Defence Determination, Conditions of service Amendment (Executive vehicle allowance) Determination 2019 (No. 35)

The Determination centres on a small set of interlocking statutory concepts that determine who receives the executive vehicle allowance, at what rate, and how it is paid:

• Member and Part application (s 4.6.2): The Part applies to a member who holds a “star rank”. It also extends specified sections to members of the Reserves who hold a star rank (s 4.6.2(2)(a)) and to members who do not hold a star rank but are directed to perform the duties of a star rank (s 4.6.2(2)(b)). This establishes the universe of persons to whom the allowance provisions may be relevant.

• Star rank (s 4.6.3): “Star rank” is a defined term, identified by reference to table items 1 to 5 in section 1 of Schedule 1 to the Defence Act 1903. The Determination does not reproduce those ranks; it cross-references the Act’s Schedule 1 list.

• Eligibility carve-outs and inclusions (s 4.6.6(1)-(2)): Section 4.6.6 opens with an express exclusion for any member holding the rank of Lieutenant General or higher (s 4.6.6(1)). Subsection 4.6.6(2) sets two alternative paths to eligibility: (a) holding a star rank, except where that holding is “under paragraph 13(1)(b) of the Defence Regulation”; or (b) being directed to act at a star rank under paragraph 13(1)(b) of the Defence Regulation, or performing duties of a higher star rank, for a continuous period of three months or more (s 4.6.6(2)(a)-(b)(i)-(ii)).

• Acting and deeming rules (s 4.6.6 note and subsection 4): The Determination both (a) states , in an embedded note , that a member directed to act at a higher rank under paragraph 13(1)(b) of the Defence Regulation is considered to be holding the higher rank for the purposes of Column B in the rate table (note to s 4.6.6(3)); and (b) expressly provides a deeming table in subsection 4 of s 4.6.6 that treats certain directed duties as taking the member to hold the higher rank (e.g. Colonels directed to Brigadier are taken to hold Brigadier; Brigadier or Major General directed to Major General or higher are taken to hold Major General).

• Payment rates and service types (s 4.6.6(3)): The allowance differs by service type: continuous full-time service attracts an annualised amount (set out as $25,208 pa for Brigadier and $26,928 pa for Major General), and Reserve service attracts a daily rate ($69.06/day for Brigadier; $73.78/day for Major General). These amounts are presented in a simple two-row table keyed to service type and rank.

• Calculation and payment mechanics (notes to s 4.6.6(3)): The Determination delegates the arithmetic conversion of rates and the treatment of flexible-service members to the Principal Determination. Specifically, subsection 3.2.7 applies to continuous full-time service, while subsection 3.2.7A applies to flexible service determinations. The instrument mandates fortnightly payment in addition to salary, bases calculation on a 14-day fortnight, and states that the allowance does not count as salary for superannuation purposes.

• Transitional back-pay entitlement (Schedule 2): The Determination creates a discrete transitional entitlement. A member who would have been eligible had the Determination been in force on 17 December 2018, and who has not already received the allowance under the Principal Determination between 17 December 2018 and commencement, is eligible to receive an amount equivalent to what they would have received during that period.

These concepts interact: eligibility hinges on rank and the nature of appointment (substantive versus directed/acting), payment depends on service classification (continuous full-time versus Reserve), and the correct monetary calculation in some cases requires consulting other sections of the Principal Determination. The instrument balances specificity of rates with reliance on existing calculation rules to handle pro-rata, fortnightly and flexible-service scenarios.

The Determination defines affected persons narrowly by reference to rank, service type, and the circumstances in which duties are performed. Who pays is not stated in express words, but the Determination states the allowance is paid “in addition to salary” and is part of the Conditions of service Determination, implying that the Department of Defence will make payments through its payroll mechanisms; the statutory authority for the instrument is the Assistant Secretary acting under s 58B of the Defence Act 1903.

Key groups affected:

• Members who hold a star rank: The Part applies to any “member who holds a star rank” (s 4.6.2(1)). “Star rank” is defined by reference to Schedule 1 of the Defence Act (s 4.6.3). The instrument therefore directly affects those whose substantive rank appears in the Act’s star rank list (the Determination itself uses Brigadier and Major General as examples).

