Untitled document

Military Rehabilitation and Compensation (Non-warlike Service) Determination 2019

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

Compilation No. 1               

Compilation date:   17 September 2019

Includes amendments up to:            F2019L01199

About this compilation

This compilation

This is a compilation of the Military Rehabilitation and Compensation (Non-warlike Service) Determination 2019 that shows the text of the law as amended and in force on 17 September 2019 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

Schedule 1 – Non-warlike service........................................................... 2

Endnotes 1.................................................................................................. 8

Endnote 1—About the endnotes............................................................. 8

Endnote 3—Legislation history............................................................. 10

Endnote 4—Amendment history........................................................... 11

1  Name

This instrument is the Military Rehabilitation and Compensation (Non-warlike Service) Determination 2019.

3  Authority

This instrument is made under paragraph 6(1)(b) 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  Non‑warlike service

Schedule 1 specifies service with the Defence Force that is non‑warlike service for the purposes of the Act.

Schedule 1—Non‑warlike service

Note:       See section 6.

1  Non‑warlike service

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

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

(b)  occurs during the period mentioned in the item in relation to that area of operation.

Non‑warlike service
Item	Name of operation	Nature of operation	Area of operation	Period
1	Mazurka	Multi‑national Force and Observers—Sinai	Egypt, between the east bank of the Suez Canal and the international boundary between Egypt and Israel established by the peace treaty between Egypt and Israel signed in Washington on 26 March 1979, and an adjoining area extending 5 kilometres into Israel	On and after 28 January 1993
2	Osier	NATO Stabilisation Force	The Former Yugoslav Republic of Macedonia, Bosnia‑Herzegovina, Croatia, Slovenia, Serbia and Montenegro	24 January 1997–12 December 2011
3	Joint Guardian	United Nations Kosovo Force	Albania, Serbia, Montenegro and the Former Yugoslav Republic of Macedonia	11 June 1999–12 December 2011
4	Pomelo	ADF contribution to the United Nations Mission in Ethiopia and Eritrea	Ethiopia and Eritrea	15 January 2001–31 May 2005
5	Paladin	ADF contribution to the United Nations Truce Supervision Organization	The total land area, territorial waters and superjacent airspace within the internationally recognised boundaries of Israel, Jordan, Syria, Lebanon and Egypt	21 April 2003–11 July 2006
5A	Paladin	ADF contribution to the United Nations Truce Supervision Organization	The total land area, territorial waters and superjacent airspace within the internationally recognised boundaries of Israel, Jordan, Syria, Lebanon and Egypt, excluding the following area: 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
5B	Paladin	ADF contribution to the United Nations Truce Supervision Organization	The total land area, territorial waters and superjacent airspace within the internationally recognised boundaries of Israel, Jordan, Syria, Lebanon and Egypt	On and after 15 August 2006
6	Anode	ADF contribution to the Australian Government’s Strengthened Assistance Framework Program in support of the Solomon Islands Government	The total land areas, territorial waters and superjacent airspace boundaries of the Solomon Islands	24 July 2003–30 September 2013
7	Citadel	United Nations Mission of Support in East Timor	East Timor and the territorial sea of East Timor	18 August 2003–26 June 2008
8	Spire	United Nations Mission of Support in East Timor	East Timor and the territorial sea of East Timor	20 May 2004–26 June 2008
9	Azure	United Nations Mission in Sudan	Sudan	10 April 2005–31 December 2011
10	Astute	ADF stabilisation operation in support of the Government of East Timor	East Timor and its territorial waters and superjacent airspace	12 May 2006–19 April 2013
11	Ramp	ADF operation in the Middle East in support of the Australian whole of government response to the crisis in Lebanon	Lebanon and its territorial waters and superjacent airspace	20 July 2006–27 November 2008
12	Quickstep	ADF mission in Fiji	Fiji and its land, internal waters, archipelagic waters, territorial sea and superjacent airspace and the exclusive economic zone of Fiji	31 October 2006–22 December 2006
13	Quickstep Tonga	ADF operation to assist the Government of Tonga with the restoration of law and order in Tonga	The sovereign territory of Tonga, including the land territory, internal waters, territorial sea and superjacent airspace of Tonga and the exclusive economic zone of Tonga and its superjacent airspace	18–30 November 2006
14	Hedgerow	ADF contribution to the hybrid United Nations and African Union mission in Darfur	Sudan	28 July 2008–23 June 2011
