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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. |
This
table defines terms used in this Determination. |
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Term |
Definition |
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ADF |
Australian Defence Force. |
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CDF |
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 amended from time to time. See: Chapter 1 Part 3 Division
1 clause 1.3.15 |
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Defence Determination 2005/15 |
Defence Determination 2005/15, Conditions of Service, made under section 58B of the Defence Act 1903, as amended from time to time. |
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Member with dependants (MWD) |
Has the meaning given in Division 2 of Part 3 of Chapter 1 of Defence Determination 2005/15, as amended from time to time. See: Chapter 1 Part 3 Division 2 clause 1.3.80 |
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Member with dependants – unaccompanied (MWD(U)) |
Has the meaning given in the following references to Defence Determination 2005/15, as amended from time to time: (a) Division 2 of Part 3 of Chapter 1; and (b) Division 1 of Part 3A of Chapter 8. |
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Seagoing allowance |
An allowance paid under Determination No. 1 of 1996, Seagoing Allowance, as amended. See: Chapter 4 Part 3 Division
11 |
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Special Forces Disability Allowance |
An
allowance paid under Determination No. 5 of 2008, Special Forces Disability
Allowance, as amended. See: Chapter 4 Part 3 Division
12 |
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Allowance for specialist operations |
An
allowance paid under Determination No. 4 of 2008, Allowance for Specialist
Operations, as amended. See: Chapter 4 Part 3 Division
13 |
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Submarine service allowance |
An allowance paid under Determination No. 14 of 2008, Submarine Service Allowance, as amended. See: Chapter 4 Part 3 Division
15 |
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Home |
The place of residence where the member’s dependents normally live. |
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Activity |
A discrete task or duty approved by CDF for the purpose of this allowance. |
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TAG East |
Tactical Assault Group (counter-terrorist company) of 4th Battalion, Royal Australian Regiment. |
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5. |
A
member is eligible for a rate of separation allowance if they are: |
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(a) |
required
to perform an activity away from their normal place of duty; or |
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(b) |
being paid a specified disability allowance
contained in paragraph 6(b). |
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6. |
The
member is eligible to receive the annual rate of separation allowance of $824.00
if the member is: |
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(a) |
a
member with dependants; and |
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(b) |
eligible
for any of the following disability allowances: |
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i. |
Seagoing
Allowance; or |
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ii. |
Submarine
Service Allowance; or |
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iii. |
an
amount in column 4 of item 1, 2, 3, 4, 5, 7, 9, 10, 11 or 12 of Schedule 1 of
Special Forces Disability Allowance. |
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7.1 |
A
member must perform a qualifying period of 14 continuous calendar days of
separation from the member’s dependants to be eligible for the daily rate of
separation allowance. |
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Note: Any period for which the
member undertakes travel at Commonwealth expense counts toward the qualifying
period. |
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7.2 |
If
the member meets the circumstances set out in an item in the table below, the
member is eligible for payment of the daily rate of separation allowance starting
on the fifteenth day of the separation. |
Item |
A member
who has met the eligibility and qualifying period requirements and is... |
and... |
is to be paid... |
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1. |
categorised as MWD |
is not eligible for
any of the disability allowances specified at paragraph 6(b) |
the daily rate of $8.16. |
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2. |
categorised as
MWD(U) |
regardless of whether the member is eligible for an allowance in
paragraph 6(b) |
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3. |
a member of
the Reserves not on continuous full-time service, who maintains a home for
their dependants in the same location as their normal place of duty |
required
to perform duty away from their normal place of duty |
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Note: A member's eligibility
is not affected when the member's partner is also eligible for the allowance. |
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8.1 |
For
the purposes of working out the period when eligibility for the daily rate of
the allowance is suspended, a day means a period of 24 hours that: |
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(a) |
starts
from the time of the member arrives at the home; and |
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(b) |
concludes at the time the member departs the
home. |
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8.2 |
A
part day at the end of a travel period described in this clause is taken to
be a full day. |
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8.3 |
Eligibility
for the daily rate of separation allowance is suspended in any period of
reunion travel that the member is reunited with their dependants at home,
that is greater than: |
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(a) |
two
days, if reunion travel costs have been provided at Commonwealth expense; or |
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(b) |
five days, if reunion travel costs have not been
provided at Commonwealth expense. |
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Note: For periods where the member
returns to the home for less than two days in the case of 8.3(a), or five
days in the case of 8.3(b), the daily rate of the allowance continues to be
paid without interruption. |
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8.4 |
Separation
allowance is not suspended under this clause in any period when a member’s
dependant uses Commonwealth travel assistance to visit the member. |
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8.5 |
Eligibility
for the daily rate of separation allowance is suspended in any period for which
any of the following amounts is payable to the member: |
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(a) |
the
incidental component of travel costs; |
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(b) |
part-day
travel allowance; |
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(c) |
overseas
living allowance; or |
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(d) |
legal officers sessional fee. |
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8.6 |
A
member is not required to complete a new qualifying period following a period
of suspension, if the initial eligibility activity under paragraph 5(a) and
circumstances under subclause 7.2 continue to apply to the member. |
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9. |
The
daily rate of allowance is not payable for any period for which the member’s
eligibility for the allowance has been suspended. |
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10.1 |
Eligibility
for separation allowance ends when: |
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(a) |
the
member is reunited with their dependants at home; and |
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(b) |
the member ceases to perform the activity for
which separation allowance was being paid ceases or is no longer applicable. |
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10.2 |
The
member must perform another qualifying period under clause 7 for any separate
period of activity that requires the member to be away from their home. |
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11. |
This
allowance does not apply to a member for any period in which the member is: |
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(a) |
paid
salary under a determination made by the Remuneration Tribunal under the Remuneration Tribunal Act 1973; |
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(b) |
at
the substantive rank of Lieutenant-General or General , or an equivalent
rank; |
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(c) |
staying
in hospital in the location where his/her dependants live, or |
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(d) |
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; No. 9 of 2010. Substituted by: DFRT No. 10 of 2010. |
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5. |
Amended by: DFRT No. 5 of 2007; Nos. 6, 10, 17 and 29 of 2008; No. 11 of 2009; Nos. 6 and 9 of 2010. Substituted by: DFRT No. 10 of 2010. |
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6. |
Substituted by: DFRT No. 6 of 2008; No. 10 of 2010. Amended by: DFRT No. 8 of 2011. |
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7. |
Inserted by: DFRT No. 10 of 2010. Amended by: DFRT No. 8 of 2011. |
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8. |
Inserted by: DFRT No. 10 of 2010. |
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9. |
Inserted by: DFRT No. 10 of 2010. |
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10. |
Inserted by: DFRT No. 10 of 2010. |
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11. |
Inserted by: DFRT No. 10 of 2010. |
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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; No. 11 of 2009; Nos. 6, 9 and 10 of 2010; No. 8 of 2011. |