{"id":"F2019L01606","name":"Defence Determination, Conditions of service Amendment (Executive vehicle allowance) Determination 2019 (No. 35)","slug":"defence-determination-conditions-of-service-amendment-executive-vehicle-allowance-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440330,"registerId":"F2019L01606-fast-fetch-1775956003156","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Defence Determination, Conditions of service Amendment (Executive vehicle allowance) Determination 2019 (No. 35)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n\n\nDefence Determination, Conditions of service Amendment (Executive vehicle allowance) Determination 2019 (No. 35)\n\nI, MICHAEL IAN McCULLOCH, Acting Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.\n\nDated 11 December 2019\n\nMichael McCulloch\n\nActing Assistant Secretary People Policy and Employment Conditions Defence People Group\n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Schedules\n\nSchedule 1—Executive vehicle allowance\n\nDefence Determination 2016/19, Conditions of service\n\nSchedule 2— Transitional provision\n\n \n\n \n\n1 Name\n\n This instrument is Defence Determination, Conditions of service Amendment (Executive vehicle allowance) Determination 2019 (No. 35).\n\n2 Commencement\n\n This instrument commences on 12 December 2019.\n\n3 Authority\n\n This instrument is made under section 58B of the Defence Act 1903.\n\n4 Schedules\n\n Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n \n\n \n\n \n\nSchedule 1—Executive vehicle allowance\n\nDefence Determination 2016/19, Conditions of service\n\n| 1 | Section 4.6.2. (Member this Part applies to) |\n| --- | --- |\n| | Omit section, substitute: |\n\n\n##### 4.6.2 Member this Part applies to\n\n- 1. This Part applies to a member who holds a star rank.\n- 2. In addition to subsection 1, the following apply.\n- a. Sections 4.6.4 to 4.6.6 inclusive apply to a member of the Reserves who holds a star rank.\n- b. Section 4.6.6 applies to a member who does not hold a star rank and is directed to perform the duties of a star rank.\n- 2 Section 4.6.3 (Definitions)\n- Omit the table, substitute:\n\n\n \n\n| Term | Definition |\n| --- | --- |\n| Star rank | A rank listed in table items 1 to 5 in section 1 of Schedule 1 to the Act. |\n\n\n \n\n| 3 | Section 4.6.6. (Executive vehicle allowance) |\n| --- | --- |\n| | Omit section, substitute: |\n\n\n##### 4.6.6 Executive vehicle allowance\n\n- 1. This section does not apply to a member holding the rank of Lieutenant General or higher.\n- 2. The member is eligible for executive vehicle allowance if any of the following apply.\n- a. They hold a star rank, other than under paragraph 13(1)(b) of the Defence Regulation.\n- b. They have been directed do either of the following for a continuous period of three months or more.\n- i. Act at a star rank under paragraph 13(1)(b) of the Defence Regulation.\n- ii. Perform duties of a higher rank that is a star rank.\n- 3. Subject to subsection 4, the rate of executive vehicle allowance for a member who performs the type of service in column A and holds the rank in column B is the rate in column C of the following table.\n- Note: A member who is directed to act at a higher rank (including a star rank) under paragraph 13(1)(b) of the Defence Regulation is considered to be holding the higher rank.\n\n\n \n\n \n\n- Item Column AService type Column BRank Column CRate\n- 1. The member is performing continuous full-time service. Brigadier $25,208 a year.\n- Major General $26,928 a year.\n- 2. The member is performing Reserve service Brigadier $69.06 a day.\n- Major General $73.78 a day.\n\n\n \n\n| | Note 1: The method used to calculate the amount of allowance is provided under: 1. Subsection 3.2.7, for members on continuous full-time service. 2. Subsection 3.2.7A, for members on a flexible service determination.
Note 2: The allowance is paid fortnightly in addition to salary.
Note 3: Calculation of the payment is based on a 14 day fortnight.
