitled to disturbance allowance under Chapter 6 Part 1 Division 2. Their spouse is an APS employee in Defence. The member's entitlement to the allowance is reduced by any amount the adult dependant gets for similar purposes under DECA clause H2, Relocation assistance.
Note: The following provisions in other Chapters provide special rules about situations where a member and their adult dependant both have the same entitlement. Those special rules may override this clause.
a.
Indemnity for loss or damage arising from removal within Australia.
See: Chapter 6 Part 5, Compensation for loss or damage to items stored or removed
b.
Trainees' dependant allowance.
See: Chapter 4 Part 7 Division 1
4.
WARNING: This clause does not apply in relation to housing assistance. Special rules apply to dual entitlement for the following housing entitlements – see Chapter 7.
Item Entitlement Reference 1. Temporary accommodation allowance Chapter 7 Part 4 Division 5 clause 7.4.27 2. Contribution for Service residence Chapter 7 Part 5 Division 9 clause 7.5.55 3. Rent allowance Chapter 7 Part 6 Division 4 clause 7.6.22
5.
WARNING: This clause does not apply in relation to overseas conditions of service. Special rules apply to dual entitlement for the following overseas allowances and other conditions – see Chapters 14 to 16.
Item Entitlement Reference 1. Overseas removals and related entitlements Chapter 14 Part 3 2. Settling in and settling out overseas – meal costs Chapter 14 Part 5 3. Overseas living allowance Chapter 15 Part 2 4. Hardship allowance Chapter 16 Part 2 5. Assisted leave travel Chapter 16 Part 4
1.6.2 Payment of entitlement to another person
1.
A member may seek to have their entitlement paid to their adult dependant or another person. These conditions apply.
a.
The member must nominate in writing the person to receive the payment on their behalf.
b.
The other person must consent to the disclosure of their personal or financial information, and to receiving the payment.
c.
The member must provide the alternative payment details.
Example: A member who is deployed has to pay rent at home. They may choose to have their rent allowance paid to their adult dependant, who will arrange the rent payments on their behalf.
2.
Alternatively, the entitlement will be paid as specifically provided for under another Chapter.
1.6.3 Payment of amount to a person under legal disability
1.
This clause applies if an amount is payable to a person who has a legal disability.
Examples: A child under 18 years old. A member who is seriously injured and unable to act on their own behalf.
2.
The amount may be paid to a trustee appointed by the CDF to act on behalf of the person. The CDF must consider any instructions the member gave before the legal disability began.
3.
Both these conditions apply to an amount paid to a trustee under subclause 2.
a.
The trustee will hold it on trust for the benefit of the person in accordance with any directions of the CDF.
b.
It is taken to have been paid to the person.
1.6.4 Payment of amounts on death of a member
1.
An amount payable to a member on their death may be paid to either of these parties.
a.
The member’s dependants.
b.
The member’s legal personal representative, if both these conditions are met.
i.
The member has no dependant.
ii.
The CDF considers it appropriate.
2.
The amount may be payable to more than one dependant. In this case, the CDF must consider the losses each dependant suffers through the loss of the member's earnings.
3.
A payment should be made under subclause 1 within 12 months after the member’s death. If it is not, the amount must be paid to the member’s legal personal representative.
4.
If no-one is entitled to a payable amount, no payment will be authorised.
1.6.5 Effect of death on eligibility for salary and allowances
1.
For the purpose of payment of salary or allowances, a member is taken to have ceased continuous full-time service when the member is in either of the following situations.
a.
The member has died.
b.
The member is missing and presumed dead.
Exception: If the member is later found alive, the period for which the member was missing is taken not to break their service.
Example: A member was deployed on overseas service on 31 August 2010.
The member was reported missing, presumed dead, on 30 June 2011 but was later found alive on 30 April 2012.
For the 10 months when the member was missing, presumed dead (30 June 2011 – 30 April 2012), they would not normally be entitled to payment of salary as their continuous full-time service was taken to have ceased. But because the member was later found, they were considered to be on continuous full-time service for that period and therefore entitled to salary.
2.
If a certificate of death has not been provided to state a date of death or presumed death for a member under a relevant Commonwealth, State or Territory law, then for the purpose of the benefits provided under this Determination, the CDF, a Service Chief or the Director-General Defence Community Organisation may determine that a member died on a particular date.
See: Chapter 11 Part 3, Payment of financial entitlements on death
Chapter 2: Joining and leaving the ADF
2.0.1 Overview
This Chapter contains legislation and guidelines for members who join or leave the ADF.
2.0.2 Contents
This Chapter includes the following Parts: Part 1 Joining the ADF Part 2 Leaving the ADF: Career Transition Assistance Scheme Part 3 Leaving the ADF: Redundancy, gratuities and leave credits Part 1: Joining the ADF
2.1.1 Overview
This Part contains entitlements and guidelines for members joining the ADF.
2.1.2 Contents
This Part includes the following Divisions: Division 1 Entitlements for applicants Division 2 Information for new recruits Division 3 Superannuation Division 1: Entitlements for applicants
2.1.3 Purpose
A person who has applied to join the ADF may be entitled to assistance with travel costs, allowances and accommodation costs.
2.1.4 Travel, accommodation and meal entitlements – certain country applicants
1.
This clause applies to a person who is not a member of the ADF and who has applied to join the ADF. They may have travel, accommodation and meal entitlements, if they meet all these conditions.
a.
They are required to have an examination or interview to see if they are suitable to join the ADF.
b.
They go to a recruiting centre to be examined or interviewed.
c.
They live at a location not served by the transport system of the city or town where the recruiting centre is located.
2.
The applicant is entitled to an allowance if they pay for their travel between their normal place of residence and the recruiting centre. The amount of the allowance depends on their means of travel, as set out in this table.
Item If the applicant travels by… then they are entitled to… 1. private vehicle the amount they would be entitled to if:
a. they were a member at the rank for which they are applying for appointment or enlistment, and
b. their travel was authorised travel on duty.
See: Chapter 9 Part 6 Division 2 for the relevant entitlements.2. public transport the lesser of these two amounts:
a. What the Commonwealth would pay for fares if they were a member at the rank for which they are applying for appointment or enlistment.
b. What they actually pay for fares.
3.
The applicant is entitled to an allowance for accommodation and meals if they meet both these conditions.
a.
They travel between their normal place of residence and the recruiting centre for a period that extends overnight.
b.
Their meals and accommodation are not provided at Commonwealth expense.
4.
The allowance is the lowest of these amounts.
a.
What the Commonwealth would have paid if it provided accommodation and meals.
b.
What the applicant paid for accommodation and meals.
c.
What the applicant would be entitled to if they were a member at the rank for which they are applying for appointment or enlistment.
See: Chapter 9 Part 5, Payment of travel costs for the relevant entitlements.
Note: If the applicant's travel period does not extend overnight, the meal allowance rates under clause 4.5.8 apply.
See: Chapter 4 Part 5, Meal allowances.
2.1.5 Prepaid fares
1.
A country applicant who travels to or from a recruiting centre is entitled to either a prepaid fare or an allowance under clause 2.1.4.
