Defence (Payments to ADF Cadets) Determination 2019 (Cth)
Defence (Payments to ADF Cadets) Determination 2019
I, General Angus J. Campbell AO, DSC, Chief of the Defence Force, make the following determination.
Dated 7th January 2019
Signed by
Angus J. Campbell AO, DSC
General
Chief of the Defence Force
Contents
1 Name........................................................................................................................................ 1
2 Commencement........................................................................................................................ 1
3 Authority.................................................................................................................................. 1
4 Definitions................................................................................................................................ 1
5 Schedules................................................................................................................................. 1
6 Eligibility for payments............................................................................................................ 2
7 Amount of payments................................................................................................................ 2
8 Recovery of amounts paid........................................................................................................ 2
9 Other benefits........................................................................................................................... 3
10 Authorised persons................................................................................................................ 3
11 Transitional provisions........................................................................................................... 3
Schedule 1—Repeals 4
Defence (Payments to ADF Cadets) Determination 2016 4
1 Name
This instrument is the Defence (Payments to ADF Cadets) Determination 2019.
2 Commencement
This instrument commences on 29 January 2019.
3 Authority
This instrument is made under subsection 62B(1) of the Defence Act 1903.
4 Definitions
Note: The expression ADF Cadets is used in this instrument and is defined in the Act.
In this instrument:
Act means the Defence Act 1903.
authorised person has the meaning given by section 10.
daily amount means an amount payable in respect of participation in an activity of the ADF Cadets for all or part of a day.
5 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.
6 Eligibility for payments
Application required
(1) An officer or instructor in the ADF Cadets may apply, in writing, for the payment of:
(a) a daily amount; or
(b) an expense that has been, or will be, incurred;
in respect of participation in activities of the ADF Cadets.
(2) However, an officer or instructor in the ADF Cadets may not apply for an allowance for more than 48 days of participation in activities of the ADF Cadets in a financial year.
(3) Despite subsection (2), an officer or instructor in the ADF Cadets may apply for an allowance for more than 48 days of participation in activities of the ADF Cadets in a financial year if approved, in writing, by an authorised person.
Timing of application
(4) An application must be made on or before the end of the calendar month that follows the calendar month in which the officer or instructor:
(a) participated in the activities of the ADF Cadets; or
(b) incurred the expense relating to participating in the activities of the ADF Cadets.
(5) Despite subsection (4), an application may be made after the end of the relevant calendar month if approved, in writing, by an authorised person.
7 Amount of payments
Daily amounts
(1) If an application is made in respect of participation in activities of the ADF Cadets, the daily amount payable is the amount approved by the Chief of Joint Capabilities, by notifiable instrument, for an officer or instructor at the same level as the applicant for the financial year.
Other amounts
(2) If an expense has been, or will be, incurred in respect of participation in activities of the ADF Cadets and an application is made, the amount payable is no more than the amount approved by the Chief of Joint Capabilities, by notifiable instrument, for an expense of that kind for the financial year.
Note: See also section 8.
8 Recovery of amounts paid
If an amount is paid because an expense will be incurred in respect of participation in activities of the ADF Cadets and the expense is not, in fact, incurred, then the amount:
(a) is a debt due by the person to the Commonwealth; and
(b) may be recovered by action in a court of competent jurisdiction.
9 Other benefits
(1) In exceptional circumstances, the whole or part of an out‑of‑pocket expense relating to:
(a) an officer or instructor in the ADF Cadets; or
(b) a member of the family of an ADF Cadet;
may be reimbursed, if there is no other source for reimbursing the whole or part of that expense.
Note: These expenses would not be covered by subsection 7(2).
(2) The Chief of Joint Capabilities or an authorised person may decide the amount of the reimbursement that is payable.
10 Authorised persons
A person is an authorised person for the purposes of this instrument, if the Chief of Joint Capabilities authorises the person, in writing, to do one or more of the following:
(a) to approve applications for an allowance for more than 48 days of participation in activities of the ADF Cadets in a financial year for the purposes of subsection 6(3);
(b) to approve late applications for the purposes of subsection 6(5);
(c) to make decisions about the amount of reimbursement payable under subsection 9(1).
11 Transitional provisions
(1) An application for payment made under section 5 of the Defence (Payment to ADF Cadets) Determination 2016, which has not been paid before the commencement of this instrument, is taken, after that commencement, to be an application for payment under section 6 of this instrument.
(2) Any notifiable instrument made under section 6 of the Defence (Payment to ADF Cadets) Determination 2016, as in force immediately before the commencement of this instrument, has effect, immediately after that commencement, as if it had been made by the Chief of Joint Capabilities under section 7 of this instrument.
(3) The authorisation of a person by the Vice Chief of the Defence Force under section 9 of the Defence (Payment to ADF Cadets) Determination 2016, as in force immediately before the commencement of this instrument, has effect, immediately after that commencement, as if the authorisation was given by the Chief of Joint Capabilities under section 10 of this instrument.
Note: The Chief of Joint Capabilities may issue authorisations and notifiable instruments which amend or revoke those previously issued by the Vice Chief of the Defence Force under sections 6 and 9 of the Defence (Payment to ADF Cadets) Determination 2016
Schedule 1—Repeals
Defence (Payments to ADF Cadets) Determination 2016
1 The whole of the instrument
Repeal the instrument
0
0
0