This instrument is the Defence (Payments to ADF Cadets) Determination 2023.

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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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

(a) a daily amount; or

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

in respect of participation by the officer or instructor in activities of the ADF Cadets.

Timing of application

(2) An application made under subsection (1) must be made at or before the end of the calendar month (the relevant 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.

(3) Despite subsection (2), an authorised person may approve an officer or instructor in the ADF Cadets making an application under subsection (1) after the end of the relevant calendar month.

Other matters

(4) The Chief of Personnel may, by notifiable instrument, determine any other matters in connection with the eligibility of members of the ADF or ADF Cadets for payments.

7 Amount of payments

Daily amounts

(1) The amount payable under subsection 6(1) is the amount approved by notifiable instrument by the Chief of Personnel for that purpose, 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 Personnel, by notifiable instrument, for an expense of that kind.

Note: See also section 8.

8 Recovery of amounts paid

If an amount is paid under section 7 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 under subsection (1) is an amount set by the decision maker.