2.
The applicant must repay to the Commonwealth any prepaid amount they do not spend. This includes if the journey is cancelled.
2.1.6 Baggage
Persons entitled to travel under this Division are not entitled to any Commonwealth assistance for excess baggage.
2.1.7 Loss of wages or salary
1.
This clause applies to a person who is not a member of the ADF and who has applied to join the ADF. They may be compensated for loss of wages or salary if they meet all these conditions.
a.
They are employed.
b.
They are required to have an examination or interview to see if they are suitable to join the ADF.
c.
They attend a recruiting centre to be examined or interviewed.
d.
They lose salary or wages because of that attendance.
2.
The applicant is entitled to the lesser of these two amounts.
a.
The wages or salary they would have earned during the period they are reasonably required to be absent from the employment because of the attendance. This does not include any payment for overtime.
b.
The salary that would be payable for that period to a normal entry recruit during basic training.
3.
The applicant is not entitled if they have not disclosed in their application a significant fact that makes them ineligible to join the ADF.
Division 2: Information for new recruits
This Division is reserved for publication in the ADF Pay and Conditions Manual of an administrative summary of conditions of service arrangements for new recruits to the ADF.
Division 3: Superannuation
This Division is reserved for publication in the ADF Pay and Conditions Manual of an administrative summary of ADF superannuation.
Part 2: Leaving the ADF: Career Transition Assistance Scheme
2.2.1 Overview
1.
This Part contains information on the Career Transition Assistance Scheme. The Scheme assists members with career transition when they separate from the ADF after continuous full-time service.
2.
Effective career transition is a shared responsibility. It is mainly up to the member to start preparing well before their intended date of separation.
2.2.2 Member this Part applies to
The Career Transition Assistance Scheme is available to all Permanent and Reserve Force members who have been on continuous full-time service.
See: Division 2 Eligibility and levels of assistance
2.2.3 Definitions
This table outlines the definition used in this Part.
Term Special meaning in this Part Qualifying service Service in Australia, overseas or on attachment or exchange with the armed forces of another country, by a member of the Permanent Forces or by a Reserve Force member on continuous full-time service. Periods of qualifying service can include any of the following.
a. Permanent Force service
b. continuous full-time service
c. a cumulative total of Permanent Force service and continuous full-time service.
2.2.4 Contents
This Part includes the following Divisions: Division 1 About the Career Transition Assistance Scheme Division 2 Eligibility and levels of assistance Division 3 On-line information Division 4 ADF transition seminars Division 5 Approved absence for career transition activities Division 6 Career transition training Division 7 Career transition management coaching Division 8 Curriculum vitae coaching Division 9 Financial counseling Division 1: About the Career Transition Assistance Scheme
2.2.5 Introduction
1.
The ADF has an obligation to assist members with career transition when they leave the ADF after qualifying service, whether voluntarily or involuntarily. The Career Transition Assistance Scheme provides phased benefits, tools and services in support of this obligation.
2.
These are the objectives of the Career Transition Assistance Scheme.
a.
To support the career transition of members from Service to suitable civilian employment, with the minimum involuntary break in continuity of employment.
b.
To enhance the ability of members to competitively market themselves for suitable civilian employment.
c.
To enhance and make the best use of members’ existing skills gained from ADF service.
3.
The Career Transition Assistance Scheme should be accessed during the last 12 months of service, or up to 12 months after termination. This aims to ensure knowledge and skills acquired through the scheme are current at the time of career transition.
2.2.6 Assistance components
Assistance is divided into seven components. These are described in the Divisions listed in this table.
Item Assistance type For details, see... 1. Online information Division 3 2. ADF transition seminars Division 4 3. Approved absence for career transition activities Division 5 4. Career transition training Division 6 5. Career transition management coaching Division 7 6. Curriculum vitae coaching Division 8 7. Financial counselling Division 9
Clause
Amendments
7.6.10
Amended by: 2006/62; 2007/33; 2010/26; 2012/9; 2013/24; 2014/39.
7.6.10A
Inserted by: 2007/33. Amended by: 2010/26. Omitted by: 2012/9.
7.6.12
Amended by: 2005/56; 2006/62; 2011/2.
7.6.14
Amended by: 2005/30; 2006/17, 27 and 62; 2007/65; 2012/35; 2013/24 and 34.
7.6.15
Amended by: 2007/33; 2012/9.
7.6.16
Substituted by: 2005/56.
7.6.17
Amended by: 2006/62; 2007/25 and 33; 2010/26; 2011/2 and 28; 2012/9 and 4; 2013/24; 2014/4.
7.6.18
Amended by: 2008/52; 2009/55. Substituted by: 2015/3.
7.6.19
Amended by: 2006/62; 2007/25 and 33; 2010/26; 2011/28; 2012/9; 2013/24.
7.6.20
Amended by: 2006/62; 2008/52; 2010/26.
7.6.20A
Inserted by: 2008/52.
7.6.20B
Inserted by: 2013/34.
7.6.21
Amended by: 2008/52; 2010/26.
7.6.22
Amended by: 2005/52; 2006/62; 2010/64.
7.6.23
Amended by: 2005/56; 2006/17 and 62.
7.6.25
Amended by: 2006/71.
7.6.26
Amended by: 2005/27; 2006/71; 2007/25.
7.6.28
Amended by: 2005/56; 2006/62.
7.6.28A
Inserted by: 2008/52. Amended by: 2010/64; 2011/10 (through 2010/64).
7.6.28B
Inserted by: 2008/52. Omitted by: 2009/55.
7.6.32
Amended by: 2007/25.
7.6.34
Amended by: 2009/45.
7.6.38
Amended by: 2009/36.
7.6.39
Amended by: 2009/36.
7.6.40
Amended by: 2009/36.
7.6.43
Substituted by: 2009/36. Amended by: 2014/38.
7.6.44
Amended by: 2005/56.
7.6.45
Amended by: 2005/27.
7.7.3A
Inserted by: 2006/41. Amended by: 2006/62.
Clause
Amendments
7.7.5
Amended by: 2005/36; 2006/52; 2007/65; 2008/46; 2009/35; 2010/26; 2011/16; 2012/9; 2013/3; 2014/5 and 69; 2015/47.
7.7.7
Amended by: 2005/36; 2006/52; 2007/65; 2008/46; 2009/35; 2010/14; 2011/16; 2012/9 and 33. Substituted by: 2014/69. Amended by: 2015/47.
7.7.8
Amended by: 2006/41. Substituted by: 2006/52. Amended by: 2008/27; 2012/52.
7.7.9
Amended by: 2006/27, 41 and 52; 2008/27; 2012/52; 2014/69; 2015/6.
7.7.10
Substituted by: 2005/36. Amended by: 2006/52; 2009/55; 2010/26; 2011/16; 2012/9; 2014/69.
7.7.14
Amended by: 2006/62; 2008/60.
7.7.15
Amended by: 2005/36; 2006/52 and 62; 2007/65; 2008/46; 2009/35; 2010/26; 2011/16; 2012/9; 2013/3; 2014/5 and 68; 2015/48.