• Members who are directed to perform the duties of a star rank: The rules extend to members who do not hold a star rank but are directed to perform the duties of a star rank (s 4.6.2(2)(b)). However eligibility for payment through s 4.6.6 is limited to periods of directed duty of three months or more (s 4.6.6(2)(b)). The Determination contains an express deeming table to treat some directed duties as taking a member to hold the higher rank for rate purposes (s 4.6.6(4)).

• Reserve members: The Determination expressly applies sections 4.6.4 to 4.6.6 to members of the Reserves who hold a star rank (s 4.6.2(2)(a)) and sets per-day Reserve rates in the rate table (s 4.6.6(3)). Reserve members directed to perform duties of a star rank for continuous periods may also qualify under the three-month rule.

• Members acting under Defence Regulation paragraph 13(1)(b): The instrument draws a distinction between members who hold star rank “under paragraph 13(1)(b)” and those who are “directed to act” under paragraph 13(1)(b). Section 4.6.6(2)(a) excludes members who hold a star rank by virtue of paragraph 13(1)(b), while subsection 4.6.6(2)(b)(i) includes members who have been directed to act at a star rank under paragraph 13(1)(b) for a continuous period of three months or more. The note and deeming rule then describe how acting directions under para 13(1)(b) are treated for determining rank for rate purposes. These cross-references to the Defence Regulation mean that members and administrators must identify whether a given appointment is a substantive holding of the rank or a direction to act, and which pathway to eligibility applies.

• Members of certain higher ranks: A discrete exclusion applies to “a member holding the rank of Lieutenant General or higher” , subsection 4.6.6(1) states the s 4.6.6 allowance does not apply to those members. Thus the Determination explicitly removes Lieutenant Generals and above from the allowance.

• Members with periods between 17 December 2018 and commencement: Those who would have been eligible from 17 December 2018 but did not receive payment under the Principal Determination in that interval may receive an equivalent back-payment under Schedule 2, provided they meet the two-part test in Schedule 2(1). The transitional entitlement therefore potentially affects a cohort to whom the Principal Determination did not pay the allowance in that retrospective window.

Administratively, the instrument affects payroll, personnel and records staff who must ascertain eligibility, apply the correct rate and calculation method (including subsection 3.2.7 or 3.2.7A from the Principal Determination), process fortnightly payments, exclude the allowance from superannuation salary calculations, and implement transitional payments where appropriate.

The Determination creates defined rights to receive an executive vehicle allowance and imposes implicit duties on administrative decision-makers to determine eligibility and pay the allowance in accordance with the rules set out.

Rights conferred on members

• Right to receive the allowance if eligible: A member who meets the eligibility rules in s 4.6.6(2) , holding a star rank (other than where held under paragraph 13(1)(b) of the Defence Regulation) or being directed to act/perform duties of a star rank for a continuous period of three months or more , is entitled to the executive vehicle allowance at the rate specified for their service type and rank (s 4.6.6(2)-(3)). The entitlement includes Reserve members and those acting for three months or more.
• Right to fortnightly payment in addition to salary: The Determination specifies the allowance “is paid fortnightly in addition to salary” (note to s 4.6.6(3)).
• Right to a retrospective equivalent payment for the period 17 December 2018 to commencement in certain circumstances: Schedule 2 entitles a member who would have been eligible from 17 December 2018 but who did not receive the payment under the Principal Determination between that date and commencement to receive the equivalent amount for the period (Schedule 2(1)-(2)).

Duties and administrative obligations

• Duty to establish eligibility periods: Administrators must identify whether a member holds a star rank (s 4.6.2(1)-(2), s 4.6.3), whether a star rank is held under paragraph 13(1)(b) of the Defence Regulation (s 4.6.6(2)(a)), and whether a member has been directed to act or to perform duties of a higher rank for a continuous period of three months or more (s 4.6.6(2)(b)). These are factual determinations that payroll/HR must document.
• Duty to apply the correct service-type rate: The allowance rate depends on whether the member is “performing continuous full-time service” or “performing Reserve service”, with different monetary figures for each (s 4.6.6(3)). Administrators must classify the member’s service type correctly.
• Duty to calculate payments in accordance with the Principal Determination: The mechanics of converting the annual or daily rates into payroll amounts rely on subsection 3.2.7 for continuous full-time service and subsection 3.2.7A for flexible service determinations (note to s 4.6.6(3)). Payroll must apply those calculation methods.
• Duty to pay fortnightly and on a 14-day fortnight basis: The Determination specifies payment frequency and that calculation is based on a 14-day fortnight (note to s 4.6.6(3)). This imposes a simple payroll timing and pro-rating rule for partial fortnights.
• Duty to exclude from superannuation salary: The Determination expressly states the allowance “does not count as salary for superannuation purposes” (note to s 4.6.6(3)). Payroll and superannuation administrators must therefore exclude the allowance from the salary base used for superannuation calculations.
• Duty to consider the deeming rules when calculating rank for rate purposes: Subsection 4 of s 4.6.6 and the embedded note direct that certain directed duties are treated as holding the higher rank for applying the rate table. Administrators must apply these deeming rules to ensure correct rate selection.

