Defence Act 1903
58BMinister may make determinations
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58B Minister may make determinations
(1) The Minister may, by legislative instrument, make determinations, not inconsistent with this Act, providing for and in relation to:
(a) the remuneration of members; and
(b) the payment of allowances or other pecuniary benefits (except allowances or benefits by way of remuneration) to or for members, including the payment of additional compensation to members of the Reserves to whom compensation is payable under the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988; and
(c) the payment of allowances or other pecuniary benefits to or in respect of members of the families of members; and
(d) leave of absence and long service leave of members; and
(e) the provision of other benefits to or in respect of members, or to or in respect of members of the families of members; and
(f) the payment of allowances and expenses to or in respect of, and the provision of travelling facilities for, applicants for appointment or engagement as members in respect of attendance at an enlistment centre of the Defence Force or attendance for interview or examination; and
(g) deductions from the remuneration of a member or from allowances or other pecuniary benefits referred to in paragraphs (b) and (c); and
(ga) payments, by way of compensation, incentives or other benefits, to:
(i) members of the Reserves; or
(ii) their dependants; or
(iii) their employers, business or professional partners or other associates; or
(iv) other persons;
in relation to the availability of the members for defence service, or for losses incurred or inconvenience suffered because of the members’ absence on defence service (including losses incurred or inconvenience suffered because of the operation of the Defence Reserve Service (Protection) Act 2001); and
(h) the meanings to be attributed to words and expressions used in existing determinations and future determinations made under this section, and the circumstances in which those meanings are to apply.
(1AA) Expressions used in paragraph (1)(ga) that are defined in the Defence Reserve Service (Protection) Act 2001 have the same meaning as in that Act.
(1A) Paragraph 14(1)(a) of the Legislation Act 2003 applies in relation to a determination under this section as if the reference in that paragraph to legislative instruments covered by subsection 14(3) of that Act included a reference to:
(a) determinations under section 58H of this Act; and
(b) determinations under section 24 of the Public Service Act 1999.
Note: Section 14 of the Legislation Act 2003 allows legislative instruments to provide for matters by reference to disallowable legislative instruments as in force at a particular time or from time to time.