7.7.16
Amended by: 2006/62; 2007/59.
7.7.17
Amended by: 2006/62; 2007/65.
7.8.2
Amended by: 2005/27.
7.8.3
Amended by: 2006/62; 2007/25.
7.8.4
Amended by: 2005/36; 2006/52; 2007/65; 2008/46; 2009/35; 2010/26; 2011/16; 2012/9; 2013/3; 2014/5 and 68; 2015/48.
7.8.6
Amended by: 2006/71.
7.8.7
Amended by: 2005/36; 2006/52 and 62; 2007/65; 2008/46; 2009/35; 2010/26; 2012/9; 2013/3; 2014/5 and 68; 2015/48.
7.8.8
Amended by: 2005/36; 2006/52 and 62; 2007/65; 2008/46; 2009/35; 2010/26; 2011/16; 2012/9; 2013/3; 2014/5 and 68; 2015/48.
7.8.9
Substituted by: 2005/27. Amended by: 2005/36; 2006/52; 2007/65; 2008/27; 2008/46; 2009/35; 2010/26; 2011/16; 2012/9 and 52; 2013/3; 2014/5 and 69; 2015/47.
7.8.10
Inserted by: 2007/25.
7.8.11
Inserted by: 2007/25. Amended by: 2007/33 (through 2007/25).
7.8.12
Inserted by: 2007/25. Amended by: 2007/33 (through 2007/25).
7.8.13
Inserted by: 2007/25. Omitted by: 2014/69.
Annex 7.A Substituted by: 2005/50; 2006/63. Omitted by: 2007/25.
Annex 7.A1 Inserted by: 2007/25. Amended by: 2007/33 (through 2007/25). Substituted by: 2007/65. Amended by: 2007/70. Substituted by: 2008/49; 2009/34. Amended by: 2009/38. Substituted by: 2010/26; 2011/16; 2012/9; 2013/3; 2014/5. Amended by: 2014/63. Substituted by: 2014/68. Amended by: 2015/22. Substituted by: 2015/48.
Annex 7.A2 Inserted by: 2007/25. Substituted by: 2007/33 (through 2007/25). Amended by: 2007/65. Substituted by: 2008/1; 2009/5. Amended by: 2009/11. Substituted by: 2010/4; 2011/3, 44 and 47; 2012/4; 2013/3. Amended by: 2013/51. Substituted by: 2014/6 and 68; 2015/48.
Clause
Amendments
Annex 7.A2A Inserted by: 2012/35.
Annex 7.A3 Inserted by: 2007/25. Substituted by: 2007/33 (through 2007/25) and 65; 2008/49; 2009/34; 2010/26; 2011/16; 2012/9; 2013/3. Amended by: 2013/24. Substituted by: 2014/5 and 68. Amended by: 2015/22. Substituted by: 2015/48.
Annex 7.B Substituted by: 2005/50. Amended by: 2006/62. Substituted by: 2006/63; 2007/33 and 65; 2008/46. Amended by: 2008/50 (through 2008/46). Substituted by: 2009/35; 2010/26; 2011/16; 2012/9; 2013/3. Amended by: 2013/5 and 28. Substituted by: 2014/5. Amended by: 2014/39 and 68; 2015/22. Substituted by: 2015/48.
Annex 7.BA Inserted by: 2007/33. Substituted by: 2007/65; 2008/50; 2009/40; 2010/26; 2011/16. Omitted by: 2012/9.
Annex 7.C Substituted by: 2005/36; 2006/52; 2007/65; 2008/46; 2009/35. Amended by: 2009/47. Substituted by: 2010/26; 2011/16; 2012/9; 2013/3; 2014/5 and 68; 2015/48.
Annex 7.D Substituted by: 2011/28 and 39.
Annex 7.E Inserted by: 2007/25. Substituted by: 2010/62.
8.0.1
Numbered and substituted by: 2005/52. Amended by: 2009/3.
8.0.2
Numbered and amended by: 2005/52. Amended by: 2006/16; 2007/36; 2009/12; 2010/64; 2014/22, 43 and 49.
8.3A.1
Inserted by: 2010/64.
8.3A.2
Inserted by: 2010/64.
8.3A.3
Inserted by: 2010/64.
8.3A.4
Inserted by: 2010/64.
8.3A.5
Inserted by: 2010/64.
8.3A.6
Inserted by: 2010/64. Amended by: 2011/13.
8.3A.7
Inserted by: 2010/64.
8.3A.8
Inserted by: 2010/64.
8.3A.9
Inserted by: 2010/64.
8.3A.10
Inserted by: 2010/64. Amended by: 2011/10 (through 2010/64).
8.3A.11
Inserted by: 2010/64. Amended by: 2014/9.
8.3A.12
Inserted by: 2010/64. Amended by: 2014/9.
8.3A.13
Inserted by: 2010/64. Amended by: 2014/9.
Clause
Amendments
8.3A.14
Inserted by: 2010/64. Amended by: 2011/10 (through 2010/64), 2014/9.
8.3A.15
Inserted by: 2010/64. Amended by: 2014/9.
8.3A.16
Inserted by: 2010/64. Amended by: 2014/9.
8.3A.17
Inserted by: 2010/64. Amended by: 2014/9.
8.3A.18
Inserted by: 2010/64. Amended by: 2011/10 (through 2010/64), 2014/9.
8.3A.19
Inserted by: 2010/64. Amended by: 2014/9.
8.3A.20
Inserted by: 2010/64. Amended by: 2014/9.
8.3A.21
Inserted by: 2010/64.
8.4.3
Amended by: 2008/48.
8.4.4
Amended by: 2005/52; 2009/20.
8.4.6
Amended by: 2007/36.
8.4.10
Amended by: 2006/28; 2007/81; 2008/31; 2009/19 and 28; 2010/24; 2011/40; 2012/48; 2013/57; 2014/33; 2015/31.
8.4.10A
Inserted by: 2009/19. Amended by: 2009/32 and 49; 2010/24; 2011/40; 2012/48; 2013/57; 2014/33; 2015/31.
8.4.11A
Inserted by: 2009/19. Amended by 2015/31.
8.4.12
Amended by: 2006/28; 2007/36 and 81; 2008/18 and 31; 2009/28; 2010/24; 2011/40; 2012/48; 2013/57; 2014/33; 2015/31.
8.4.13
Amended by: 2006/28; 2007/81; 2008/31; 2009/28; 2010/24; 2011/40; 2012/48; 2013/57; 2014/33; 2015/31.
8.4.16
Amended by: 2005/52.
8.4.19
Amended by: 2007/36 and 63; 2010/64; 2012/48.
8.4.20
Amended by: 2006/28; 2007/63 and 81; 2008/31; 2009/28; 2010/24; 2011/40; 2012/48; 2013/57; 2014/33; 2015/31.
8.4.21
Amended by: 2007/36; 2010/64.
8.4.24
Amended by: 2007/36; 2010/34.