Areas where the Determination leaves discretion or dependence on other instruments

• Interpretation of “under paragraph 13(1)(b) of the Defence Regulation”: The Determination cross-references the Defence Regulation but does not reproduce that paragraph; determining whether a member’s rank is held “under paragraph 13(1)(b)” will require consultation of the Defence Regulation (s 4.6.6(2)(a) and (2)(b)(i)).
• Calculation steps for flexible or non-standard service: The Determination points to the Principal Determination’s subsections 3.2.7 and 3.2.7A for the method of calculation. Any non-standard service patterns will therefore require application of those external computation rules.

In short, the Determination grants an explicit payroll entitlement in defined circumstances and sets firm technical duties for payroll and personnel processes. It leaves factual determinations (e.g. whether an appointment is an acting direction under particular regulatory paragraphs, whether a member’s service is continuous full-time or Reserve) to administrative processes and references other provisions for calculation mechanics.

The Determination itself contains no express penalty or enforcement provisions within the text supplied. It is regulatory in character: an administrative instrument setting conditions of service and payment entitlements, rather than a standalone criminal or civil penalty regime. The instrument is made under section 58B of the Defence Act 1903, which provides legal authority for the Determination; however, the Determination does not set out sanctions, offences or enforcement procedures.

Practical enforcement mechanisms implicit in the Determination:

• Administrative enforcement via payroll control: Compliance will be enforced operationally through the Defence payroll and human resources systems. The Determination prescribes payment mechanics (fortnightly payments, 14-day fortnight calculation, exclusion from superannuation base), so failure to follow those mechanics would be a matter for administrative correction within payroll processes rather than a statutory penalty imposed by the Determination text.
• Internal review, grievance and appeals: The Determination does not specify review or appeal pathways for members denied the allowance. Any review rights would therefore arise from broader Defence internal review mechanisms or from the administrative law framework governing decisions made under the Defence Act and associated Directions, not from this Determination’s text. The document does not itself create a statutory appeal or internal objection route.
• Reliance on other legal instruments for sanctions: If an administrator maladministers payment entitlements, remedies may exist under general public law (e.g. merits review mechanisms, judicial review) or under Defence Act governance structures; none of these are specified in the Determination.

Implementation risks relating to enforcement and compliance:

• Correct classification disputes: Because eligibility depends on whether a member’s rank is substantive or held under a particular regulation paragraph, disputes about classification could lead to contested entitlement claims. The Determination’s text requires administrators to make these factual and legal determinations but does not specify internal adjudication steps.
• Retroactive payments: Schedule 2 creates a back-pay entitlement for certain members for the period starting 17 December 2018. Administering these payments requires identification of eligible members who have not already been paid under the Principal Determination; failure to identify or pay an eligible member could lead to internal complaint or external challenge under administrative law principles.
• Superannuation treatment: The Determination expressly excludes the allowance from salary for superannuation purposes. Misclassification in payroll could affect members’ pensionable salary calculations; any correction process would be administrative, not punitive under this Determination.

Because the Determination sets conditions of service and payment rules, enforcement will be exercised through the internal administrative and payroll architecture of Defence and through general legal remedies available for administrative decisions. The Determination does not itself create fines, imprisonment, or a discrete enforcement process.

This Determination is an instrument made under s 58B of the Defence Act 1903 and expressly amends the Defence Determination 2016/19 (Conditions of service). It therefore sits within a hierarchy where the Defence Act and Defence Regulations, together with the Principal Determination, are co-operative sources of legal authority and detail. The text contains explicit cross-references to other provisions which determine interaction points.