15	ADF contribution to the NATO no‑fly zone and maritime enforcement operation against Libya	The international waters and superjacent airspace of the central southern Mediterranean Sea between 10°00′E and 28°00′E and south of 41°00′N, including portions of Italy, Greece, Turkey, Albania and all of Malta and north of Libya and its territorial waters and superjacent airspace	31 March 2011‑ 31 October 2011
16	Aslan	ADF contribution to the United Nations Mission in the Republic of South Sudan	South Sudan and its superjacent airspace	On and after 23 September 2011
17	Accordion	Supporting operations in Bahrain, Qatar and the United Arab Emirates in relation to the ADF contribution to the International Coalition against Terrorism	The area bounded by the land mass and superjacent airspaces of Bahrain, Qatar and the United Arab Emirates	On and after 1 July 2014
18	Manitou	Maritime operations, including counter‑piracy operations	The area: (a) comprising all sea and superjacent airspace of the Persian Gulf, the Gulf of Aden, the Red Sea and the Arabian Sea north of latitude 11°00′S and west of longitude 68°00′E; and (b) including the ports adjacent to the area mentioned in paragraph (a), and the area within a 10 kilometre radius of each port	1 July 2014–13 May 2015
18A	Manitou	Maritime operations, including counter‑piracy operations	The area: (a) comprising all sea and superjacent airspace of the Persian Gulf, the Gulf of Oman, the Arabian Sea, the Gulf of Aden, the Red Sea, the Gulf of Suez, the Gulf of Aqaba and the Indian Ocean north of latitude 15°00′S and west of longitude 68°00′E; and (b) including the ports adjacent to the area mentioned in paragraph (a), and the area within a 10 kilometre radius of each port	14 May 2015–13 November 2016
18B	Manitou	Maritime operations, including counter‑piracy operations	The area: (a) comprising all sea and superjacent airspace of the Persian Gulf, the Gulf of Oman, the Gulf of Aden, the Gulf of Suez, the Gulf of Aqaba, the Red Sea, the Arabian Sea north of latitude 15°00′S and west of longitude 70°00′E and the Indian Ocean north of latitude 15°00′S and west of longitude 70°00′E; and (b) including the ports adjacent to the area mentioned in paragraph (a), and the area within a 10 kilometre radius of each port	On and after 14 November 2016
19	Okra	ADF contribution to the Iraq crisis	The land area, territorial waters and superjacent airspace of Bahrain, Iraq, Jordan, Kuwait, Qatar and the United Arab Emirates, and the waters and superjacent airspace of the Persian Gulf	1 July 2014–8 August 2014
19A	Okra	ADF contribution to the Iraq crisis	The land area, territorial waters and superjacent airspace of Albania, Bahrain, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Estonia, Hungary, Jordan, Kuwait, Montenegro, Poland, Qatar, Romania and the United Arab Emirates, and the waters and superjacent airspace of the Persian Gulf	9 August 2014–8 September 2015
19B	Okra	ADF contribution to the Iraq and Syria crisis	The following areas: (a) the land area, territorial waters and superjacent airspace of Albania, Bahrain, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Estonia, Hungary, Jordan, Kuwait, Montenegro, Poland, Qatar, Romania and the United Arab Emirates; (b) the waters and superjacent airspace of the Persian Gulf; (c) the land territory of Turkey east of longitude 35°00¢E, including superjacent airspace and territorial waters	9 September 2015 – 14 November 2018
19C	Okra	ADF contribution to the Iraq and Syria crisis	The following areas: (a) the land area, territorial waters and superjacent airspace of Bahrain, Cyprus, Jordan, Kuwait, Qatar and the United Arab Emirates; (b) the waters and superjacent airspace of the Persian Gulf; (c) the land territory of Turkey east of longitude 35°00¢E, including superjacent airspace and territorial waters	On and after 15 November 2018
20	Augury	Supporting the ADF’s understanding of Islamist terrorist threats to Australia and the region	Jordan and its superjacent airspace	4 July 2014–27 April 2016
20A	Augury	Supporting the ADF’s understanding of Islamist terrorist threats to Australia and the region	The land area, territorial waters and superjacent airspace of Jordan and the United Arab Emirates	On and after 28 April 2016
21	Hawick	ADF contribution to the whole of government response to the MH17 air disaster in Ukraine	Ukraine and its superjacent airspace	21 July 2014–18 May 2015
22	ADF contribution to efforts against global terrorism	The land, territorial waters and superjacent airspace of Libya	16 May 2016–2 August 2016
23	Litten	Maritime operations in the Mediterranean Sea	Libyan territorial waters	31 August 2016–21 October 2016
23A	Litten	Maritime operations in the Mediterranean Sea	Libyan territorial waters	On and after 4 November 2016

Note:          Serbia and Montenegro, included in the area of operation for operations Osier and Joint Guardian (see table items 2 and 3), were united as the Federal Republic of Yugoslavia between 1992 and 2006.

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 (Non-warlike Service) Determination 2019	21 Mar 2019 (F2019L00332)	22 Mar 2019 (s2(1) item 1)
Military Rehabilitation and Compensation Amendment (Non-warlike Service) Determination 2019 (No.1)	16 Sep 2019 (F2019L01199)	17 Sep 2019

Endnote 4—Amendment history

Provision affected	How affected
s2	rep LA s48D
s4	rep LA s48C
s6	am F2019L01199