8.4.25
Amended by: 2006/28; 2007/36 and 81; 2008/31; 2009/28; 2010/24 and 34; 2011/40 and 45; 2012/37; 2012/48; 2013/9 and 57; 2014/33; 2015/31.
8.5.1
Substituted by: 2006/16.
8.5.2
Substituted by: 2006/16.
8.5.3
Substituted by: 2006/16.
8.5.4
Amended by: 2005/52. Substituted by: 2006/16. Amended by: 2012/43.
8.5.5
Substituted by: 2006/16.
8.5.6
Substituted by: 2006/16. Amended by: 2012/43.
Clause
Amendments
8.5.7
Omitted by: 2006/16.
Annex 8.5.A Inserted by: 2006/16. Omitted by: 2012/43.
8.6.1
Inserted by: 2007/36.
8.6.2
Inserted by: 2007/36.
8.6.3
Inserted by: 2007/36.
8.6.4
Inserted by: 2007/36.
8.6.5
Inserted by: 2007/36.
8.6.6
Inserted by: 2007/36.
8.6.7
Inserted by: 2007/36. Amended by: 2009/27; 2015/37.
8.6.8
Inserted by: 2007/36.
8.6.9
Inserted by: 2007/36. Amended by: 2011/28. Substituted by: 2013/59.
8.6.10
Inserted by: 2007/36. Amended by: 2011/28.
8.6.11
Inserted by: 2007/36.
8.6.12
Inserted by: 2007/36. Amended by: 2011/45.
8.6.13
Inserted by: 2007/36. Amended by: 2009/27; 2012/37; 2015/37.
8.6.14
Inserted by: 2007/36.
8.6.15
Inserted by: 2007/36.
Annex 8.6.A Inserted by: 2007/36. Substituted by: 2011/28.
8.7.1
Inserted by: 2009/12.
8.7.2
Inserted by: 2009/12.
8.7.3
Inserted by: 2009/12.
8.7.4
Inserted by: 2009/12.
8.7.5
Inserted by: 2009/12.
8.7.6
Inserted by: 2009/12.
8.7.7
Inserted by: 2009/12.
8.7.8
Inserted by: 2009/12.
8.7.9
Inserted by: 2009/12.
8.7.10
Inserted by: 2009/12.
8.7.11
Inserted by: 2009/12.
8.7.12
Inserted by: 2009/12.
Clause
Amendments
8.7A.1
Inserted by: 2014/22.
8.7A.2
Inserted by: 2014/22.
8.7A.3
Inserted by: 2014/22.
8.7A.4
Inserted by: 2014/22.
8.7A.5
Inserted by: 2014/22.
8.8.1
Inserted by: 2014/49.
8.8.2
Inserted by: 2014/49.
8.8.3
Inserted by: 2014/49.
8.8.4
Inserted by: 2014/49.
8.8.5
Inserted by: 2014/49.
8.8.6
Inserted by: 2014/49.
8.8.7
Inserted by: 2014/49.
8.8.8
Inserted by: 2014/49.
8.10.1
Inserted by: 2014/43. Amended by: 2015/27.
8.10.2
Inserted by: 2014/43.
8.10.3
Inserted by: 2014/43.
8.10.4
Inserted by: 2014/43.
8.10.5
Inserted by: 2014/43.
8.10.6
Inserted by: 2014/43. Amended by: 2015/27.
9.0.3
Amended by: 2007/75; 2012/47.
9.0.4
Amended by: 2009/44.
9.1.1A
Inserted by: 2010/31. Amended by: 2013/55.
9.1.3
Amended by: 2005/32.
9.1.3AA
Inserted by: 2010/31. Amended by: 2013/24; 2014/38.
9.1.4
Amended by: 2011/28.
9.1.6
Amended by: 2006/65; 2009/72; 2013/19.
9.1.7
Amended by: 2005/52.
9.1.10
Amended by: 2014/38.
9.2.5
Omitted by: 2005/27.
9.2.9
Amended by: 2007/71.
9.2.11
Amended by: 2008/32.
Clause
Amendments
9.2.12
Amended by: 2005/52; 2008/32.
9.2.13
Amended by: 2005/52; 2008/32.
9.2.14
Amended by: 2008/32.
9.2.17
Amended by: 2005/27.
9.2.22
Substituted by: 2005/52.
9.2.23
Amended by: 2008/52; 2010/64.
9.2.27
Substituted by: 2014/34.
9.2.28
Amended by: 2011/36.
9.2.32
Amended by: 2009/44.
9.2.33
Amended by: 2009/27; 2015/37.
9.2.35
Substituted by: 2005/52.
9.2.37
Substituted by: 2010/64.
9.2.41
Amended by: 2010/64.
9.2.44
Omitted by: 2014/31.
9.3.2
Amended by: 2005/52; 2012/18 and 60.
9.3.3
Substituted by: 2005/52.
9.3.4
Substituted by: 2005/52.
9.3.5
Substituted by: 2005/52.
9.3.6
Substituted by: 2005/52.
9.3.7
Substituted by: 2005/52.
9.3.8
Substituted by: 2005/52.
9.3.9
Substituted by: 2005/52.
9.3.10
Substituted by: 2005/52.
9.3.11
Substituted by: 2005/52.
9.3.12
Substituted by: 2005/52.
9.3.13
Substituted by: 2005/52.
9.3.14
Substituted by: 2005/52.
9.3.15
Substituted by: 2005/52.
9.3.16
Substituted by: 2005/52.
9.3.17
Substituted by: 2005/52.
9.3.18
Substituted by: 2005/52.
Clause
Amendments
9.3.19
Substituted by: 2005/52. Amended by: 2009/27; 2015/37.
9.3.20
Substituted by: 2005/52.
9.3.21
Substituted by: 2005/52.
9.3.22
Substituted by: 2005/52.
9.3.23
Substituted by: 2005/52.
9.3.23A
Inserted by: 2012/29.
9.3.23B
Inserted by: 2012/29.
9.3.23C
Inserted by: 2012/29.
9.3.23D
Inserted by: 2012/29.
9.3.25
Amended by: 2005/58; 2008/2 and 17; 2010/64.
9.3.26
Amended by: 2005/58; 2007/44; 2011/28.
9.3.34
Amended by: 2005/34.
9.3.36
Amended by: 2005/52; 2010/64.
9.3.44
Substituted by: 2005/37; 2008/2.
9.3.45
Amended by: 2005/27. Substituted by: 2005/37. Amended by: 2005/52; 2006/38; 2008/2.
9.3.46
Substituted by: 2005/37. Amended by: 2013/8.
9.3.47
Substituted by: 2005/37. Amended by: 2005/52. Substituted by: 2008/2.
9.3.48
Substituted by: 2005/37. Amended by: 2005/52; 2008/2.
9.3.49
Substituted by: 2005/37. Amended by: 2005/52.
9.3.50
Substituted by: 2005/37 and 52.
9.3.51
Substituted by: 2005/37. Amended by: 2005/52. Substituted by: 2008/2.
9.3.52
Substituted by: 2005/37. Amended by: 2008/2 and 65.
9.3.53
Substituted by: 2005/37. Amended by: 2005/52.
