Defence Determination 2017/13, Incorporation by reference – amendment (Cth)
Defence Determination 2017/13, Incorporation by reference – amendment
| I, PHILLIP JOHN HOGLIN, Acting Assistant Secretary People Policy and Employment Conditions, make this Determination under section 58B of the Defence Act 1903. Dated 3 April 2017 P J HOGLIN Defence People Group |
1 | Citation |
| 1. | This Determination is Defence Determination 2017/13, Incorporation by reference – amendment. |
| 2. | This Determination may also be cited as Defence Determination 2017/13. |
| 2 | Commencement |
| 1. | Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. |
| Commencement information | ||
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. The whole of this instrument | 6 April 2017 | |
| Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument. | |
| 2. | Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument. |
| 3 | Authority |
| This Determination is made under section 58B of the Defence Act 1903. | |
| 4 | Schedules |
| Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms. |
SCHEDULE 1
Schedule 1—Amendments
Defence Determination 2016/19, Conditions of service
| 1 | Section 1.2.5 (forms) |
| At the end, add: |
1.2.5A References to rules in other instruments
| 1. | This Determination may make reference to rules in other instruments. Subsection 2 applies to any of the following instruments. | |
| a. | Acts of parliament. | |
| b. | Provisions of legislative instruments covered by subsection 14(3) of the Legislation Act 2003. | |
| c. | Determinations of the Defence Force Remuneration Tribunal made under section 58H of the Defence Act 1903. Note: Subsection 58B(1A) of the Defence Act 1903 provides that paragraph 14(1)(a) of the Legislation Act 2003 applies to these determinations. This means the provisions may be referenced as they were in force on a particular date or from time to time. | |
| 2. | Both the following apply to instruments listed in subsection 1. | |
| a. | Where a date is specified, the reference is to the rules that were in force on that date. | |
| b. | Where no date is specified, the reference is to the rules that are in force from time to time. | |
| 2 | Subsection 1.3.93.5 (Applying for death-provided benefits) | |
| After "Recognition of interdependent partnerships", insert ", as in force on 6 April 2017". | ||
| 3 | Subsection 3.6.6.6 (Deliberately differentiated offer) | |
| Repeal the subsection, substitute: | ||
| 6. | The deliberately differentiated offer may set out flexible working arrangements provided by Defence. | |
| 4 | Annex 3.6.A (Deliberately differentiated offer form), table item 7 | |
| Omit " in accordance with, or in addition to, Military Personnel Policy Manual, Part 7 Chapter 6, Flexible work arrangements for members of the ADF", substitute "by Defence". | ||
| 5 | Section 4.6.3 (Definition of Executive Vehicle Allowance guidelines) | |
| Repeal the definition | ||
| 6 | Paragraph 5.2.6.2.b (Applying for a leave travel restriction waiver) | ||
| Repeal the paragraph, substitute: | |||
| b. | The member wishes to travel in relation to employment prospects after they leave the ADF. Both the following conditions apply. | ||
| i. | The member's Commanding Officer must examine a request for pre-separation travel for employment. This must happen before the member applies for a restricted travel waiver. | ||
| ii. | In making a decision under subparagraph i. the Commanding Officer must take into account DI(G) Personnel 25-6, Conflicts of interest and declarations of interests, as in force on 6 April 2017. | ||
| 7 | Paragraph 5.10.4.3.h (Grant of leave without pay) | ||
| Repeal the paragraph, substitute: | |||
| h. | Any employment approved for the member under Part 7 Chapter 3 of the Military Personnel Policy Manual, as published on 6 April 2017. | ||
| 8 | Subsection 7.4.12.2 (Responsibility for living-in accommodation), authority | ||
| Omit "Accountable Authority Instructions", substitute "Public Governance, Performance and Accountability Act 2013". | |||
| 9 | Paragraph 7.4.31.2.c (Failure to make contributions) | ||
| Omit "Accountable Authority Instructions", substitute "Public Governance, Performance and Accountability Act 2013". | |||
| 10 | Paragraph 7.4.31.2.c (Failure to make contributions), cross reference note | ||
| Repeal the paragraph. | |||
| 11 | Annex 7.4.A, subsection 7.4.A.9.2 (Conduct and values), examples | ||
| Repeal the examples. | |||
| 12 | Annex 7.4.A, subsection 7.4.A.25.2 (Disputes), exception | ||
| Repeal the exception. | |||
| 13 | Subsection 7.8.46.3 (Method of repayment) | ||
| Omit "the balance is be recovered in accordance with Accountable Authority Instructions Chapter 9, Managing debt", substitute "the balance is to be recovered in accordance with the Public Governance, Performance and Accountability Act 2013". | |||
| 14 | Subsection 7.8.46.3 (Method of repayment), cross reference note | ||
| Omit "Accountable Authority Instructions Chapter 9, Managing debt", substitute "the Public Governance, Performance and Accountability Act 2013". | |||
| 15 | Subsection 14.2.9.5 (Outlay advance — recovery), authority | ||
| Omit "Accountable Authority Instructions Chapter 9, Managing debt", substitute "Public Governance, Performance and Accountability Act 2013". | |||
| 16 | Subsection 14.4.4 (International best fare) | ||
| After "Guide No. 405", insert "as published on 6 April 2017". | |||
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