Cross-references and dependencies set out in the text

• Defence Act 1903: The instrument defines “star rank” by reference to table items 1 to 5 in section 1 of Schedule 1 to the Defence Act (s 4.6.3). That means identification of which ranks attract the allowance relies on the Act’s Schedule 1 list and any amendments to that list in the Act.
• Defence Regulations: Section 4.6.6 relies on paragraph 13(1)(b) of the Defence Regulation in multiple places (s 4.6.6(2)(a)-(b)(i) and in the note). The Determination distinguishes between holding a rank “under paragraph 13(1)(b)” and being “directed to act at a star rank under paragraph 13(1)(b)”. To determine which members are excluded or included, administrators must consult the Defence Regulation’s paragraph 13(1)(b) to establish the legal nature of the appointment or direction in each case.
• Principal Determination (Defence Determination 2016/19): The amendment is to the Principal Determination and relies on its subsections for calculation methodology: subsection 3.2.7 is used for members on continuous full-time service and subsection 3.2.7A is used for members on a flexible service determination (note to s 4.6.6(3)). Payments for the transitional period are also to be computed as “equivalent” to amounts the member “would have received” under the amended rules , this requires cross-checking the Principal Determination’s treatment, and determining whether the member previously received payments under the Principal Determination during the retrospective window (Schedule 2).

Consequences of these interactions

• Dependence on definitions outside the instrument: The Determination does not define “continuous full-time service”, “flexible service determination” or paragraph 13(1)(b)’s substantive legal effect. Administrators must therefore read the Principal Determination and the Defence Regulation alongside this instrument to determine eligibility, service classification and calculation mechanics.
• Potentially overlapping rules on acting status and rates: The Determination both excludes rank holdings “under paragraph 13(1)(b)” from eligibility and separately includes members “directed to act” under that same paragraph for periods of three months or more. The instrument’s note and deeming table then clarify that a member directed to act under paragraph 13(1)(b) is to be considered as holding the higher rank for purposes of rate application. Correct application therefore requires collating the Defence Regulation’s legal rules about acting appointments with the Determination’s deeming table.
• Superannuation law interaction: The Determination expressly excludes the allowance from superannuation salary (note to s 4.6.6(3)). That instruction will interact with any applicable superannuation legislation, rules and the policies of the Commonwealth’s superannuation schemes for Defence members. The instrument’s exclusion will alter the base salary used for superannuation contributions or accruals, subject to the operation of the superannuation scheme’s governing law.
• Interaction with payroll and employment law: The Determination prescribes payment frequency (fortnightly) and basis (14-day fortnight). How those payments are treated for tax, payroll reporting and employment entitlements will depend on the tax and employment law frameworks and the Principal Determination’s specifications. The Determination’s statement that the allowance is paid “in addition to salary” but is not salary for superannuation purposes creates a specific payroll classification that must be reconciled with taxation and reporting obligations.

Implementation steps require reading this Determination in conjunction with:

• Section 58B of the Defence Act 1903 (authority to make Determinations);
• The Defence Regulation (paragraph 13(1)(b));
• The Principal Determination, including subsections 3.2.7 and 3.2.7A and any definitions of service types; and
• Any superannuation and payroll legislative or administrative instruments that determine the consequences of excluding an allowance from salary.

In short, this amendment operates as a targeted change but is structurally embedded in a network of Defence and superannuation instruments. Correct legal and administrative application requires consulting the Defence Act, Defence Regulation paragraph 13(1)(b) and the Principal Determination.

This instrument itself is an amending Determination. The text records the following documentary and temporal history:

• Instrument name and maker: The instrument is titled Defence Determination, Conditions of service Amendment (Executive vehicle allowance) Determination 2019 (No. 35). It is signed by Michael Ian McCulloch, Acting Assistant Secretary, People Policy and Employment Conditions, Defence People Group. The signature date recorded is 11 December 2019 (front matter).

• Authority and commencement: The instrument is made under section 58B of the Defence Act 1903 (section 3) and commences on 12 December 2019 (section 2).

• Amended instrument: The Determination amends the Defence Determination 2016/19, Conditions of service. Schedule 1 to the amending Determination identifies the sections of the Principal Determination that are to be omitted and substituted (Schedule 1 heading and itemisation).

