EXPLANATORY STATEMENT
Defence Force (Home Loans Assistance) Act 1990
Declaration of warlike service (Operation HUSKY)
The Defence Force (Home Loans Assistance) Act 1990 (the Act), together with the Agreement incorporated in the Act, provides for the payment of housing loan subsidies for certain members of the Australian Defence Force (the ADF).
Section 3C of the Act enables the Minister to declare duty to be warlike service for the purposes of the Act.
The purpose of this Declaration is to declare duty with the International Military Advisory and Training Team in Sierra Leone on Operation HUSKY, as warlike service for the purpose of the Act.
This Declaration applies to service which commenced on and from 15 January 2001, the day that members of the ADF began warlike service in Operation HUSKY.
Paragraph (a) declares that the area of operation for the purposes of the Declaration comprises Sierra Leone and that service as a member of the ADF on Operation HUSKY during the period specified in the Declaration is warlike service for the purposes of section 3C of the Act.
This Declaration is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (the LIA). The instrument takes effect from the 15 January 2001, the day specified in the instrument for the purposes of the commencement of the instrument.
The retrospective effect of the Declaration is required to enable members of the ADF who have rendered warlike service on Operation HUSKY and are already entitled to assistance under the Act and the Agreement, to certain additional benefits under the Act. The retrospective application of this Declaration does not affect the rights of any persons nor does it impose liabilities (other than on the Commonwealth) in respect of anything done before the date of the Declaration is registered.
These benefits entitle an eligible person who rendered warlike service to additional periods of housing subsidy as well as an exemption of the five year qualifying period of service. The entitlement to additional years of subsidy range from two additional years, for warlike service of less than three months, to five additional years for warlike service of more than nine months.
Consultation was considered unnecessary pursuant to section 18 of the LIA because the Determination relates to the service of members of the ADF.
Authority: Section 3C of the Defence Force (Home Loans Assistance) Act 1990
Overview
The Defence Force (Home Loans Assistance) Act 1990 (the Act) was enacted to address the need for financial support for members of the Australian Defence Force (ADF) who are involved in warlike operations, particularly in relation to housing loans. The Act, along with the incorporated Agreement, provides for housing loan subsidies for certain ADF members. Section 3C of the Act empowers the Minister to declare duty as warlike service for the purposes of the Act. This legislation aims to ensure that ADF members who undertake warlike service are eligible for additional benefits, including extended periods of housing subsidy and exemptions from the five-year qualifying period of service. The explanatory statement outlines a specific declaration concerning service in Sierra Leone as part of Operation HUSKY, which applies retroactively from 15 January 2001. This declaration ensures that ADF members already entitled to assistance under the Act can access certain additional benefits, while also clarifying that the retrospective application does not affect the rights of any persons or impose liabilities other than on the Commonwealth.
Scope and Application
The Defence Force (Home Loans Assistance) Act 1990, as amended by this legislative instrument, pertains specifically to members of the Australian Defence Force who have undertaken warlike service. This legislation is designed to provide housing loan subsidies to eligible individuals based on the nature and duration of their service. The recent declaration under Section 3C of the Act identifies service with the International Military Advisory and Training Team in Sierra Leone during Operation HUSKY, starting from 15 January 2001, as warlike service. This declaration is retrospective, applying to members already entitled to assistance and enabling them to receive additional benefits such as extended periods of housing subsidy and exemption from the usual five-year qualifying period of service. The benefits vary, offering between two to five additional years of subsidy depending on the length of service rendered. The geographic scope of this declaration is limited to Sierra Leone, and the instrument operates under the Legislative Instruments Act 2003, taking effect from the specified date of 15 January 2001.
Key Provisions
The Defence Force (Home Loans Assistance) Act 1990 (the Act) includes specific provisions to assist members of the Australian Defence Force (ADF) with housing loans. Section 3C of the Act allows the Minister to declare certain service as warlike service, which qualifies members for housing loan subsidies. This particular legislative instrument, F2007L00982, is a Declaration of warlike service for ADF members involved in Operation HUSKY in Sierra Leone, commencing from 15 January 2001. This declaration identifies Sierra Leone as the area of operation and confirms that service in this location during the specified period qualifies as warlike service under the Act.
Under this Act, the obligations on the parties primarily involve the Minister's declaration of warlike service and the eligibility criteria for ADF members. The Minister's role is to declare specific service as warlike service, which then qualifies ADF members for housing loan subsidies. The ADF members, in turn, must meet the criteria set out in the Act, such as having rendered warlike service in the declared area during the specified period. This declaration ensures that ADF members who served in Sierra Leone during Operation HUSKY receive the housing loan subsidies to which they are entitled.
Breach of the provisions set out in the Act or the Agreement can lead to various consequences. While the Act does not explicitly detail offences or penalties, failure to comply with the declaration or misuse of the benefits could potentially result in legal action. The retrospective effect of this Declaration is designed to ensure that ADF members who have already rendered warlike service and are entitled to assistance under the Act can receive additional benefits. However, this retrospective application does not affect the rights of any individuals or impose liabilities on anyone other than the Commonwealth for actions taken before the Declaration was registered.
The Defence Force (Home Loans Assistance) Act 1990 and this legislative instrument aim to provide a clear framework for recognising and supporting ADF members who have served in warlike conditions. By declaring Operation HUSKY service as warlike, the Act ensures that eligible ADF members can access the housing loan subsidies they deserve, thereby recognising their service and commitment to their country. The instrument's retrospective effect ensures that current and former ADF members who have already served in Sierra Leone can benefit from these provisions without any adverse impact on their rights or the rights of others.