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Section notes

What are section notes?

  1. Chapters 1 to 17 are amended frequently. The section numbers can remain the same, but what is in the sections can change with time.

  2. Section notes allow users to find out when and why a section or Annex was changed. They keep track of all these changes by directing users to the amending determinations on the website. The amending determinations provide the following information.

    1. The date of effect of the changes.

    2. What the changes are.

    3. The explanatory statement, which explains why the change occurred and what its effect was.

    4. The statement of compatibility with human rights, which explains what human rights are affected by the changes.

  3. The examples in this Part are made up to show the use of section notes. They are not real examples.

  4. Example 1:
    Section 12.1.3   am: 2016/31. rs: 2016/34.
    This means that section 12.1.3 was amended (ie. changed) by amending determination 2016/31 (the 31st determination made in 2016), and later the whole section was repealed and substituted by amending determination 2016/34.

    Example 2:
    Annex 4.1.A    rs: 2016/25 and 32.
    This means that the whole of Annex 4.1.A was repealed and substituted by amending determination 2016/31 (the 31st determination made in 2016), and again by amending determination 2016/34.

  5. The following abbreviations are used in the section notes.

  6. Terms
    Item Abbreviation The term... means...
    1. ad added or inserted the first time the section has been included in the Principal Determination.
    2. am amended the section has been changed in part.
    3. rs repealed and substituted the section has been totally replaced.
    4. rep repealed the section has been removed from the Principal Determination.
  7. If a section is not listed in the section notes, it means that there has been no change made to the section since the Principal Determination commenced.

Where to find section notes

  1. Section notes for Defence Determination 2016/19, Conditions of service, are at Annex A.

  2. Section notes for DFRT determinations can be found at the end of the text of each DFRT determination in Chapters 3 and 4.

  3. Section notes for the Enterprise Agreement determination changes are at Annex B. These section notes only reflect changes to APS specific sections for overseas conditions of service.

How to find out when and why a condition of service changed

This table sets out an example of how a user can find out when and why a condition of service changed. The example used is ADF rent ceilings revision. It is a hypothetical example.

Example
Step Action Result
1. Find the Annex that shows rent ceilings. This is Annex 7.E in Chapter 7.
2. Find out what determination this Annex is part of. This Annex has not determination number marked, so it is from Defence Determination 2016/19, Conditions of service.
Note: Sometimes the heading to the Annex, or the start of the Chapter or Part, will give the determination number. Where there is no number listed, this means that the determination is Defence Determination 2016/19, Conditions of service. Some Annexes from DFRT determinations in Chapters 3 and 4 are marked with the DFRT determination number.
3. Find the section notes for Defence Determination 2016/19. They are in Annex A.
Note: Section notes for DFRT determinations are in Chapters 3 and 4 after each of the relevant determination.
4. Find the section note for Annex 7.E. The note is:
Annex 7.E   am: 2016/30. rs: 2016/43.
Note: If there is no note for the section, it has never been varied.
5. Find the reference to the latest amending determination that completely revised the Annex. The reference is 2016/43 which substituted a new Annex 7.E for the old version of the Annex.
6. In this website, select Resources, then Determinations and then Amending s58B Determinations under the Defence Act 1903. Note: Resources is in the left hand navigation
7. Click on 2016 and then open 2016/43. Details are given of when the latest changes to ADF rent ceilings took effect, and the basis on which the changes were made.

Changes to APS conditions of employment

  1. Amendment notes for APS conditions of employment made under the Defence Collective Agreement 2017–2020 in the overseas conditions chapters are at Annex B.

  2. Annex B shows when sections relating to APS conditions of employment overseas were inserted, amended, substituted or omitted.

  3. These section notes only reflect changes to APS specific sections for overseas conditions of service. Any changes to the domestic conditions of service are not contained in these section notes.

  4. See: Annex B, Enterprise Agreement 2017-2020 Determination No. 2 of 2017 Section notes

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Further info

Contact

Directorate of Engagement, Priorities and Drafting

pacman@defence.gov.au