• Specific amendments effected in Schedule 1:

  • Item 1 replaces section 4.6.2 (Member this Part applies to) with a rewritten provision that states the Part applies to a member who holds a star rank and clarifies the application to Reserve members and to members directed to perform duties of a star rank (Schedule 1, item 1).
  • Item 2 replaces the table at section 4.6.3 (Definitions) to define “star rank” by reference to table items 1 to 5 in section 1 of Schedule 1 to the Defence Act (Schedule 1, item 2).
  • Item 3 replaces section 4.6.6 (Executive vehicle allowance) in full with new eligibility criteria, rate tables for continuous full-time service and Reserve service, payment notes about calculation methodology and superannuation treatment, and a deeming table for directed duties (Schedule 1, item 3).

• Transitional provision added in Schedule 2:

  • Schedule 2 inserts an “Executive vehicle allowance transition” provision that gives a retrospective entitlement to a member who would have been eligible had this Determination been in force on 17 December 2018 but who has not received the allowance under the Principal Determination between 17 December 2018 and commencement (Schedule 2(1)-(2)). The member is entitled to receive an amount equivalent to what they would have received for that period.

• Notes and computational cross-references:

  • The amended s 4.6.6 contains notes stating which subsections of the Principal Determination are used for calculation (subsections 3.2.7 and 3.2.7A), that payment is fortnightly and based on a 14-day fortnight, and that the allowance does not count as salary for superannuation purposes (notes to s 4.6.6(3)).

The amending Determination is narrowly focused, producing a targeted retuning of the executive vehicle allowance provisions within the Principal Determination. The organizational metadata (dates, maker, authority) are present and provide a clear starting point for any administrative audit trail. The Determination does not include earlier historical versions of the Principal Determination within its text beyond stating the replacement wording; to trace prior wording, one must consult archived versions of Defence Determination 2016/19.

The instrument as supplied contains no litigation history, case citations or references to judicial decisions. It does not name any cases or indicate any past or pending litigation concerning the executive vehicle allowance or the provisions it amends.

What the text does show relevant to litigation and dispute risks:

• The Determination creates rights and administrative duties without prescribing an internal review or appeal mechanism in the text. Any legal challenge to a refusal, miscalculation, or misapplication of the allowance would have to rely on the general administrative law and Defence Act framework rather than on a review mechanism set out in this Determination.
• The text cross-references other legal instruments (the Defence Act Schedule 1 for rank definitions and paragraph 13(1)(b) of the Defence Regulation for acting appointments). Disputes are most likely to arise around factual or legal characterisation questions, such as whether a member’s appointment is a substantive holding, a holding “under paragraph 13(1)(b)”, or simply a direction to act that meets the three-month threshold. Such disputes would require examination of the Defence Regulation and the underlying employment or direction instruments.
• The Determination’s transitional provision creates potential retrospective payment claims and thus potential disputes about whether a particular member “would have been eligible” from 17 December 2018 and whether they “has not received executive vehicle allowance under the Principal Determination between 17 December 2018 and the commencement.” Determinations about who qualifies for retrospective payment may produce contested claims that could proceed to remedies under administrative law or Departmental grievance mechanisms.

Because the supplied text contains no reported cases, litigation outcomes, precedent or statutory interpretations, a practitioner seeking to anticipate likely judicial treatment would need to consult subsequent case law, Defence internal review records, or disputes brought under the Defence Act and administrative law , none of which are contained within this instrument.

The Determination contains several precise technical features and cross-references that create traps for the unwary administrator or member. These “gotchas” flow from definitional cross-references, exclusions, differing payment bases and dependence on other provisions for calculation.

1. Distinction between “holding” and “acting” under paragraph 13(1)(b) of the Defence Regulation

• The Determination excludes a member who “holds a star rank, other than under paragraph 13(1)(b) of the Defence Regulation” (s 4.6.6(2)(a)). At the same time, it includes members who have “been directed to act at a star rank under paragraph 13(1)(b) of the Defence Regulation” for a continuous period of three months or more (s 4.6.6(2)(b)(i)). The text therefore draws a fine line between a rank that is held “under” paragraph 13(1)(b) and a direction to act under that paragraph. Administrators must examine the Defence Regulation to determine whether an appointment is an entitlement that constitutes “holding” under para 13(1)(b) or a temporary acting direction. Mischaracterising the nature of the appointment can either wrongly deny an entitlement or wrongly grant one.