Note 4: The allowance does not count as salary for superannuation purposes. |\n| --- | --- |\n| 4. | For the purpose of column B in subsection 3, a member holding the rank in column A who is directed to perform the duties of the rank in column B is taken to hold the rank in column C of the following table. |\n\n\n \n\n| Item | Column A | Column B | Column C |\n| --- | --- | --- | --- |\n| 1. | Colonel or lower | Brigadier | Brigadier |\n| 2. | Brigadier or Major General | Major General or higher | Major General |\n\n\n \n\nSchedule 2— Transitional provision\n\n \n\n- 1 Executive vehicle allowance transition\n- 1. This section applies to a member who meets both the following.\n- a. The member would have been eligible to receive executive vehicle allowance under section 1 of this Determination had it been in force on 17 December 2018.\n- b. The member has not received executive vehicle allowance under the Principal Determination between 17 December 2018 and the commencement of this Determination.\n- 2. A member is eligible to receive an amount that is the equivalent to the amount of executive vehicle allowance that the member would have received for the period that they would have been eligible had this Determination commenced on 17 December 2018.\n\n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Scope is changed from prior arrangements by clarifying and widening eligibility rules and payment mechanics: it explicitly defines 'star rank' (s 4.6.3), extends application to Reserve members (s 4.6.2(2)(a)) and to members acting at a star rank after three months (s 4.6.6(2)(b)), sets specific rates for Brigadier and Major General for full‑time and Reserve service (s 4.6.6(3) table), excludes Lieutenant General and above (s 4.6.6(1)), and adds a transitional clause for retrospective payments from 17 December 2018 (Schedule 2)."},"complexity_factors":["Conditional eligibility rules for substantive and acting appointments, including a three-month continuous service trigger (s 4.6.2; s 4.6.6(2)(b))","Different payment rates by rank and service type: annual rates for continuous full‑time service and daily rates for Reserve service (s 4.6.6(3) table)","Explicit exclusion of members holding the rank of Lieutenant General or higher (s 4.6.6(1))","Cross-references to external instruments and provisions (Defence Regulation paragraph 13(1)(b); calculation methods in subsections 3.2.7 and 3.2.7A noted in s 4.6.6 notes)","Definition insertion for 'star rank' linking to Schedule 1 of the Act (s 4.6.3 table)","Transitional, retrospective payment provision covering the period from 17 December 2018 (Schedule 2)","Payment treatment and administrative details affect payroll and benefits processing: fortnightly payment, 14‑day fortnight basis, and exclusion from superannuation (s 4.6.6 notes)","Legal authorisation and administrative decision-making delegated under s 58B of the Defence Act (clause 3)"],"plain_english_summary":"This Determination amends Defence conditions of service to set who qualifies for an executive vehicle allowance, the rates payable for senior officers (star ranks), and payment mechanics. It excludes Lieutenant General and above, covers Reserve members and those acting at a star rank after three months, and requires Defence to pay the allowance fortnightly in addition to salary (see s 4.6.6 and Schedules 1–2; authority s 58B). A transitional clause allows retrospective payment from 17 December 2018 for those eligible but unpaid."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The Determination remains tightly focused on its original purpose: updating the Executive Vehicle Allowance provisions within the Defence Conditions of Service framework. It does not expand into new policy areas or substantive entitlements beyond clarifying eligibility criteria and adding a transitional back-payment mechanism."},"complexity_factors":["Short instrument (4 pages) with only 3 operative sections plus a transitional schedule","Minimal defined terms — only one new definition ('star rank') introduced","Simple conditional logic: eligibility turns on rank + service type + duration threshold (3 months)","Two straightforward substitution amendments (sections 4.6.2 and 4.6.6) and one table substitution","Single cross-reference to Defence Regulation paragraph 13(1)(b) regarding acting appointments","Transitional provision is a simple back-payment mechanism with two clear conditions","No nested exceptions or recursive definitions"],"plain_english_summary":"This Determination updates the Executive Vehicle Allowance rules, clarifying that brigadiers and major generals (including reservists and officers acting in those roles for 3+ months) are eligible and simplifying qualification around “star ranks.” It also sets published full‑time and reservist rates and introduces a back‑payment option for people eligible between Dec 2018 and Dec 2019.\n\nWhy it matters: it removes administrative uncertainty about which senior officers receive vehicle support and ensures missed transition payments can be claimed."}},"importantCases":[],"_links":{"self":"/api/acts/defence-determination-conditions-of-service-amendment-executive-vehicle-allowance-determination-2019","history":"/api/acts/defence-determination-conditions-of-service-amendment-executive-vehicle-allowance-determination-2019/history","analysis":"/api/acts/defence-determination-conditions-of-service-amendment-executive-vehicle-allowance-determination-2019/analysis","conflicts":"/api/acts/defence-determination-conditions-of-service-amendment-executive-vehicle-allowance-determination-2019/conflicts","importantCases":"/api/acts/defence-determination-conditions-of-service-amendment-executive-vehicle-allowance-determination-2019/important-cases","documents":"/api/acts/defence-determination-conditions-of-service-amendment-executive-vehicle-allowance-determination-2019/documents"}}