Defence Force (Home Loans Assistance) Act 1990 - Declaration of Warlike service - OPERATION CITADEL (16/09/2003)

Overview

The Defence Force (Home Loans Assistance) Act 1990 was enacted to provide financial assistance to members of the Australian Defence Force (ADF) in the form of home loans, with the aim of supporting their housing needs. This Act addresses the specific problem of providing financial relief to service personnel who may face difficulties in securing home loans due to their military service, particularly in situations involving warlike operations. The Act was enacted by the Parliament of Australia and its policy objective is to ensure that ADF members receive necessary support to maintain stable housing circumstances during and after their service. In the context of the legislative instrument F2006B11645, the Minister for Veterans' Affairs, on behalf of the Minister for Defence, has declared that service during a specified period in East Timor qualifies as warlike service under the Act, thereby extending the eligibility for home loan assistance to those who served in this region.

Scope and Application

The Defence Force (Home Loans Assistance) Act 1990, as amended by the legislative instrument F2006B11645, applies specifically to members of the Australian Defence Force (ADF) who were allotted for service in a declared warlike operation. This particular legislative instrument revokes the previous instrument of 29 January 2003 and declares that service rendered by ADF members in the area of East Timor and its territorial sea, from 20 May 2002 to 17 August 2003, constitutes warlike service under the Act. This declaration ensures that eligible members and their families are entitled to specific home loan assistance provisions. The Act applies to ADF members who served during the specified period in the defined geographic area and their immediate family members, ensuring they receive financial support and benefits related to home loans. The Act operates nationally and is overseen by the Minister for Veterans' Affairs acting on behalf of the Minister for Defence.

Key Provisions

The main operative sections of the Defence Force (Home Loans Assistance) Act 1990 are concerned with providing financial assistance to members of the Australian Defence Force (ADF) in the form of home loans. Section 3C(1) of the Act specifies that warlike service is required for eligibility for home loan assistance. In the legislative instrument, the Minister for Veterans' Affairs, on behalf of the Minister for Defence, revokes the previous instrument from 2003 and declares that service rendered during the period from 20 May 2002 to 17 August 2003 in East Timor and its territorial sea qualifies as warlike service for the purposes of section 3C of the Act (subsection 3C(1)). This declaration ensures that ADF members who served in this specific period and location can access the home loan assistance provided by the Act. The obligations and requirements imposed by the Act on the parties it governs primarily revolve around the eligibility criteria for home loan assistance. Section 3C(1) requires that the service must be warlike to qualify for assistance. The Minister's declaration specifies the time period and location that meet this criterion, thereby making it clear which ADF members are eligible. The Act also mandates that the Minister for Veterans' Affairs, acting on behalf of the Minister for Defence, must review and update the list of qualifying service periods and locations as needed, ensuring that the assistance remains relevant and accurate. Failure to comply with the provisions of the Defence Force (Home Loans Assistance) Act 1990 could result in civil or criminal consequences, depending on the nature and intent of the breach. However, the text does not specify any particular offences, penalties, or consequences for non-compliance in this legislative instrument. It is important to note that while the Act provides for assistance to ADF members, any misuse of this assistance or fraudulent claims could lead to legal repercussions. The penalties for such offences would typically be determined by the relevant courts and could include fines, imprisonment, or both, as stipulated by the general legal framework of Australia.