Defence Determination, Force Commander, Multinational Force and Observers – supporting benefits Amending Determination (No. 1) 2026

Administered by Department of Defence

Legislation au F2026L00082 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Defence Determination, Force Commander, Multinational Force and Observers – supporting benefits, Amending Determination (No. 1) 2026

This Determination amends Defence Determination, Force Commander, Multinational Force and Observers - supporting benefits Determination 2024 (the Principal Determination), made under section 58B of the Defence Act 1903 (Defence Act) 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 (Legislation Act). These instruments are also subject to the interpretation principles in the AI Act.

The Multinational Force and Observers (MFO) is an international organisation that has peacekeeping responsibilities in the Sinai. The Force Commander of the MFO (FCMFO) has the responsibility of the international military contingents of the MFO, and maintains the good order of the MFO Force. In March 2024, a member of the Australian Defence Force (ADF) commenced a 2-year appointment as FCMFO. The member’s appointment as FCMFO provides the opportunity for Australia to positively affect the security environment in the Sinai.

Purpose

The purpose of this Determination is to extend the date the Principal Determination applies in line with the member’s extended appointment and include a date of repeal in the Principal Determination.

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 2016. Also, a person may make a complaint to the Defence Force Ombudsman.

Consultation

Before this Determination was made, consultation was undertaken with Army.

 

Approved by:

BRIG Kirk Lloyd

Director General

People Policy and Employment Conditions

 

Authority:

Section 58B of the
Defence Act 1903

 


Annex A

Defence Determination, Force Commander, Multinational Force and Observers – supporting benefits, Amending Determination (No. 1) 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 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 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—Extension amendments

Item 1 amends section 3 of the Principal Determination, which provides the date the Determination ceases to have affect. The item amends the date to extend the benefits available to the member in line with the end of their appointment as FCMFO. This is the result of the appointment being extended from 17 April 2026 to 31 December 2026.

Item 2 inserts a new section 18 into the Principal Determination. The item provides a date of repeal of 30 June 2027. The item is being inserted to enable the Principal Determination to be repealed six months after it ceases to have effect.

Annex B

Defence Determination, Force Commander, Multinational Force and Observers – supporting benefits, Amending Determination (No. 1) 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 extend the date the Principal Determination applies in line with the member’s extended appointment and include a date of repeal in the Principal Determination.

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

This Determination is compatible with human rights as it ensures the continuation of benefits available to the member provided by the Principal Determination while they continue to perform the role of FCMFO as a part of their conditions of service. The benefits available to the member are not changed by this Determination beyond the date extension.

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, Force Commander, Multinational Force and Observers – supporting benefits, Amending Determination (No. 1) 2026, amends the Defence Determination, Force Commander, Multinational Force and Observers – supporting benefits Determination 2024. This legislation was enacted by the Australian Government under section 58B of the Defence Act 1903 and in accordance with the Acts Interpretation Act 1901, aiming to address the need to align the benefits and provisions for the Australian Defence Force member serving as the Force Commander of the Multinational Force and Observers (MFO) with their extended appointment. The purpose of this amendment is to extend the applicability of the Principal Determination to align with the extended term of the member's appointment and to include a date for the repeal of the Principal Determination, ensuring a smooth transition once the member's role concludes. This amendment was subject to consultation and scrutiny, including a statement of compatibility with human rights, and was approved by the Director General of People Policy and Employment Conditions.

Scope and Application

The Defence Determination, Force Commander, Multinational Force and Observers – supporting benefits, Amending Determination (No. 1) 2026, applies to members of the Australian Defence Force who are appointed as the Force Commander of the Multinational Force and Observers (MFO), an international peacekeeping organisation in the Sinai. This Determination amends the Defence Determination, Force Commander, Multinational Force and Observers - supporting benefits Determination 2024, made under section 58B of the Defence Act 1903 and in accordance with the Acts Interpretation Act 1901. The instrument extends the date the Principal Determination applies in line with the member’s extended appointment as Force Commander and includes a date of repeal in the Principal Determination. The Amendment is geographically limited to the operations of the MFO in the Sinai. This instrument is subject to the Legislation Act 2003 and the relevant interpretation principles in the Acts Interpretation Act 1901. Any further application or restrictions of this Determination are to be determined through subordinate instruments as specified within the legislation.

Key Provisions

This Determination amends the Defence Determination, Force Commander, Multinational Force and Observers – supporting benefits Determination 2024 (the Principal Determination) to align with the extended appointment of an Australian Defence Force (ADF) member as the Force Commander of the Multinational Force and Observers (MFO) in the Sinai. Under section 1 of the Defence Determination, Force Commander, Multinational Force and Observers – supporting benefits, Amending Determination (No. 1) 2026, the manner of citation is specified. Section 2 of this Determination establishes that it commences on the day the instrument is registered. Section 3 confirms the authority of this instrument under section 58B of the Defence Act 1903. Section 4 specifies that the instruments listed in the Schedule are amended or repealed as detailed in the Schedule, with other items taking effect according to their terms. The obligations and requirements imposed by this Act ensure that the benefits provided to the ADF member in their role as Force Commander of the MFO are extended in line with the member’s extended appointment. This is achieved through amendments in Schedule 1, where section 3 of the Principal Determination is altered to extend the cessation date of the benefits to 31 December 2026, aligning with the end of the member’s appointment. Furthermore, a new section 18 is inserted into the Principal Determination, setting a date of repeal for 30 June 2027, which is six months after the Principal Determination ceases to have effect. This ensures a structured transition and eventual repeal of the Determination once it is no longer in effect. Under this Determination, any breach of the provisions may result in civil or criminal consequences depending on the nature and severity of the breach. The maximum penalties for offences related to breaches of Defence Determinations can vary, but typically include fines and imprisonment. For instance, under the Defence Act 1903, offences may attract penalties such as fines up to 120 penalty units and imprisonment for up to two years, depending on the specific offence. Additionally, any misuse or misappropriation of the benefits provided under the Determination may lead to disciplinary actions within the ADF, further compounding any legal penalties incurred.

Legal classification tags

Area of Law
Defence Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Human Rights Law

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.