Defence Determination (Individual Benefits) Repeal Determination (No. 1) 2026

Administered by Department of Defence

Legislation au F2026L00035 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Defence Determination (Individual Benefits) Repeal Determination (No. 1) 2026

This Determination repeals various determinations 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The determinations being repealed provided specified members with benefits specific to their circumstances as a part of the member’s conditions of service. The benefits provided were in addition, or supplementary, to benefits the member was eligible for under Defence Determination 2016/19, Conditions of service, as amended from time to time.

The determinations are being repealed as they no longer contain operative rules. The repeal of these determinations does not adversely affect a member who received a benefit under the respective determination.

Purpose

The purpose of this Determination is to repeal the following determinations:

  • Defence (Individual benefits) Determination 2021 (No. 3).
  • Defence (Individual Benefits) Determination 2021 (No. 5).
  • Defence (Individual Benefits) Determination 2021 (No. 6).
  • Defence (Individual Benefits) Determination 2021 (No. 8).
  • Defence (Individual Benefits) Determination 2022 (No. 3).
  • Defence (Individual Benefits) Determination 2022 (No. 7).
  • Defence (Individual Benefits) Determination 2023 (No. 5).
  • Defence (Individual benefits) Determination 2024 (No. 1).
  • Defence Determination, Conditions of service (Individual benefits) Determination (No. 12) 2025.

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

Discretionary decisions are not made under this Determination. The decision to repeal a determination by this determination may be subject to inquiry under the ADF redress of grievance system provided under Part 7 of the Defence Regulation. An affected person may also make a complaint to the Defence Force Ombudsman.

 

 

 

 

Consultation

The rule maker was satisfied that consultation was not required outside of the People Policy and Employment Conditions Branch, however consultation was undertaken within the Branch to ensure the determinations were no longer required.

Approved by:

COL Emmet O’Mahoney

Acting Director General

People Policy and Employment Conditions

 

Authority:

Section 58B of the
Defence Act 1903

 


Annex A

Defence Determination (Individual Benefits) Repeal 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 that 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—Repeals

Items 1 to 9 repeal the following determinations.

  • Defence (Individual benefits) Determination 2021 (No. 3).
  • Defence (Individual Benefits) Determination 2021 (No. 5).
  • Defence (Individual Benefits) Determination 2021 (No. 6).
  • Defence (Individual Benefits) Determination 2021 (No. 8).
  • Defence (Individual Benefits) Determination 2022 (No. 3).
  • Defence (Individual Benefits) Determination 2022 (No. 7).
  • Defence (Individual Benefits) Determination 2023 (No. 5).
  • Defence (Individual benefits) Determination 2024 (No. 1).
  • Defence Determination, Conditions of service (Individual benefits) Determination (No. 12) 2025.

 

Annex B

Defence Determination (Individual Benefits) Repeal 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 repeal specific determinations that provided benefits to specified individuals in addition, or supplementary to conditions of service provide in Defence Determination 2016/19, Conditions of service, as in force from time to time.

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 does no engage with human rights as it repeals specified determinations that no longer contain operative rules. The repeal of Determination does not adversely affect any individual that received a benefit under the respective determinations.

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 (Individual Benefits) Repeal Determination (No. 1) 2026 was enacted by the Australian Government to address the redundancy of certain outdated benefits provided to members of the Australian Defence Force (ADF). This repeal was authorised under section 58B of the Defence Act 1903 and is subject to the provisions of the Acts Interpretation Act 1901. The repeal aims to streamline the legislative framework governing individual benefits within the ADF, ensuring that the legislation remains relevant and effective. The policy objective of the repeal is to maintain a contemporary and efficient benefits system that aligns with the current operational needs of the ADF, while ensuring that no member who previously received benefits under the repealed determinations is adversely affected.

Scope and Application

The Defence Determination (Individual Benefits) Repeal Determination (No. 1) 2026 serves to repeal several specific Defence determinations that previously provided individual benefits to certain members of the Defence Force, supplementing their conditions of service under Defence Determination 2016/19. These repealed determinations, which include Defence (Individual benefits) Determination 2021 (No. 3) through to Defence Determination, Conditions of service (Individual benefits) Determination (No. 12) 2025, are being removed because they no longer contain operative rules. Importantly, this repeal does not negatively impact any member who received a benefit under these determinations. The repeal operates under the authority of section 58B of the Defence Act 1903 and is subject to the legislative interpretation principles found in the Acts Interpretation Act 1901. The repeal is a Commonwealth instrument, thus it applies across the entire nation. While the repeal does not extend or restrict application through subordinate instruments, it is subject to the scrutiny and redress mechanisms within the Australian Defence Force. The repealed determinations are solely within the scope of the Defence Act 1903 and the Acts Interpretation Act 1901, with no specified exclusions or exemptions.

Key Provisions

The Defence Determination (Individual Benefits) Repeal Determination (No. 1) 2026, operates under section 58B of the Defence Act 1903, and repeals various earlier determinations which previously provided specified members with benefits specific to their circumstances as part of their conditions of service (section 4). The repealed determinations included Defence (Individual Benefits) Determination 2021 (No. 3), Defence (Individual Benefits) Determination 2021 (No. 5), Defence (Individual Benefits) Determination 2021 (No. 6), Defence (Individual Benefits) Determination 2021 (No. 8), Defence (Individual Benefits) Determination 2022 (No. 3), Defence (Individual Benefits) Determination 2022 (No. 7), Defence (Individual Benefits) Determination 2023 (No. 5), Defence (Individual Benefits) Determination 2024 (No. 1) and Defence Determination, Conditions of service (Individual Benefits) Determination (No. 12) 2025. The repeal of these determinations is justified as they no longer contain operative rules and does not adversely affect a member who received a benefit under the respective determination. The repeal takes effect from the day after the instrument is registered (section 2). The Defence Determination imposes specific obligations on the entities it governs, primarily through the repeal of the listed determinations. The primary obligation is the cessation of the benefits specified in the repealed determinations. This means that no new benefits under these repealed determinations can be granted or continued. The repeal does not affect any benefits already granted under these determinations before their repeal. There are no direct offences, penalties, or civil or criminal consequences specified for breaching this Determination. The repeal of the determinations does not provide for new benefits, and the repeal itself is not an act that can be breached. However, any continued attempt to enforce the repealed determinations could be considered an administrative error, subject to internal Defence grievance redress procedures and review by the Defence Force Ombudsman. The repealed determinations themselves would have specified their own compliance and enforcement mechanisms, which are now nullified by the repeal.

Legal classification tags

Area of Law
Defence Law
Instrument
Regulation
Concepts
Repeal & Amendment
Transitional Provisions
Human Rights Compatibility

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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.