Military Rehabilitation and Compensation (Warlike Service) Determination 2019 (Cth)

Military Rehabilitation and Compensation (Warlike Service) Determination 2019

made under paragraph 6(1)(a) of the
Military Rehabilitation and Compensation Act 2004.

Compilation No. 1               

Compilation date:   23 May 2020

Includes amendments up to:            F2020L00600

About this compilation

This compilation

This is a compilation of the Military Rehabilitation and Compensation (Warlike Service) Determination 2019 that shows the text of the law as amended and in force on 23 May 2020 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Name. .................................................................................................... 1

Authority................................................................................................ 1

Schedules ............................................................................................... 1

Definitions.............................................................................................. 1

Warlike service ...................................................................................... 1

Schedule 1 – Warlike service.................................................................. 2

Endnotes .................................................................................................... 6

Endnote 1—About the endnotes............................................................. 6

Endnote 2—Abbreviation key................................................................ 7

Endnote 3—Legislation history............................................................... 8

Endnote 4—Amendment history............................................................. 9

1  Name

This instrument is the Military Rehabilitation and Compensation (Warlike Service) Determination 2019.

3  Authority

This instrument is made under paragraph 6(1)(a) of the Military Rehabilitation and Compensation Act 2004.

5  Definitions

In this instrument:

Act means the Military Rehabilitation and Compensation Act 2004.

ADF means the Australian Defence Force (within the meaning of the Defence Act 1903).

NATO means the North Atlantic Treaty Organization.

6  Warlike service

Schedule 1 specifies service with the Defence Force that is Warlike service for the purposes of the Act.

Schedule 1—Warlike service

1. Warlike service

For the purposes of paragraph 6(1)(a) of the Act, service with the Defence Force in an operation mentioned in an item of the following table is warlike service for the purposes of the Act if the service:

(a)  is in an area of operation mentioned in the item; and

(b)  occurs during a period mentioned in the item.

Warlike service
Item	Name of operation	Nature of operation	Area of operation	Period
1	Enduring Freedom—Afghanistan	US Global War on Terror	Afghanistan and its superjacent airspace	7 October 2001 – 31 December 2014
2	Slipper	ADF contribution to the International Coalition against Terrorism	The area bounded by the following geographical coordinates: (a) 48°00′N 81°00′E; (b) 48°00′N 35°00′E; (c) 12°00′N 35°00′E; (d) 12°00′N 81°00′E	11 October 2001 – 30 July 2009
2A	Slipper	ADF contribution to the International Coalition against Terrorism	The area bounded by the following geographical coordinates: (a) 39°00′N 78°00′E; (b) 39°00′N 32°00′E; (c) 05°00′S 32°00′E; (d) 05°00′S 78°00′E	31 July 2009 – 19 February 2012

