EXPLANATORY STATEMENT
Defence Force (Home Loans Assistance) Act 1990
Declaration of warlike service (Operation PALATE)
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 United Nations Assistance Mission in Afghanistan, on Operation PALATE, as warlike service for the purpose of the Act.
The Declaration applies to service which commenced on 18 April 2003, the day that members of the ADF began warlike service in Operation PALATE.
Paragraph (a) revokes the Declaration of Warlike Service, Operation PALATE dated 18 June 2003.
Paragraph (b) declares that the area of operation for the purposes of the Declaration comprises Afghanistan and that service as a member of the Australian Defence Force on Operation PALATE during the period specified in the Declaration is warlike service for the purposes of section 3C of the Act.
As this Declaration is an instrument to which the Legislative Instruments Act 2003 (the LIA) applies, paragraph (c) provides that the Declaration commences on the day after it is registered on the Federal Register of Legislative Instruments.
The effect of this Declaration is that it will enable members of the ADF who have rendered warlike service on Operation PALATE and are entitled to assistance under the Defence HomeOwner Scheme established under the Act and the Agreement to certain additional benefits under the Act.
These benefits entitle a person who is rendering or has rendered warlike service to additional periods of housing subsidy as well as a waiver 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 and inappropriate 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 was enacted to provide housing loan subsidies to certain members of the Australian Defence Force who undertake warlike service. The Act, along with its associated Agreement, offers financial assistance to eligible members, including extended housing subsidies and waivers of certain qualifying periods. The Parliament introduced this Act to address the need for financial support for Defence personnel engaged in warlike activities, ensuring they receive adequate housing assistance upon their return from service. The Act’s policy objective is to provide financial stability and support to Defence Force members who have served in warlike conditions. In this context, the explanatory statement declares service with the United Nations Assistance Mission in Afghanistan, under Operation PALATE, as warlike service, entitling members to additional benefits under the Act. This declaration revokes a previous declaration dated 18 June 2003 and specifies that the operation area includes Afghanistan, with service rendered during the defined period considered warlike service under section 3C of the Act.
Scope and Application
The Defence Force (Home Loans Assistance) Act 1990 applies to certain members of the Australian Defence Force (ADF) who qualify for housing loan subsidies under the Act and its incorporated Agreement. Specifically, Section 3C of the Act empowers the Minister to declare particular duties as warlike service, thereby entitling eligible ADF members to additional benefits. The Declaration of Warlike Service concerning Operation PALATE in Afghanistan, which commenced on 18 April 2003, designates such service as warlike for the purposes of the Act. This means that ADF members who served in Afghanistan as part of Operation PALATE are eligible for extra housing subsidies and a waiver of the five-year qualifying service period. The extent of additional subsidy years varies depending on the length of service, ranging from two extra years for service of less than three months to five extra years for service exceeding nine months. This Declaration supersedes the previous Declaration dated 18 June 2003 and becomes effective upon its registration on the Federal Register of Legislative Instruments under the Legislative Instruments Act 2003.
Key Provisions
The Defence Force (Home Loans Assistance) Act 1990 (the Act) includes specific provisions that govern the payment of housing loan subsidies for certain members of the Australian Defence Force (ADF). Section 3C of the Act is pivotal as it empowers the Minister to declare service as warlike for the purposes of the Act. This section is crucial for determining the eligibility of ADF members for additional housing benefits. The recent Declaration of Warlike Service, Operation PALATE, specifies that service in Afghanistan as part of this operation, which began on 18 April 2003, qualifies as warlike service under section 3C. This declaration ensures that ADF members who served in Afghanistan during Operation PALATE can access certain benefits, including extended periods of housing subsidy and a waiver of the five-year qualifying service period.
The obligations imposed by the Act on ADF members who qualify for housing assistance under this declaration are to ensure they meet the eligibility criteria set out in the Act and the Agreement. This includes providing evidence of service during Operation PALATE and satisfying any other conditions stipulated under the Defence HomeOwner Scheme. The Act also requires these members to maintain their eligibility by complying with the terms and conditions of their housing loans and any other requirements specified by the Minister. Failure to meet these obligations could result in the loss of entitlement to the housing benefits provided under the Act.
The consequences for breaching the provisions of the Defence Force (Home Loans Assistance) Act 1990 can be significant. Although the Explanatory Statement does not detail specific offences, the penalties for breaches of the Act could include fines and other civil or criminal sanctions as prescribed by Australian law. For instance, any fraudulent claims or misrepresentations made in connection with the housing loan assistance could result in criminal charges and penalties. Additionally, the revocation of benefits or the imposition of financial penalties may apply to those who fail to comply with the Act's requirements. The specific penalties would be determined in accordance with the applicable laws and the severity of the breach.