9.3.53A
Inserted by: 2005/37.
9.3.53B
Inserted by: 2005/37. Substituted by: 2005/52.
9.3.53C
Inserted by: 2005/37. Amended by: 2005/52.
9.3.53D
Inserted by: 2005/37.
9.3.53E
Inserted by: 2012/18.
9.3.53F
Inserted by: 2012/18.
9.3.53G
Inserted by: 2012/18.
9.3.53H
Inserted by: 2012/18.
Clause
Amendments
9.3.53I
Inserted by: 2012/18.
9.3.53J
Inserted by: 2012/18.
9.3.53K
Inserted by: 2012/18.
9.3.53L
Inserted by: 2012/18.
9.3.53M
Inserted by: 2012/18.
9.3.53N
Inserted by: 2012/18.
9.3.53O
Inserted by: 2012/18.
9.3.53P
Inserted by: 2012/18. Amended by: 2015/37.
9.3.53Q
Inserted by: 2012/18. Amended by: 2015/37.
9.3.53R
Inserted by: 2012/18.
9.3.57
Substituted by: 2005/52.
9.3.63
Substituted by: 2005/52. Amended by: 2015/37.
9.4.3
Amended by: 2005/52; 2009/3; 2012/29.
9.4.6
Substituted by: 2012/29. Amended by: 2012/51.
9.4.7
Substituted by: 2012/29. Omitted by: 2012/51.
9.4.8
Omitted by: 2005/58. Inserted by: 2012/29. Amended by: 2012/51.
9.4.9
Amended by: 2005/58; 2007/48; 2009/33. Substituted by: 2012/29.
9.4.10
Substituted by: 2012/29. Amended by: 2012/51.
9.4.12
Amended by: 2012/29.
9.4.14
Amended by: 2012/29.
9.4.15
Amended by: 2012/29.
9.4.15A
Amended by: 2005/58; 2009/33. Substituted by: 2012/29.
9.4.17
Substituted by: 2013/24.
9.4.21
Substituted by: 2013/24.
Division 3 title Amended by: 2012/56.
9.4.23
Substituted by: 2005/58. Amended by: 2007/44 and 49; 2013/59.
9.4.24
Amended by: 2005/34 and 52. Substituted by: 2005/58. Amended by: 2006/62.
9.4.25
Amended by: 2005/52. Substituted by: 2005/58. Amended by: 2006/8.
9.4.26
Amended by: 2005/34. Substituted by: 2005/58. Amended by: 2006/8.
9.4.26A
Omitted by: 2005/58.
Clause
Amendments
9.4.26B
Inserted by: 2005/37. Omitted by: 2005/58.
9.4.27
Substituted by: 2005/58. Amended by: 2006/62.
9.4.28
Substituted by: 2005/58. Amended by: 2006/62; 2013/59.
9.4.29
Substituted by: 2005/58.
9.4.30
Substituted by: 2005/58.
9.4.31
Amended by: 2005/52. Substituted by: 2005/58. Amended by: 2006/18; 2013/19.
9.4.32
Substituted by: 2005/58.
9.4.33
Inserted by: 2005/58.
9.4.34
Inserted by: 2005/58. Amended by: 2006/62. Substituted by: 2007/46.
9.4.35
Inserted by: 2005/58.
9.4.36
Inserted by: 2005/58. Amended by: 2006/62.
9.4.37
Inserted by: 2005/58.
9.4.38
Inserted by: 2005/58. Amended by: 2006/66; 2009/71; 2014/2.
9.4.39
Inserted by: 2005/58.
9.4.40
Inserted by: 2005/58.
9.4.41
Inserted by: 2005/58.
9.4.42
Inserted by: 2005/58. Amended by: 2006/62.
9.4.43
Inserted by: 2005/58. Omitted by: 2007/71.
9.5.2
Substituted by: 2007/75. Amended by: 2012/47 and 55; 2015/37; 2015/37.
9.5.4
Amended by: 2006/9; 2007/54
9.5.5
Amended by: 2007/75.
9.5.6
Substituted by: 2005/39.
9.5.7
Amended by: 2005/39.
9.5.9
Amended by: 2006/18 and 51.
9.5.10
Amended by: 2006/18; 2009/41; 2010/29; 2011/31; 2012/40; 2013/42. Substituted by: 2013/59; 2015/37.
9.5.11
Amended by: 2006/51.
9.5.12
Amended by: 2006/51.
9.5.14
Substituted by: 2005/39. Amended by: 2012/47.
9.5.14A
Inserted by: 2012/47.
9.5.15
Substituted by: 2007/54 and 75. Amended by: 2010/1. Substituted by: 2012/47.
Clause
Amendments
9.5.15A
Inserted by: 2012/47. Amended by: 2014/9; 2015/37.
9.5.16
Amended by: 2006/9; 2007/15 and 75; 2008/17; 2012/47.
9.5.17
Amended by: 2007/2; 2016/8.
9.5.18
Amended by: 2005/19; 2006/38; 2007/28; 2008/24; 2009/41; 2010/29; 2011/31; 2012/40; 2013/42; 2015/37.
9.5.20
Amended by: 2005/19; 2006/27 and 38; 2007/28 and 75; 2008/24; 2009/41; 2010/29; 2011/31; 2012/40 and 47; 2013/42; 2015/37; 2016/8.
9.5.21
Amended by: 2012/47.
9.5.22
Amended by: 2012/47.
9.5.23
Amended by: 2007/2.
9.5.24
Amended by: 2012/47.
9.5.25
Amended by: 2012/47.
9.5.26
Amended by: 2012/47.
9.5.27
Amended by: 2007/75; 2012/47; 2015/37.
9.5.28A
Inserted by: 2006/9. Omitted by: 2006/9. Inserted by: 2007/54. Omitted by: 2007/54.
9.5.29
Amended by: 2006/9; 2012/47.
9.5.30
Amended by: 2005/39.
9.5.32
Amended by: 2005/39; 2012/47.
9.5.33
Amended by: 2010/1.
9.5.34
Amended by: 2006/9; 2008/17; 2010/20.
9.5.35
Amended by: 2007/2; 2016/8.
9.5.36
Amended by: 2007/2.
9.5.37
Amended by: 2005/19; 2006/38; 2007/28; 2008/24; 2009/41; 2010/29; 2011/31; 2012/40; 2013/42; 2015/37.
9.5.39
Amended by: 2005/19; 2006/27 and 38; 2007/28 and 75; 2008/24; 2009/41; 2010/29; 2011/31; 2012/40; 2013/42; 2015/37; 2016/8.
9.5.40
Amended by: 2008/48.
9.5.41
Amended by: 2010/20.
9.5.46A
Inserted by: 2006/9. Omitted by: 2006/9. Inserted by: 2007/54. Omitted by: 2007/54.
Annex 9.5.A Amended by: 2005/19; 2006/38; 2007/28. Substituted by: 2007/75. Amended by: 2008/24. Substituted by: 2009/41; 2010/29; 2011/31. Amended by: 2012/40. Substituted by: 2012/47 and 53; 2013/42; 2015/37.