2. Three-month continuous period requirement for acting duties

• A member who is directed to act or perform duties of a higher star rank only becomes eligible if the direction or performance is for a continuous period of three months or more (s 4.6.6(2)(b)). Shorter acting periods do not qualify. Payroll must identify continuity and gaps. Ambiguities in continuous service (breaks, overlapping directions, or intermittent duties) will affect eligibility and may require precise date-recording.

3. Deeming table and scope of deemed holding

• Subsection 4 of s 4.6.6 contains a deeming table that takes certain directed duties to equate to holding a specified higher rank for the purpose of applying rates. For example, a Colonel or lower directed to perform Brigadier duties is taken to hold Brigadier (s 4.6.6(4) item 1). That deeming applies only “for the purpose of column B in subsection 3”. Administrators must therefore apply the deeming narrowly to rate selection, not as a general promotion or as a substantive rank change. Misapplying the deeming beyond rate calculation could create entitlement or classification errors.

4. Exclusion of Lieutenant Generals and higher

• Section 4.6.6(1) states the section “does not apply to a member holding the rank of Lieutenant General or higher.” Members at those ranks are therefore categorically excluded. Payroll systems should ensure no payments are calculated for those ranks, even where other parts of personnel records might suggest acting arrangements.

5. Multiple service-type payment bases

• The rate table differentiates continuous full-time service (annual amount) and Reserve service (daily rate) (s 4.6.6(3)). The Determination instructs that calculation for continuous full-time service uses subsection 3.2.7 and for flexible service uses subsection 3.2.7A of the Principal Determination (notes to s 4.6.6(3)). Where a member’s service falls into a non-standard pattern (e.g. flexible service, part-year full-time service, mixed Reserve and full-time periods), administrators must consult the referenced subsections to derive correct pro-rating. Failure to use the correct calculation method risks overpayments or underpayments.

6. Fortnightly and 14-day fortnight calculation basis

• Payment is made fortnightly and calculations are based on a 14-day fortnight (note to s 4.6.6(3)). Where payroll cycles or public holidays alter pay periods, or where a member’s start/stop dates straddle fortnights, correct pro-rating depends on treating every fortnight as 14 days, irrespective of calendar alignment. Misinterpreting this can produce off-by-one errors in pay.

7. Superannuation exclusion

• The allowance “does not count as salary for superannuation purposes” (note to s 4.6.6(3)). Payroll and superannuation administrators must exclude the allowance when computing pensionable salary. If administrators mistakenly include it, members’ superannuation contributions and pension entitlements calculation may be distorted and require remedial adjustment.

8. Transitional back-pay scope and proof

• Schedule 2 allows members who would have been eligible from 17 December 2018 but did not receive payment under the Principal Determination between that date and commencement to receive the equivalent amounts. The determination of who “would have been eligible” during that retrospective window, and the calculation of “equivalent” amounts, requires precise reconstruction of service status, acting directions and any partial payments previously made. Administrative records must be complete for accurate retroactive payment; absent records increase risk of disputes.

9. Reliance on external texts for key determinations

• The definitions of “star rank” (s 4.6.3), the legal effect of paragraph 13(1)(b) of the Defence Regulation, and the calculation methodology (subsections 3.2.7 and 3.2.7A of the Principal Determination) are all outside this instrument. Mistakes in cross-referencing, reading the external provisions, or applying their formulas will result in misapplication.

Each of these points is concrete and grounded in the Determination’s text. Administrators and members should verify acting appointments’ legal character, maintain continuous service records, apply the correct rate table and calculation rules found in the Principal Determination, and exclude the allowance from superannuation calculations.

This section translates the Determination’s provisions into a practical compliance checklist for administrators, payroll officers, personnel decision-makers and members who wish to confirm entitlements. Compliance requires document review, accurate fact-finding about appointments and service patterns, application of calculation rules in the Principal Determination, and appropriate payroll actions.