2B	Slipper	ADF contribution to the International Coalition against Terrorism	The area bounded by the following geographical coordinates: (a) 39°00′N 32°00′E; (b) 39°00′N 78°00′E; (c) 23°00′N 78°00′E; (d) 23°00′N 68°00′E; (e) 11°00′S 68°00′E; (f) 11°00′S 38°00′E; (g) 17°00′N 38°00′E; (h) 17°00′N 32°00′E	20 February 2012 – 30 June 2014
2C	Slipper	ADF contribution to the International Coalition against Terrorism	Afghanistan and its superjacent airspace	1 July 2014 – 31 December 2014
3	Ariki	New Zealand contribution to Operation Enduring Freedom—Afghanistan and the International Security Assistance Force mission in Afghanistan	Afghanistan and its superjacent airspace	1 December 2001 –  31 December 2014
4	Palate	ADF support to the United Nations Assistance Mission in Afghanistan	Afghanistan	18 April 2003 – 5 July 2004
5	Catalyst	ADF contribution in support of the US‑led coalition operations in Iraq in order to support the Australian whole‑of‑government effort to assist with the rehabilitation of Iraq and to remove the threat posed to global security by Iraq’s weapons of mass destruction capability	The total land areas, territorial waters, internal waterways and superjacent airspace boundaries of Iraq, Kuwait, Bahrain, Qatar, United Arab Emirates, Saudi Arabia (north of latitude 23°00′N), the Persian Gulf and the Strait of Hormuz	16 July 2003 – 31 July 2009
6	Athena	Canadian contribution to the International Security Assistance Force mission in Afghanistan	Afghanistan and its superjacent airspace	17 July 2003 – 31 December 2014
7	International Security Assistance Force	NATO‑led security mission in Afghanistan	Afghanistan and its superjacent airspace	11 August 2003 –  31 December 2014
8	Herrick	United Kingdom contribution to the International Security Assistance Force mission in Afghanistan	Afghanistan and its superjacent airspace	1 September 2004 –  31 December 2014
9	Palate II	ADF support to the United Nations Assistance Mission in Afghanistan	Afghanistan	27 June 2005 –  10 March 2017
10	Paladin	ADF contribution to the United Nations Truce Supervision Organization	Southern Lebanon bounded by 33°12′N 35°12′E, 33°10′N 35°20′E, 33°19′N 35°25′E, on the Litani River, then along the Litani River to 33°25′N 35°37′E, 33°22′N 35°49′E, on the Syria‑Lebanon border, then south to the junction of the Syria‑Lebanon‑Israel border, then east along the Lebanon‑Israel border to the coast, then north along the coast to 33°12′N 35°12′E	12 July 2006 – 14 August 2006
11	Riverbank	ADF support to the United Nations Assistance Mission in Iraq	Iraq	21 July 2008 – 14 December 2013
12	Kruger	ADF contribution to the provision of security to the Australian Embassy in Iraq	Iraq	1 January 2009 –  9 August 2011
13	ADF contribution to the NATO no‑fly zone and maritime enforcement operation against Libya	Libya and its territorial waters and superjacent airspace	31 March 2011 – 31 October 2011
14	Okra	ADF contribution to the Iraq crisis	The land area, territorial waters and superjacent airspace of Iraq	9 August 2014 – 8 September 2015
14A	Okra	ADF contribution to the Iraq and Syria crisis	The land area, territorial waters and superjacent airspace of Iraq and Syria	On and after 9 September 2015
15	Highroad	ADF contribution to the NATO‑led Resolute Support Mission in Afghanistan	Afghanistan and its superjacent airspace	On and after 1 January 2015

16	Augury	Supporting the ADF’s understanding of Islamist terrorist threats to Australia and the region	Afghanistan and its superjacent airspace	On and after 28 April 2016
17	Steadfast	ADF contribution to the NATO Mission in Iraq	The land area, territorial waters and superjacent airspace of Iraq.	On and after 10 September 2018
18	Orenda	ADF contribution to the United Nations Multidimensional Integrated Stabilization Mission in Mali.	The land area and superjacent airspace of the Republic of Mali.	On and after 1 April 2020

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 

Endnote 2—Abbreviation key

o = order(s)
ad = added or inserted	Ord = Ordinance
am = amended	orig = original
amdt = amendment	par = paragraph(s)/subparagraph(s)
c = clause(s)	/sub‑subparagraph(s)
C[x] = Compilation No. x	pres = present
Ch = Chapter(s)	prev = previous
def = definition(s)	(prev…) = previously
Dict = Dictionary	Pt = Part(s)
disallowed = disallowed by Parliament	r = regulation(s)/rule(s)
Div = Division(s)
exp = expires/expired or ceases/ceased to have	reloc = relocated
effect	renum = renumbered
F = Federal Register of Legislation	rep = repealed
gaz = gazette	rs = repealed and substituted
LA = Legislation Act 2003	s = section(s)/subsection(s)
LIA = Legislative Instruments Act 2003	Sch = Schedule(s)
(md) = misdescribed amendment can be given	Sdiv = Subdivision(s)
effect	SLI = Select Legislative Instrument
(md not incorp) = misdescribed amendment	SR = Statutory Rules
cannot be given effect	Sub‑Ch = Sub‑Chapter(s)
mod = modified/modification	SubPt = Subpart(s)
No. = Number(s)	underlining = whole or part not
commenced or to be commenced

Endnote 3—Legislation history

Name	Registration	Commencement	Application, saving and transitional provisions
Military Rehabilitation and Compensation (Warlike Service) Determination 2019	16 September 2019 (F2019L01198)	17 September 2019
Military Rehabilitation and Compensation (Warlike Service) Amendment Determination 2020 (No.1)	22 May 2020 (F2020L00600)	23 May 2020

Endnote 4—Amendment history

Provision affected	How affected
s2	rep LA s48D
s4	rep LA s48C
s6	am F2020L00600