Paragraph 9.5.4.A(Member This Part Applies To)

Defence Determination 2007/54

I, STEVEN RICHARD GRZESKOWIAK, Director General Personnel Policy and Employment Conditions, Defence Personnel Executive, make this Determination under section 58B of the Defence Act 1903.
Dated22 August 2007
S R GRZESKOWIAK
Director General
Personnel Policy and Employment Conditions
Defence Personnel Executive

1 Citation

This Determination is Defence Determination 2007/54, Travel – amendment.

2 Commencement

1. / Clauses 4, 7 and 8 of this Determination commence on1 September 2007.
2. / Clauses 5 and 9 of this Determination commence on 16 September 2007.
3. / The remainder of this Determination commences on the date of signature.

3 Amendment

Defence Determination 2005/15, Conditions of Service, as amended,1 is amended as set out in this Determination.

4 Paragraph 9.5.4.a(Member this Part applies to)

substitute
a. / On Defence business for an overnight travel period.
Exception 1: A member on part-day travel can get limited benefits under this Part.
Exception 2: A member who travels for duty with the joint task force at the Asia Pacific Economic Community Forum 2007.
See:
Clause 9.5.10, Part-day travel period
Clause 9.5.28A, Incidentals during the Asia Pacific Economic Community Forum 2007
Clause 9.5.46A, Incidentals during the Asia Pacific Economic Community Forum 2007

5 Paragraph 9.5.4.a(Member this Part applies to)

substitute
a. / On Defence business for an overnight travel period.
Exception:A member on part-day travel can get limited benefits under this Part.
See: Clause 9.5.10, Part-day travel period

6 Clause 9.5.15 (Travel costs while living out on a journey)

substitute
1. / A member who lives out for up to 21 days during a travel period may use the travel card to pay for accommodation, meals and incidentals. This table sets out the limits on those benefits.
Note: For use of the travel card beyond 21 days, see clause 9.5.20.
Item / If the member's rank is… / then they are entitled to use the travel card to pay for… / up to a daily
maximum amount of the…
1. / Brigadier or higher / accommodation on each night in the travel period / rate in Annex 9.5.A Part 1, column 2 for the location.
meals for each meal period / sum of relevant rates from Annex9.5.A Part 1, columns 3, 4 and 5 for the location and meals.
incidentals for each day of the travel period / rate in Annex 9.5.A Part 1, column 6.
2. / Colonel or lower / accommodation on each night in the travel period / relevant amount in Annex 9.5.A Part 2, column 2 for the location.
meals for each meal period / sum of relevant rates from Annex9.5.A Part 2, columns 3, 4 and 5 for the location and meals.
incidentals for each day of the travel period / rate in Annex 9.5.A Part 2, column 6.
Example 1 – meals: If the member cannot use the card to pay for their meal directly, they are able to use the travel card to withdraw cash that does not exceed their maximum entitlement, from an automatic teller machine to pay for the meal.
Example 2 – meals: The member is entitled to use the travel card to withdraw an amount for more than one meal at once. This means they could withdraw money in the morning and then spend less on lunch than the amount listed as a maximum because they are staying near a cheap cafe. They might spend more on dinner because at that time they are working near a more expensive restaurant.
Example 3 – incidentals: The member may combine the daily maximum entitlement for incidentals for a week-long trip to purchase the bulk of their incidental requirements on one shopping trip.
2. / If a member chooses to receive an amount of separation allowance orfield allowance determined by the DFRT in the travel period they are not entitled to be paid travel costs for that travel period.

7 Clause 9.5.28 (Confirming actual travel costs)

insert at the end

9.5.28A

Incidentals during the Asia Pacific Economic Community Forum 2007

1. / This clause applies to a member who meets all these conditions.
a. / The member is assigned for duty with the joint task force in support of the Asia Pacific Economic Community Forum 2007.
b. / The member's normal place of duty is in the Sydney area.
See:For incidental costs for a member whose normal place of duty is elsewhere:
Clause 9.5.15, Travel costs while living out on a journey
Clause 9.5.18, Member living in
2. / A member is entitled to use the travel card for incidentalscosts, up to the limits in the following table.
Item / For duty with the joint task force... / a member is entitled to...
1. / in the first 21 days / $15.45 a day.
2. / after the first 21 days / $54.10 a week.
Parts of a week are worked out on a pro rata basis.