Clause
Amendments
Annex 9.5.B Inserted by: 2007/75. Amended by: 2008/24. Substituted by: 2009/41; 2010/29; 2011/31. Amended by: 2012/40. Substituted by: 2012/47. Amended by: 2012/53. Substituted by: 2013/42; 2015/37. Omitted by: 2015/37.
Annex 9.5.C Inserted by: 2007/75. Amended by: 2008/24; 2009/41; 2010/29; 2011/31; 2012/40; 2013/42; 2015/37.
9.6.5
Amended by: 2005/52.
9.6.6
Substituted by: 2013/41. Amended by: 2014/31.
9.6.16
Amended by: 2009/27; 2015/37; 2015/37.
9.6.16A
Inserted by: 2008/52.
9.6.17
Amended by: 2005/52.
9.6.19
Amended by: 2014/31.
9.6.21
Substituted by: 2005/52.
9.6.24
Amended by: 2006/1; 2007/3; 2009/7; 2010/27; 2012/13; 2013/15; 2015/17.
9.6.25
Amended by: 2006/1 and 22; 2007/3 and 31; 2009/7; 2010/27; 2011/8; 2012/13; 2014/19.
9.6.27
Amended by: 2009/27; 2012/47; 2015/37..
9.7.3
Substituted by: 2014/31.
10.0.1
Numbered by: 2009/25.
Chapter 10 Contents 10.0.2
Amended by: 2008/5. Numbered by: 2009/25. Amended by: 2014/4.
10.1.2
Amended by: 2006/26.
10.1.2A
Inserted by: 2006/26.
10.3.1
Substituted by: 2013/61.
10.3.2
Amended by: 2006/64; 2013/19. Substituted by: 2013/61.
10.3.3
Amended by: 2006/48 and 2013/61.
10.5.1
Inserted by: 2008/5.
10.5.2
Inserted by: 2008/5.
10.5.3
Inserted by: 2008/5.
11.0.1
Numbered by: 2009/25.
11.0.2
Numbered by: 2009/25. Amended by: 2009/61.
11.2.5
Amended by: 2009/70; 2010/39.
11.2.8
Amended by: 2010/39.
11.2.9
Substituted by: 2009/70.
Clause
Amendments
11.2.11
Amended by: 2010/39.
11.2.12
Amended by: 2009/70; 2010/39.
11.2.14
Amended by: 2009/70; 2010/39.
11.2.26
Amended by: 2009/70.
11.2.27
Substituted by: 2009/70. Amended by: 2010/39.
11.3.3
Amended by: 2009/3.
11.3.4
Inserted by: 2011/34.
11.4.1
Inserted by: 2009/61.
11.4.2
Inserted by: 2009/61.
11.4.3
Inserted by: 2009/61.
11.4.4
Inserted by: 2009/61.
11.4.5
Inserted by: 2009/61. Amended by: 2009/73; 2011/23.
11.4.6
Inserted by: 2009/61.
11.4.7
Inserted by: 2009/61.
11.4.8
Inserted by: 2009/61. Amended by: 2009/73.
12.0.2
Numbered by: 2009/25.
12.3.2
Amended by: 2005/53. Substituted by: 2009/51.
12.3.3
Amended by: 2010/31.
12.3.5
Amended by: 2005/53; 2007/74; 2010/37; 2014/18.
12.3.9
Amended by: 2010/37.
12.3.12
Amended by: 2005/22.
12.3.19
Amended by: 2008/48.
12.3.20
Amended by: 2008/48.
12.3.21
Omitted by: 2008/28.
12.4.1
Substituted by: 2012/12.
12.4.2
Omitted by: 2012/12.
12.4.3
Substituted by: 2012/12.
12.4.4
Amended by: 2012/12.
12.4.5
Substituted by: 2012/12.
12.4.6
Amended by: 2008/27.
12.4.7
Amended by: 2009/53. Omitted by: 2012/12.
Clause
Amendments
13.0.1
Numbered by: 2009/25.
13.0.2
Numbered by: 2009/25.
13.1.4
Inserted by: 2012/18.
13.2.0
Numbered by: 2009/77.
13.2.0A
Numbered by: 2009/77. Amended by: 2011/5; 2012/17.
Chapter 13 Part 2 Contents 13.2.0B
Amended by: 2005/53. Numbered by: 2009/77.
13.2.3
Amended by: 2008/17.
13.2.10
Substituted by: 2005/53.
13.3.6
Amended by: 2013/44.
13.3.7
Amended by: 2008/60.
13.3.15
Substituted by: 2013/59.
13.3.18
Amended by: 2010/13.
Annex 13.3.A Substituted by: 2005/57; 2006/77; 2007/73. Amended by: 2008/15, 23, 55 and 57. Substituted by: 2009/54; 2010/43. Amended by: 2010/51. Substituted by: 2012/3 and 40. Amended by: 2012/46. Substituted by: 2013/44. Amended by: 2013/56; 2014/18.
13.4.0
Numbered by: 2011/28.
13.4.0A
Numbered by: 2011/28.
13.4.2
Substituted by: 2014/9.
14.0.1
Numbered by: 2009/25.
14.0.2
Numbered by: 2009/25.
14.1.1
Amended by: 2008/48.
14.1.2
Substituted by: 2007/34.
14.2.1
Amended by: 2011/5.
14.2.4
Amended by: 2007/74; 2008/48.
14.2.6
Amended by: 2005/53. Substituted by: 2008/34.
14.2.6A
Inserted by: 2008/34.
14.2.6B
Inserted by: 2008/34. Amended by: 2008/48.
14.2.6C
Inserted by: 2008/34. Amended by: 2014/38.
14.3.6
Amended by: 2008/48.
14.3.7
Amended by: 2006/59.
14.3.8
Amended by: 2007/74; 2008/48.
Clause
Amendments
14.3.11
Amended by: 2013/49.
14.3.13
Amended by: 2010/64.
14.3.14
Amended by: 2008/48.
14.3.15
Amended by: 2008/48.
14.3.18
Amended by: 2005/53; 2012/60.
14.3.20
Omitted by: 2007/10.
14.3.25
Substituted by: 2005/53.
14.3.26
Substituted by: 2005/53.
14.3.27
Substituted by: 2005/53.
14.4.4A
Inserted by: 2015/41.
14.4.4
Substituted by: 2015/41.
14.4.5
Amended by: 2014/66.
14.4.6
Amended by: 2005/53; 2011/5; 2012/17.
14.4.7
Amended by: 2007/74. Substituted by: 2015/41.
14.4.9
Amended by: 2012/54.
14.4.10
Amended by: 2007/74; 2008/61. Substituted by: 2012/54.
14.4.16
Amended by: 2005/53.
14.5.1
Substituted by: 2005/41.
14.5.2
Amended by: 2005/41; 2012/54 and 56.
14.5.3
Amended by: 2012/54.
14.5.4
Amended by: 2012/54.
14.5.5
Amended by: 2005/53; 2009/20; 2012/54.
14.6.14
Amended by: 2007/48.
15.0.1
Numbered by: 2009/25.
