EXPLANATORY STATEMENT
Defence Force (Home Loans Assistance) Act 1990
Declaration of warlike service (Operation PALATE II)
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 II, as warlike service for the purpose of the Act.
This Declaration applies to service which commenced on and from 27 June 2005, the day that members of the ADF began warlike service in Operation PALATE II.
Paragraph (a) declares that the area of operation for the purposes of the Declaration comprises Afghanistan and that service as a member of the ADF on Operation PALATE II 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 (b) 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 are rendering or have rendered warlike service on Operation PALATE II 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, enacted by the Australian Parliament, was established to provide housing loan subsidies for certain members of the Australian Defence Force (ADF). The Act aims to alleviate the financial burden on ADF members who have served in warlike conditions by offering them additional benefits under the Defence HomeOwner Scheme. The Act was updated in 2005 with the Defence Force (Home Loans Assistance) (Declaration of Warlike Service) Declaration 2005 to address the specific needs of ADF members serving in Operation PALATE II in Afghanistan. This declaration sought to recognise their service as warlike and entitle them to certain additional benefits, including extended housing subsidy periods and waivers of the five-year qualifying period. The declaration, which applies to service commencing on and from 27 June 2005, was registered on the Federal Register of Legislative Instruments and came into effect the day after registration.
Scope and Application
The Defence Force (Home Loans Assistance) Act 1990 applies to certain members of the Australian Defence Force (ADF) who are eligible for housing loan subsidies under the Defence HomeOwner Scheme established by the Act. The scope of the Act includes members of the ADF who render or have rendered warlike service as specified under section 3C. This legislation specifically extends to those who participated in Operation PALATE II in Afghanistan, commencing from 27 June 2005, as declared under the Act. The geographic reach of this Act is limited to the areas of operation defined within the Act, in this instance, Afghanistan. The Act provides additional benefits such as extended periods of housing subsidy and a waiver of the five-year qualifying service period, contingent on the duration of warlike service rendered. This Declaration is an instrument under the Legislative Instruments Act 2003, which comes into effect the day after it is registered on the Federal Register of Legislative Instruments. The Act does not provide for any exclusions, exemptions, or thresholds other than those specified within its provisions.
Key Provisions
The Defence Force (Home Loans Assistance) Act 1990, as amended by this instrument, includes specific provisions that enable the Minister to declare certain military duties as warlike service (s. 3C). This Declaration pertains to members of the Australian Defence Force (ADF) engaged in Operation PALATE II, a mission with the United Nations Assistance Mission in Afghanistan. Specifically, this service is declared as warlike from 27 June 2005, the date when ADF personnel commenced their duties in this operation. The geographical scope of this warlike service is limited to Afghanistan, as outlined in the Act.
Under this Act, the primary obligation imposed on the ADF members is to ensure that they meet the eligibility criteria for the Defence HomeOwner Scheme. Those who qualify can access additional benefits, such as extended periods of housing subsidy and waivers of the five-year qualifying period of service. The extent of these benefits varies based on the duration of warlike service, with those serving for less than three months receiving up to two additional years of subsidy and those serving for more than nine months receiving up to five additional years.
In terms of consequences, the Act does not explicitly detail criminal or civil penalties for non-compliance or breach of its provisions. However, the primary focus is on the eligibility and administration of benefits, ensuring that ADF members who qualify for the Defence HomeOwner Scheme receive the additional support intended for those engaged in warlike service. This includes oversight to ensure that all claims for benefits are legitimate and made in accordance with the Act's provisions. The legislative framework underscores the importance of supporting ADF personnel through financial assistance, particularly those involved in warlike operations.