{"id":"F2019L00998","name":"Defence Determination, Conditions of Service Amendment (Special benefit payment) Determination 2019 (No. 11)","slug":"defence-determination-conditions-of-service-amendment-special-benefit-payment-determination-2019-no-","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":99603,"registerId":"commonwealth-F2019L00998-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is Defence Determination, Conditions of Service Amendment (Special benefit payment) Determination 2019 (No. 11).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n| 1. | Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. |\n| --- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Sections 1 to 4 of this instrument and anything in this instrument not elsewhere covered by this table.

The day after this instrument is registered.

2. Schedules 1 and 2 of this instrument.

A day to be fixed by Assistant Secretary People Policy and Employment Conditions by notifiable instrument.

If the provisions do not commence within the period of 12 months beginning on the day after this instrument is registered, the provisions are repealed on the day after the end of that period.

\n```\n\n| | Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument. |\n| --- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 2. | Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument. |","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under section 58B of the Defence Act 1903.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Schedules","content":"#### 4 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.","sortOrder":3}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"On its face this instrument does not expand the statutory scope beyond the instruments it amends. It limits operation to the instruments specified in the Schedules and sets only timing and authority for their commencement (see clause 4 and the commencement provisions in clause 2). Any substantive scope change would result from the content of those Schedules, which are external to the text provided here."},"complexity_factors":["Staged commencement regime: Sections 1–4 commence immediately after registration, while Schedules 1 and 2 commence on a day fixed later by the Assistant Secretary (see clause 2, commencement table).","Delegated discretion over commencement: Assistant Secretary may fix the start date by notifiable instrument, introducing administrative discretion (see clause 2).","Automatic repeal safeguard: Schedules 1 and 2 are repealed if not commenced within 12 months, creating a time-limited window for implementation (see clause 2).","Substantive content located in external Schedules: The instrument itself does not contain the detailed amendments — readers must consult the Schedules to see substantive changes, increasing interpretive work (see clause 4).","Legal authority and cross-reference: Operates under s58B of the Defence Act 1903, requiring readers to check that provision for limits on power (see clause 3).","Non-binding published notes: The commencement table notes that Column 3 information is not part of the instrument, which can cause uncertainty about published explanatory material versus operative text (see commencement table note)."],"plain_english_summary":"This instrument amends existing Defence Conditions of Service instruments relating to a “Special benefit payment” by altering or repealing the specific instruments listed in its Schedules. Sections 1–4 come into force the day after registration; Schedules 1 and 2 commence on a day fixed by the Assistant Secretary People Policy and Employment Conditions (by notifiable instrument) and are repealed if not commenced within 12 months. It is made under section 58B of the Defence Act 1903 and therefore affects persons covered by the amended Conditions of Service instruments."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This appears to be a targeted amendment to introduce a specific payment type. The scope remains consistent with the Defence Determination's purpose of setting conditions of service. No evidence of scope creep beyond the original intent of the parent instrument."},"complexity_factors":["Short amendment instrument (approximately 4 sections plus schedules not fully reproduced)","Standard commencement table structure with conditional commencement (delayed start for substantive provisions)","Contains a \"sunset clause\" — automatic repeal if provisions don't commence within 12 months","Relies on external reference to Defence Act 1903 section 58B for authority","Schedules contain the actual operative amendments (not fully shown in extract)","Minimal defined terms in the visible portion — complexity likely resides in the amended principal determination"],"plain_english_summary":"This instrument amends the Defence Determination to introduce or modify a one‑off \"special benefit payment\" for Australian Defence Force members (and potentially affected civilian staff), providing targeted financial recognition for exceptional service circumstances. It uses a commencement table: administrative sections commence immediately, while the payment rules in the Schedules only take effect if activated later by an Assistant Secretary — otherwise those provisions lapse automatically after 12 months."}},"importantCases":[],"_links":{"self":"/api/acts/defence-determination-conditions-of-service-amendment-special-benefit-payment-determination-2019-no-","history":"/api/acts/defence-determination-conditions-of-service-amendment-special-benefit-payment-determination-2019-no-/history","analysis":"/api/acts/defence-determination-conditions-of-service-amendment-special-benefit-payment-determination-2019-no-/analysis","conflicts":"/api/acts/defence-determination-conditions-of-service-amendment-special-benefit-payment-determination-2019-no-/conflicts","importantCases":"/api/acts/defence-determination-conditions-of-service-amendment-special-benefit-payment-determination-2019-no-/important-cases","documents":"/api/acts/defence-determination-conditions-of-service-amendment-special-benefit-payment-determination-2019-no-/documents"}}