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TAX ALERT: PACMATE Annex 3.A, item 93. |
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1. |
This
Determination commences on date of signature. Note: This Determination
was signed on 28 June 2007. |
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2.1 |
Any
amount payable to the member under Division 1 of Part 1 of Chapter 6, Defence
Determination 2005/15, Conditions of Service, made under section 58B of the
Act, ceases to be payable to the member from the date this Determination
commences. |
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2.2 |
This
Determination does not displace any other benefit payable to the member in
accordance with Defence Determination 2005/15, Conditions of Service, made
under section 58B of the Act. |
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3. |
The purpose of separation allowance is
to compensate members for the time they spend away from their dependants for
Service reasons in recognition of the effects of separation from home and the
additional costs that could be incurred due to that separation. |
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4. |
Each
term listed in this table has the meaning listed for it in the table. |
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Term |
Definition |
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ADF |
Means the Australian Defence Force. |
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CDF |
Means the Chief of the Defence Force and includes a person authorised to act for and on behalf of CDF. |
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Continuous full-time service |
Has the meaning given in Division 1 of Part 3 of Chapter 1 of Defence Determination 2005/15, as in force on 28 June 2007. See: Chapter 1 Part 3 Division
1 clause 1.3.15 |
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Defence Determination 2005/15 |
Means Defence Determination 2005/15, Conditions of Service, made under section 58B of the Defence Act 1903, as amended from to time. |
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Member with dependants |
Has the meaning given in Division 2 of Part 3 of Chapter 1 of Defence Determination 2005/15, as in force on 28 June 2007. See: Chapter 1 Part 3 Division 2 clause 1.3.80 |
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Member with dependants (unaccompanied) |
Has the meaning given in Division 2 of Part 3 of Chapter 1 of Defence Determination 2005/15, as in force on 28 June 2007. |
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Seagoing allowance |
Means an allowance paid under Determination No. 1 of 1996, Seagoing Allowance. See: Chapter 4 Part 3 Division
11 |
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Special Forces Disability Allowance |
Means an
allowance paid under Determination No. 5 of 2008, Special Forces Disability
Allowance. See: Chapter 4 Part 3 Division
12 |
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Allowance for specialist operations |
Means an
allowance paid under Determination No. 4 of 2008, Allowance for Specialist
Operations. See: Chapter 4 Part 3 Division
13 |
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Submarine service allowance |
Means an allowance paid under Determination No. 14 of 2008, Submarine Service Allowance. See: Chapter 4 Part 3 Division
15 |
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TAG East |
means the Tactical Assault Group (counter-terrorist company) of 4th Battalion, Royal Australian Regiment. |
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5.1 |
A
member is eligible for payment of separation allowance at the rate that corresponds
to his/her circumstances under the following table. |
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Item |
A member who is... |
and is... |
is to be paid... |
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1. |
a member with dependants
posted to a location where he/she maintains a home for dependants Note:
This includes a member categorised as a short-term member with dependants
(unaccompanied) under subclause 1.3.81.5 or subclause 1.3.81.7 of Defence
Determination 2005/15. See: Chapter 1 Part 3 Division
2 |
paid any of the following
allowances for disability: a. Seagoing allowance; or b. Submarine
service allowance; or c. an amount in column 4 of item 1, 2, 3, 4, 5, 7, 9 or 10 of Schedule 1 of Special Forces Disability Allowance |
an annual rate of $745 |
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2. |
a member with dependants (unaccompanied) posted to a location away from where his/her dependants live |
away from his/her dependants for a continuous period of 14 days, including any period for which travel costs were paid by the Commonwealth
Note: This may include a member paid an allowance described in item 1. |
a daily rate of $7.38 starting on the fifteenth day of separation. |
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3. |
a member with dependants with a normal place of duty in the location where he/she maintains a home for dependants |
on Reserve service and on duty away from his/her dependants for a continuous period of 14 days, including any period for which travel costs were paid by the Commonwealth
Note: This may include a member paid an allowance described in item 1. |
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5.2 |
The
daily rate of allowance is not paid to a member during a visit to the home
his/her dependants live in, for any period of the visit that is: |
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(a) |
if the Commonwealth has provided assistance with
travel costs – more than two days. |
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(b) |
if the Commonwealth has not provided assistance
with travel costs – more than five days. |
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5.3 |
The
daily rate of allowance is not payable to a member during any period when: |
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(a) |
any
of the following are payable to the member: |
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(i) |
travel
costs; |
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(ii) |
overseas
living allowance; |
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(iii) |
legal
officers sessional fee; or |
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(b) |
the member is staying in hospital in the location
where his/her dependants live. |
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5.4 |
A
member who is not paid the daily rate of separation allowance for a period
under subclause 5.3 may continue to receive the allowance when the separation
resumes, without the need to serve another 14 day qualifying period. |
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5.5 |
Separation
allowance continues to be payable to a member during the period when his/her
dependant uses Commonwealth travel assistance to visit the member. |
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6. |
This
allowance does not apply to a member for any period in which the member: |
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(a) |
is
paid salary under a determination made by the Remuneration Tribunal under the
Remuneration Tribunal Act 1973; or |
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(b) |
is
at the substantive rank of Lieutenant-General or General , or an equivalent
rank; or |
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(c) |
is
not entitled to salary. |
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Clause |
Amendments |
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3. |
Substituted by: DFRT No. 6 of 2008. |
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4. |
Amended by: DFRT Nos. 6 and 17 of 2008. |
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5. |
Amended by: DFRT No. 5 of 2007; Nos. 6, 10, 17 and 29 of 2008. |
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6. |
Substituted by: DFRT No. 6 of 2008. |
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1. |
DFRT Determination 21 of 2006 has been amended by DFRT Determinations No. 5 of 2007; Nos. 6, 10, 17 and 29 of 2008. |