EXPLANATORY STATEMENT
Defence Force (Home Loans Assistance) Act 1990
Declaration of warlike service (Operation SLIPPER)
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).
Subsection 3C(1) 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 ADF contribution to the international coalition against terrorism on Operation SLIPPER, as warlike service for the purpose of the Act.
Clause 1 of this Declaration sets out the manner in which this Declaration may be cited.
Clause 2 of this Declaration provides that the Determination commences on 31 July 2009, the day that members of the ADF were first approved to deploy on warlike service on Operation SLIPPER within the newly defined specified area.
Clause 3(a) of this Declaration specifies the area of operations for the purpose of the Declaration while clause 3(b) provides that the Declaration applies to a member of the Australian Defence Force who is allotted for duty on Operation SLIPPER.
The retrospective effect of the Declaration is required to enable members of the ADF who have rendered warlike service on Operation SLIPPER 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 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: Subsection 3C(1) of the Defence Force (Home Loans Assistance) Act 1990
Overview
The Defence Force (Home Loans Assistance) Act 1990 was enacted to address the issue of providing housing loan subsidies to certain members of the Australian Defence Force (ADF) who have rendered warlike service. This Act, along with its incorporated Agreement, facilitates the payment of such subsidies. In response to ADF involvement in Operation SLIPPER, the Minister was empowered under subsection 3C(1) of the Act to declare duty as warlike service, thereby extending the scope of the benefits outlined in the Act. The explanatory statement accompanying the Declaration of warlike service (Operation SLIPPER) clarifies that this Declaration aims to recognise ADF service on Operation SLIPPER as warlike service, thus entitling eligible members to additional housing subsidies and waiving the five-year qualifying service period. The retrospective effect ensures that ADF members already entitled to assistance under the Act and Agreement are also eligible for these enhanced benefits. This Declaration, commencing on 31 July 2009, applies to ADF members allotted for duty on Operation SLIPPER and was introduced by the Minister under the authority of the Defence Force (Home Loans Assistance) Act 1990.
Scope and Application
The Defence Force (Home Loans Assistance) Act 1990, supplemented by the Defence Force (Home Loans Assistance) Act 1990 Declaration of warlike service (Operation SLIPPER), extends housing loan subsidies to certain members of the Australian Defence Force (ADF) who are involved in warlike service. Specifically, this legislation aims to provide financial assistance to ADF members who have participated in Operation SLIPPER, which is part of the international coalition against terrorism. The Act applies to ADF members allotted for duty on Operation SLIPPER within the specified operational area, which includes the geographical regions designated under Clause 3(a) of the Declaration. The legislation's retroactive effect ensures that ADF members who have already rendered warlike service on Operation SLIPPER and are entitled to assistance under the Act and its associated Agreement can also benefit from additional housing subsidies and an exemption from the five-year qualifying service period. These benefits vary depending on the duration of the warlike service rendered, ranging from two to five additional years of subsidy. The Declaration does not affect any pre-existing rights or impose liabilities on individuals except for the Commonwealth, as outlined in Clause 3(b).
Key Provisions
The Defence Force (Home Loans Assistance) Act 1990, as amended by the recent Declaration of warlike service (Operation SLIPPER), outlines specific provisions regarding housing loan subsidies for ADF members participating in designated warlike operations. Under Section 3C(1), the Minister can declare certain ADF duties as warlike service, which entitles eligible members to additional benefits. The current Declaration, effective from 31 July 2009, specifies that ADF service on Operation SLIPPER qualifies as warlike service. This includes defining the operational areas in Section 3(a) and applying the Declaration to ADF members deployed in these areas in Section 3(b).
The Act imposes several obligations on ADF members and the Commonwealth. Eligible ADF members must have been allotted for duty on Operation SLIPPER within the specified operational areas to qualify for the housing loan subsidies. The Commonwealth, through the Minister, must ensure that the criteria for warlike service are met and that eligible members are informed of their entitlements. Additionally, the Commonwealth is responsible for disbursing the additional housing subsidies and any exemptions from the five-year qualifying period of service as outlined in the Act.
Failure to comply with the provisions of the Act could result in civil or criminal consequences. While specific offences are not detailed in the Declaration, breaches of the Act could lead to penalties for non-compliance. The maximum penalties are not explicitly stated in the Declaration but could involve fines or other legal actions under the broader legislative framework governing ADF members and their entitlements. The retrospective application of the Declaration ensures that members who have already served and are entitled to benefits under the Act and the Agreement can receive the additional subsidies without any adverse effects on their rights or liabilities incurred prior to the Declaration's registration.