This instrument is the Defence (Payments to ADF Cadets) Determination 2022.

This instrument commences on the day after registration.

This instrument is made under subsection 62B(1) of the Defence Act 1903.

Note: The expression ADF Cadets is used in this instrument and is defined in the Act.

In this instrument:

Act means the Defence Act 1903.

authorised person has the meaning given by section 10.

daily amount means an amount payable in respect of participation in an activity of the ADF Cadets for all or part of a day.

5 Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

6 Eligibility for payments

Application required

(1) An officer or instructor in the ADF Cadets may apply, in writing, for the payment of:

(a) a daily amount; or

(b) an expense that has been, or will be, incurred;

in respect of participation in activities of the ADF Cadets.

(2) However, an officer or instructor in the ADF Cadets may not apply for an allowance for more than 48 days of participation in activities of the ADF Cadets in a financial year.

(3) Despite subsection (2), an officer or instructor in the ADF Cadets may apply for an allowance for more than 48 days of participation in activities of the ADF Cadets in a financial year if approved, in writing, by an authorised person.

Timing of application

(4) An application must be made on or before the end of the calendar month that follows the calendar month in which the officer or instructor:

(a) participated in the activities of the ADF Cadets; or

(b) incurred the expense relating to participating in the activities of the ADF Cadets.

(5) Despite subsection (4), an application may be made after the end of the relevant calendar month if approved, in writing, by an authorised person.

7 Amount of payments

Daily amounts

(1) The amount payable for attendance on a day is the amount approved by the Chief of Joint Capabilities, by notifiable instrument, for an officer or instructor at the same tier as the applicant.

Other amounts

(2) If an expense has been, or will be, incurred in respect of participation in activities of the ADF Cadets, the amount payable is no more than the amount approved by the Chief of Joint Capabilities, by notifiable instrument, for an expense of that kind.

Note: See also section 8.

8 Recovery of amounts paid

If an amount is paid because an expense will be incurred in respect of participation in activities of the ADF Cadets and the expense is not, in fact, incurred, then the amount:

(a) is a debt due by the person to the Commonwealth; and

(b) may be recovered by action in a court of competent jurisdiction.

9 Other benefits

(1) A person is eligible for a payment, relating to:

(a) an ADF cadet;

(b) an officer or instructor in the ADF Cadets; or

if the decision maker is satisfied there are exceptional circumstances in connection with participation in the activities of the ADF Cadets.

Note: These expenses would not be covered by subsection 7(2).

(2) The payment is an amount set by the decision maker.

(3) The decision maker is any of the following:

(a) Chief of the Defence Force

(b) Chief of Joint Capabilities

(d) Director-General Australian Navy Cadets

(e) Commander Australian Army Cadets

(f) Director-General Cadets – Air Force.

10 Authorised persons

A person is an authorised person for the purposes of this instrument, if the Chief of Joint Capabilities authorises the person, in writing, to do one or more of the following:

(a) to approve applications for an allowance for more than 48 days of participation in activities of the ADF Cadets in a financial year for the purposes of subsection 6(3);

(b) to approve late applications for the purposes of subsection 6(5).

Schedule 1—Repeals

Defence (Payments to ADF Cadets) Determination 2019

1 The whole of the instrument

Repeal the instrument