8

Clause 9.5.46 (Confirming actual travel costs)

insert at the end

9.5.46A

Incidentals during the Asia Pacific Economic Community Forum 2007

1. / This clause applies to a member who meets all these conditions.
a. / The member is assigned for duty with the joint task force in support of the Asia Pacific Economic Community Forum 2007.
b. / The member's normal place of duty is in the Sydney area.
See:For incidental costs for a member whose normal place of duty is elsewhere see:
Clause 9.5.33, Travel costs while living out on a journey
Clause 9.5.37, Member living in
2. / A member is entitled to an incidental allowance, up to the limits in the following table.
Item / For duty with the joint task force... / a member is entitled to...
1. / in the first 21 days / $15.45 a day.
2. / after the first 21 days / $54.10 a week.
Parts of a week are worked out on a pro rata basis.

Repeal

The following clauses of Defence Determination 2005/15, Conditions of Service, as amended,are omitted on 16 September 2007.
a. / Clause 9.5.28A (Incidentals during the Asia Pacific Economic Community Forum 2007)
b. / Clause 9.5.46A (Incidentals during the Asia Pacific Economic Community Forum 2007)

______

NOTE
1. / Defence Determination 2005/15 commenced on 31 May 2005. For previous amendments see Note to Defence Determination 2007/1 and see also Defence Determinations 2007/2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52 and 53.

EXPLANATORY STATEMENT

Defence Determination 2007/54

This Determination amends Defence Determination 2005/15, Conditions of Service (the Principal Determination), made under section 58B of the Defence Act 1903 (the Act). Chapter9 of the Principal Determination sets out provisions dealing with travel entitlements for members of the Australian Defence Force (ADF).

The purpose of this Determination is to make adjustments to travel entitlements to include provisions for members who are assigned for duty with the joint task force for the Asia Pacific Economic Community Forum 2007.

Clause 1 of this Determination sets out the manner in which this Determination may be cited.

Clause 2of this Determination providesthat clauses 4, 7 and 8 of the Determination commence on 1September 2007, the day the joint task force for the Asia Pacific Economic Community Forumcommences operations. Clauses 5 and 9 of the Determination commenceon 16 September 2007, the day the Asia Pacific Economic Community Forum travel conditions are omitted.The remainder of the Determination commences on the date of signature.

Clause 3 specifies that the amendment is made to the Principal Determination, as amended.

Clause 4 of this Determination varies paragraph 9.5.4.a of the Principal Determination. The amendment provides that Chapter 9 Part 5 of the Principal Determination may apply to a member who is not absent on an overnight travel period, if that member is required to travel for duty related to the Asia Pacific Economic Community Forum.

Clause 5 of this Determination remakes paragraph 9.5.4.a of the Principal Determination in a form that does not refer to the Asia Pacific Economic Community Forum.

Clause 6 of this Determination substitutes clause 9.5.15 of the Principal Determination. This substitution includes a new subclause 9.5.15.2 to ensure that members who choose to receive an amount of separation allowance (Defence Force Remuneration Tribunal Determination (DFRT) No. 21 of 2006, Separation allowance) or field allowance (DFRT Determination No. 14 of 1995, Field allowance) for the travel period are not to be paid travel costs for the same travel period.

Clause 7 inserts a new clause 9.5.28A into the Principal Determination. The new clause allows members who live in the Sydney area, and who are working with the joint task force in support of the Asia Pacific Economic Community Forum, to use the Defence Travel card to claim incidental costs. This condition will only be available until 16 September 2007.

Clause 8 inserts a new clause 9.5.46A into the Principal Determination. The new clause allows members who live in the Sydney area, and who are working with the joint task force in support of the Asia Pacific Economic Community Forum, to be paid an allowance to cover incidental costs. This condition will only be available until 16 September 2007.

Clause 9omits clause 9.5.28A and clause 9.5.46A of the Principal Determination as of 16 September 2007. These were inserted by clauses7 and 8of this Determination. Special employment conditions for the Asia Pacific Economic Community Forum are not needed beyond 16 September 2007. Clause 5of this Determinationremakes paragraph 9.5.4.aof the Principal Determination in a form that does not refer to the Asia Pacific Economic Community Forum,it commences on 16 September 2007.

Authority: Section 58B of the
Defence Act 1903