Defence Determination, Conditions of service Amendment (Airline club membership) Determination (No. 6) 2026

Administered by Department of Defence

Legislation au F2026L00584 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Defence Determination, Conditions of service Amendment (Airline club membership) Determination (No. 6) 2026

This Determination amends Defence Determination 2016/19, Conditions of service (the Principal Determination), made under section 58B of the Defence Act 1903 and in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (AI Act).

Determinations made under section 58B of the Defence Act are disallowable legislative instruments subject to the Legislation Act 2003. These instruments are also subject to the interpretation principles in the AI Act.

The Principal Determination is exempt from sunsetting under item 21A of section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015. The exemption was granted as the instrument is a large and complex document that is subject to regular review and amendment. The exemption also provides certainty for members, stakeholders and administrators.

This Determination amends the Principal Determination, which provides benefits for members of the Australian Defence Force (ADF) and their families as part of the member’s conditions of service. The Principal Determination provides a range of benefits that recognise the unique nature of military service and the obligations and limitations that military service places on members and their families. Members undertake service in both the domestic and overseas environments, including on deployments. Specific benefits are provided for each environment.

Purpose

The purpose of this Determination is to amend the additional benefits provided to officers who hold a rank of Brigadier higher to remove the provision of basic memberships for airline clubs in response to Government budget measures.

Operational details

Details of the operation of the Determination are provided at annex A.

Human rights compatibility

The statement of compatibility under subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 for this Determination is at annex B.

Review options

Decisions that are made under the Principal Determination, as amended by this Determination, may be subject to inquiry under the ADF redress of grievance system provided under Part 7 of the Defence Regulation. Also, a person may make a complaint to the Defence Force Ombudsman.

Consultation

Before this Determination was made, the consultation was undertaken with Workplace and People Strategy Division, Defence Finance Group and Senior Officer Management.

The rule maker was satisfied that further consultation was not required.

 

Approved by:

BRIG Kirk Lloyd

Director General

People Policy and Employment Conditions

 

Authority:

Section 58B of the
Defence Act 1903


Annex A

Defence Determination, Conditions of service Amendment (Airline club membership) Determination (No. 6) 2026

Operational details

Section 1 of this Determination sets out the manner in which this Determination may be cited.

Section 2 provides the Determination commences on the day after the instrument is registered.

Section 3 provides that this instrument has authority under section 58B of the Defence Act.

Section 4 provides that 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—Airline club membership

Item 1 amends section 4.6.2 of the Principal Determination, which provides the member’s whom Part 6 of Chapter 4 applies. Subsection 4.6.2.2 has been amended to remove reference to section 4.6.4, which has been repealed by item 2 of this Determination.

Item 2 repeals section 4.6.4 of the Principal Determination, which provides that a star rank officer is eligible for the basic membership of an airline club. This section has been repealed in response to Government budget measures that Commonwealth entities are not to purchase airline lounge memberships for their officials.

 

Annex B

Defence Determination, Conditions of service Amendment (Airline club membership) Determination (No. 6) 2026

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Overview of the Determination

The purpose of this Determination is to amend the additional benefits provided to who hold a rank of Brigadier higher to remove the provision of basic memberships for airline clubs in response to Government budget measures.

Human rights implications

Right to the enjoyment of just and favourable conditions of work

The protection of a person's right to remuneration engages Article 7 of the International Covenant on Economic, Social and Cultural Rights. Article 7 ensures just and favourable conditions of work, including remuneration, safe and healthy conditions, equal opportunity and reasonable limitations.

Assessment of compatibility

Reasonable, necessary and proportionate:

This Determination is compatible with Article 7 as it amends the additional benefits which are provided to star rank officers of the ADF which recognise the professional contribution of these officers in meeting greater internal and external demands involved in their positions. This Determination reduces the additional benefits provided to star rank offices by removing the provision of basic airline memberships in response to Government budget measures. Despite this, star rank officers remain eligible for work related travel at no expense and are able to travel in a higher class when required by the circumstances as a part of their conditions of service

Conclusion

This Determination is compatible with human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview

The Defence Determination, Conditions of Service Amendment (Airline Club Membership) Determination (No. 6) 2026 amends the Defence Determination 2016/19, Conditions of Service, made under section 58B of the Defence Act 1903. This Determination was enacted by the Australian Government in response to budget measures that restrict Commonwealth entities from purchasing airline lounge memberships for their officials. The amendment specifically targets the removal of basic airline club memberships for officers who hold a rank of Brigadier higher within the Australian Defence Force (ADF). The policy objective is to adjust the benefits provided to ADF officers in alignment with broader government budgetary constraints while maintaining the integrity of conditions of service that recognise the unique demands of military roles. The enactment of this Determination was overseen by the Parliament of Australia, and it is subject to disallowance and the interpretation principles set out in the Acts Interpretation Act 1901.

Scope and Application

The Defence Determination, Conditions of service Amendment (Airline club membership) Determination (No. 6) 2026 amends Defence Determination 2016/19, which sets out the conditions of service for members of the Australian Defence Force (ADF) and their families. This Determination applies to officers holding a rank of Brigadier or higher within the ADF, specifically addressing the removal of basic airline club memberships as an additional benefit due to government budget measures. The Determination is applicable nationally as it pertains to the conditions of service for ADF members, and it operates under the authority of section 58B of the Defence Act 1903, with the principal instrument being exempt from sunsetting provisions. The exemption from sunsetting was granted due to the complex and extensive nature of the document, ensuring ongoing clarity and certainty for members, stakeholders, and administrators. The Determination is subject to review under the ADF redress of grievance system and may be subject to complaint to the Defence Force Ombudsman. The removal of airline club memberships as an additional benefit is deemed reasonable, necessary, and proportionate in light of government budget measures, and the Determination is compatible with human rights as it still recognises the professional contributions of high-ranking officers through other benefits and allowances.

Key Provisions

The Defence Determination, Conditions of Service Amendment (Airline Club Membership) Determination (No. 6) 2026 (the Determination) amends Defence Determination 2016/19, Conditions of Service, made under section 58B of the Defence Act 1903. The primary amendments are detailed in Schedule 1 and primarily concern the removal of basic memberships for airline clubs for officers who hold a rank of Brigadier or higher. This amendment is in response to government budget measures that prohibit Commonwealth entities from purchasing airline lounge memberships for their officials (section 4.6.2, Schedule 1). This Determination imposes specific obligations on the Australian Defence Force (ADF) and its members. Most notably, it removes the entitlement of star rank officers to basic membership of airline clubs. This change aligns with government budget measures aimed at reducing expenses related to airline lounge memberships. Furthermore, it mandates that any references to the repealed provision in the Principal Determination are to be removed or adjusted accordingly (section 4, Determination). There are no explicit offences, penalties, or consequences for breaches outlined in the Determination itself. However, the amendments to the Principal Determination may impact the entitlements of ADF members, and any grievances or complaints related to these changes can be addressed through the ADF's redress of grievance system or by lodging a complaint with the Defence Force Ombudsman. Decisions made under the amended Principal Determination are subject to review, ensuring that any grievances are properly addressed and any breaches of the amended conditions of service are managed within the existing ADF grievance and review processes.

Legal classification tags

Area of Law
Defence Law
Administrative Law
Instrument
Determination
Concepts
Commencement Provisions
Repeal & Amendment
Regulatory Standards

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.