15.0.2
Numbered by: 2009/25. Amended by: 2014/50.
15.1.2
Substituted by: 2007/34.
15.1.4
Amended by: 2008/60; 2011/27.
15.1.4A
Inserted by: 2007/62. Amended by: 2008/60. Substituted by: 2009/69. Amended by: 2009/78; 2010/36; 2012/26; 2014/62; 2015/43.
15.1.5
Amended by: 2016/21.
15.1.6
Inserted by: 2012/18.
Clause
Amendments
15.2.3
Amended by: 2005/53.
15.2.7
Amended by: 2005/48; 2008/48; 2009/3; 2013/41; 2014/9; 2015/36, 38 and 44.
15.2.8
Amended by: 2007/10; 2012/39; 2014/2; 2014/18.
15.2.9A
Inserted by: 2005/48.
15.2.12
Amended by: 2005/53; 2007/46.
15.2.16
Omitted by: 2007/32.
15.2.22
Substituted by: 2011/38.
15.2.29
Substituted by: 2006/10.
15.2.31
Amended by: 2005/57. Amended by: 2009/27; 2012/47.
15.2.34
Amended by: 2009/65.
15.2.37
Amended by: 2005/19; 2006/38; 2007/28; 2008/24; 2009/41; 2010/29; 2011/31; 2012/40; 2013/44; 2015/37; 2015/37.
Annex 15.2.A Substituted by: 2005/18, 24, 29, 33, 38, 42, 49 and 54; 2006/2, 6, 10, 20, 21, 29, 37, 46, 49, 58, 59, 69 and 73; 2007/1, 6, 10, 16, 21, 30, 32, 45, 55, 61, 68, 72 and 82; 2008/3, 7, 10, 16, 20, 22, 25, 30, 38, 44, 51, 59 and 62; 2009/2, 9, 13, 23, 30, 37, 42, 48, 52, 57, 68, 76 and 81; 2010/2, 6, 9, 17, 21, 25, 28, 41, 42, 44, 49, 55 and 60; 2011/1, 9, 12, 18, 22, 27, 30, 35, 37, 41, 46, 50 and 53; 2012/1, 6, 14, 17, 20, 27, 32, 38, 45, 50, 58, 64 and 69; 2013/6, 13, 17, 21, 25 and 32. Amended by: 2013/35. Substituted by: 2013/38, 43, 46, 48, 54 and 60. Amended by: 2013/53. Substituted by: 2014/1, 8, 13, 16, 20, 25, 28, 35, 41, 47, 52, 57 and 66; 2015/1, 6, 8, 14, 19, 21, 25, 30, 33, 34, 39, 45, 46; 2016/1, 2, 6, 12, 17 and 20.
15.3.3
Amended by: 2009/65.
15.3.4
Amended by: 2013/44.
15.3.6
Amended by: 2005/25.
15.3.7
Amended by: 2007/82; 2008/48; 2010/57; 2011/20. Substituted by: 2013/14. Amended by: 2014/12; 2015/18.
15.3.8
Amended by: 2005/25; 2008/48; 2010/57.
15.3.9
Amended by: 2013/14.
15.3.12
Omitted by: 2009/29.
15.3.13
Amended by: 2005/53.
15.3.15
Amended by: 2008/47.
15.3.15A
Inserted by: 2008/47. Amended by: 2008/69.
15.3.16
Amended by: 2005/53; 2008/48.
15.3.25
Amended by: 2012/24.
15.3.28
Amended by: 2014/38.
15.3.30
Amended by: 2005/53. Substituted by: 2006/24.
Clause
Amendments
15.3.31
Amended by: 2005/53. Substituted by: 2006/24.
15.3.32
Amended by: 2005/53. Substituted by: 2006/24.
15.3.33
Amended by: 2005/53. Substituted by: 2006/24; 2012/18.
15.3.34
Amended by: 2005/53. Substituted by: 2006/24.
15.3.35
Amended by: 2005/53. Substituted by: 2006/24.
15.3.36
Amended by: 2005/53. Substituted by: 2006/24.
15.3.37
Omitted by: 2006/24.
Division 7 Title Amended by: 2009/65.
15.3.38
Amended by: 2009/65.
15.3.39
Amended by: 2007/72; 2009/16 and 65 and 2013/62.
15.3.41
Inserted by: 2009/65. Amended by: 2009/77.
15.4.3
Substituted by: 2011/13. Amended by: 2015/14.
15.4.7A
Inserted by: 2013/50.
15.4.16
Amended by: 2008/27.
15.4.18
Amended by: 2005/27.
15.4.19
Amended by: 2005/53.
15.4.21
Amended by: 2005/53.
15.4.27
Substituted by: 2005/55.
Annex 15.4.A Amended by: 2008/27.
15.5.4
Amended by: 2007/74.
15.5.7
Amended by: 2014/3.
15.5.9
Substituted by: 2007/74; 2008/39.
15.5.9A
Inserted by: 2007/74. Amended by: 2008/39.
15.5.10
Amended by: 2005/40; 2007/74; 2008/48.
15.5.11
Amended by: 2005/40.
15.5.19
Amended by: 2005/58; 2007/46.
15.5.22
Amended by: 2007/59.
15.6.1
Amended by: 2013/12.
15.6.2
Amended by: 2012/54.
15.6.3
Omitted by: 2012/54.
Clause
Amendments
15.6.4
Amended by: 2008/47; 2012/56.
15.6.5
Amended by: 2013/12; 2016/21.
15.6.6
Amended by: 2013/12.
15.6.7
Omitted by: 2008/21. Inserted by: 2013/12.
15.6.10
Amended by: 2011/29; 2013/12; 2016/21.
15.6.11
Amended by: 2006/28; 2007/81; 2008/31, 47 and 48; 2009/28; 2010/24; 2011/40; 2012/48; 2013/12, 19 and 57; 2014/33; 2015/31; 2016/21.
15.6.12
Amended by: 2007/17. Substituted by: 2007/29. Amended by: 2008/48; 2010/18; 2011/20; 2013/14; 2014/12; 2015/18.
15.6.14
Substituted by: 2007/74. Amended by: 2014/50.
15.6.16
Amended by: 2008/47.
Division 3 title Amended by: 2008/47; 2012/56.
15.6.17
Amended by: 2008/47; 2012/56; 2014/2.
15.6.18
Omitted by: 2008/47.
15.6.19
Omitted by: 2012/56.
15.6.20
Amended by: 2005/29; 2013/12; 2016/21.
15.6.21
Amended by: 2005/29.
15.6.25
Amended by: 2005/53.
15.6.26
Amended by: 2007/63; 2013/12.
15.6.28
Amended by: 2006/28; 2007/63 and 81; 2008/31; 2009/28; 2010/24; 2011/40. Substituted by: 2012/48. Amended by: 2013/12 and 57; 2014/33; 2015/31.
15.6.30
Amended by: 2005/23.
15.6A.1
Inserted by: 2014/50.
15.6A.2
Inserted by: 2014/50.
15.6.33
Omitted by: 2007/63.