Step 1: Identify the member and confirm rank status

• Check whether the member is within the Part’s scope: determine whether the member “holds a star rank” as defined by reference to Schedule 1 of the Defence Act (s 4.6.2(1); s 4.6.3). Consult section 1 of Schedule 1 to the Defence Act to identify the specific ranks that qualify as “star rank”.
• If the member does not hold a star rank, check whether they have been directed to perform the duties of a star rank (s 4.6.2(2)(b)). Document the direction and the dates.

Step 2: Determine the legal character of the appointment or direction

• Establish whether the member’s rank is held “under paragraph 13(1)(b) of the Defence Regulation”. If the rank is held under paragraph 13(1)(b), note that s 4.6.6(2)(a) excludes members who hold a star rank under that paragraph from eligibility. If the member was directed to act under paragraph 13(1)(b) for a continuous period of three months or more, s 4.6.6(2)(b)(i) may include them , but this requires precise characterisation of the appointment/direction. Consult the Defence Regulation paragraph 13(1)(b) text.

Step 3: Check the duration requirement for acting duties

• For acting or directed service, verify that the direction/duties were performed for a continuous period of three months or more (s 4.6.6(2)(b)). Maintain records of start and end dates and any interruptions.

Step 4: Apply the deeming rules for rate selection

• If the member is a lower-ranked officer directed to perform duties of a higher star rank, use the deeming table in s 4.6.6(4) to identify the rank to be used for rate selection (for example, a Colonel directed to Brigadier is taken to hold Brigadier for purposes of the rate table). Apply this deeming for selecting Column B rank for the rate table only.

Step 5: Determine service-type classification

• Classify the member’s service as either continuous full-time service or Reserve service, as those classifications determine whether the annual or the per-day rate applies (s 4.6.6(3)). If the member’s service is a flexible determination, note that subsection 3.2.7A of the Principal Determination applies.

Step 6: Calculate the monetary entitlement

• For continuous full-time service, use subsection 3.2.7 of the Principal Determination to calculate the payroll amount from the annual rate (note to s 4.6.6(3)). For members on a flexible service determination, use subsection 3.2.7A. For Reserve service, apply the per-day rate prorated to the days actually in scope.
• Remember that the Determination provides specific figures: annual rates of $25,208 (Brigadier) and $26,928 (Major General) for continuous full-time; daily rates $69.06 (Brigadier) and $73.78 (Major General) for Reserve service (s 4.6.6(3)). Confirm whether any local rounding or conversion rules apply under subsection 3.2.7 or 3.2.7A.

Step 7: Process payment through payroll

• Pay the allowance fortnightly in addition to salary, using a 14-day fortnight basis for calculations (note to s 4.6.6(3)). Ensure payroll cycles match the Determination’s 14-day fortnight methodology to avoid pro-rating errors.
• Exclude the allowance from salary for superannuation purposes (note to s 4.6.6(3)). Coordinate with superannuation administrators to ensure correct pensionable salary bases.

Step 8: Address transitional entitlements

• For periods starting 17 December 2018 through to the Determination’s commencement, determine whether a member “would have been eligible” had this Determination been in force on 17 December 2018 and whether they “has not received executive vehicle allowance under the Principal Determination between 17 December 2018 and the commencement” (Schedule 2(1)). Where both conditions are met, compute the equivalent amounts for that retrospective period and process payment (Schedule 2(2)).
• Maintain audit records supporting the retrospective calculation: eligibility determinations, dates of acting directions, prior payments (if any) under the Principal Determination, and the arithmetic used in computing the retrospective amounts.

Step 9: Record-keeping and documentation

• Retain documentation demonstrating the legal nature of appointments (including references to paragraph 13(1)(b) where applicable), the dates and continuity of acting directions, service classification, the calculation method used (referencing subsections 3.2.7 or 3.2.7A), payroll entries and superannuation adjustments.
• Keep clear memos explaining when the deeming table in s 4.6.6(4) was applied and for what purpose (explicitly noting its application is for column B in subsection 3).

Step 10: Handle disputes and corrections

• Because the Determination does not specify an internal appeal route, prepare to address member queries and disputes via Defence’s standard administrative processes. Where errors occur, correct payroll and superannuation records and document the correction. For complex legal questions about paragraph 13(1)(b) or rank characterisation, seek advice from legal or policy specialists who can interpret the Defence Regulation and the Act.

Following this checklist will align administrative practice with the Determination’s textual requirements and reduce the risk of mispayment, misclassification or superannuation reporting errors.