Annex 15.6.A Amended by: 2006/4, 46 and 50. Substituted by: 2007/12. Amended by: 2008/18, 26, 36 and 47; 2009/29 and 82; 2010/11, 18 and 51; 2011/4. Substituted by: 2011/29. Amended by: 2012/54 and 70; 2013/8 and 32; 2014/20, 21 and 58; 2015/14; 2016/21 and 22.
Annex 15.6.B Amended by: 2006/50; 2008/18, 26 and 47; 2009/43; 2010/11, 23 and 33; 2011/29; 2012/10; 2014/21 and 25; 2015/24; 2016/22.
15.7.5
Amended by: 2006/77; 2007/6 and 30; 2008/42; 2009/59; 2010/23 and 33; 2011/38; 2012/10 and 70; 2013/8, 21 and 38; 2014/21, 41 and 47; 2015/24 and 2015/43, 2016/17.
Clause
Amendments
16.0.1
Numbered by: 2009/25.
16.0.2
Numbered by: 2009/25.
16.1.4
Amended by: 2014/21.
16.1.7
Amended by: 2005/47 and 48; 2015/14.
16.2.2
Amended by: 2008/42.
16.2.3
Amended by: 2005/47; 2006/42; 2009/66; 2010/15 and 56; 2012/11; 2012/24; 2014/54; 2016/5.
16.2.4
Amended by: 2014/66.
16.2.5A
Inserted by: 2008/42.
16.2.6
Substituted by: 2007/4.
16.4.4
Amended by: 2006/10.
16.4.5
Amended by: 2007/39.
16.4.7
Amended by: 2007/39; 2009/16.
16.4.8
Amended by: 2007/32; 2009/16.
16.4.11
Amended by: 2007/39.
16.8.1
Substituted by: 2013/53; 2014/58.
16.8.2
Substituted by: 2013/53. Amended by: 2014/58.
16.8.3
Substituted by: 2013/53; 2014/58.
16.8.4
Substituted by: 2013/53. Amended by: 2014/58.
16.8.5
Substituted by: 2013/53.
Annex 16.A Amended by: 2005/22 and 47; 2006/6, 12, 42, 46, 48, 59 and 77; 2007/17 and 32; 2008/21, 23, 25 and 66; 2009/43 and 66; 2010/13, 15, 51 and 56; 2011/4 and 21; 2012/11, 24 and 46; 2013/11, 35 and 53; 2014/21, 58 and 66; 2015/4, 2016/14.
17.0.1
Numbered by: 2009/25.
17.0.2
Numbered by: 2009/25. Amended by: 2012/18.
17.1.2
Amended by: 2007/37.
17.1.4
Amended by: 2012/18.
17.2.3
Substituted by: 2007/37.
17.2.4
Omitted by: 2007/37.
17.3A.1
Inserted by: 2012/18.
17.3A.2
Inserted by: 2012/18.
17.3A.3
Inserted by: 2012/18.
Clause
Amendments
17.3A.4
Inserted by: 2012/18.
17.3A.5
Inserted by: 2012/18.
17.3A.6
Inserted by: 2012/18.
17.3A.7
Inserted by: 2012/18.
17.3A.8
Inserted by: 2012/18.
17.3A.9
Inserted by: 2012/18.
17.3A.10
Inserted by: 2012/18.
17.3A.11
Inserted by: 2012/18.
17.3A.12
Inserted by: 2012/18.
17.3A.13
Inserted by: 2012/18.
17.3A.14
Inserted by: 2012/18.
17.5.12
Inserted by: 2008/52. Amended by: 2009/55; 2012/52.
17.5.13
Inserted by: 2008/52. Amended by: 2009/55; 2011/39.
17.7.12
Inserted by: 2008/52. Amended by: 2009/55; 2012/52.
17.7.13
Inserted by: 2008/52. Amended by: 2009/55; 2011/39, 2014/9.
17.9.2
Amended by: 2014/15 and 54.
17.9.3
Substituted by: 2014/54.
17.9.4
Substituted by: 2014/54.
17.9.5
Substituted by: 2014/54.
17.9.6
Substituted by: 2007/37; 2014/54. Amended by: 2015/15, 16, 24, 26 and 42; 2016/13.
17.9.7
Substituted by: 2007/37; 2014/10; 2014/54.
17.9.8
Amended by: 2005/17 and 27; 2006/7 and 68; 2007/37; 2007/50; 2008/19; 2009/6 and 74; 2010/45; 2011/49; 2012/62; 2013/53; 2014/10 and 2014/59. Substituted by: 2014/54. Amended by: 2015/7.
17.9.9
Substituted by: 2014/54.
17.9.10
Substituted by: 2014/54. Amended by: 2015/7.
17.9.11
Amended by: 2011/48. Substituted by: 2013/10; 2014/54.
17.9.12
Substituted by: 2014/54.
17.9.13
Amended by: 2007/4. Omitted by: 2014/54.
17.9.14
Amended by: 2008/23; 2010/51. Omitted by: 2014/10.
17.9.15
Omitted by: 2014/10.
17.9.16
Omitted by: 2014/10.
Clause
Amendments
17.9.17
Omitted by: 2014/10.
17.9.18
Omitted by: 2014/10.
17.9.19
Amended by: 2005/27. Omitted by: 2014/10.
17.9.20
Omitted by: 2014/54.
17.9.21
Substituted by: 2009/15. Amended by: 2009/39; 2010/19; 2012/61. Substituted by: 2014/15 and 23. Amended by: 2014/53. Omitted by: 2014/54.
17.9.22
Omitted by: 2014/54.
17.9.23
Omitted by: 2014/54.
17.9.24
Substituted by: 2014/10. Omitted by: 2014/54.
17.9.25
Amended by: 2005/17; 2006/57; 2014/10. Substituted by: 2014/23. Amended by: 2014/53. Omitted by: 2014/54.
17.9.26
Amended by: 2007/4, 2014/9. Omitted by: 2014/54.
17.9.27
Amended by: 2011/48. Substituted by: 2014/10. Amended by: 2014/23. Omitted by: 2014/54.
17.9.30
Amended by: 2005/47.
17.9.33
Amended by: 2011/48.
17.9.34
Substituted by: 2011/48.
17.9.35
Substituted by: 2011/48. Amended by: 2014/54; 2015/7.
17.9.36
Substituted by: 2005/21.
17.9.38
Substituted by: 2005/21. Amended by: 2008/61; 2011/48.
17.9.39
Substituted by: 2005/21.
Annex 17.9.A Amended by: 2005/17; 2006/23 and 61; 2007/37; 2008/11 and 53; 2010/51; 2012/19 and 44; 2014/23, 48 and 53. Omitted by: 2014/54.
Annex 17.9.B Substituted by: 2010/19; 2014/23. Omitted by: 2014/54.
Annex 17.9.C Omitted by: 2014/23.
FOOTNOTE – 2005/15
1.
Defence Determination 2005/15, as amended to date. Note to Defence Determinations 2016/1 and amendments made by Defence Determinations 2016/1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 20, 21 and 22.
0
0
0