Defence Force (Home Loans Assistance) Amendment Act 1991

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Defence Force (Home Loans Assistance) Amendment

Act 1991

No. 152 of 1991

 

An Act to amend the Defence Force (Home Loans

Assistance) Act 1990

[Assented to 21 October 1991]

The Parliament of Australia enacts:

Short title

1. This Act may be cited as the Defence Force (Home Loans Assistance) Amendment Act 1991.

Commencement

2.(1) Subject to subsection (2), this Act commences on the day on which it receives the Royal Assent.

(2) Paragraph 4(a) is taken to have commenced on 21 January 1991.

Principal Act

3. In this Act, "Principal Act" means the Defence Force (Home Loans Assistance) Act 19901.


Definitions

4. Section 3 of the Principal Act is amended:

(a) by inserting "Kuwait, Iraq," before "Bahrain" in paragraph (a) of the definition of "Middle-East operational area";

(b) by omitting the definition of "operational service member" and substituting the following definition:

" 'operational service member' means a person who is an operational service member under subsection 3A(1) or (3);".

5. After section 3 of the Principal Act the following section is inserted:

Operational service member

"3A.(1) A person is an operational service member for the purposes of this Act if:

(a) the person is a member; and

(b) the person is a non-DSH member; and

(c) the person is allotted for duty anywhere within the Middle-East operational area; and

(d) the duty includes duty sometime during the period that starts on 2 August 1990 and ends on 9 June 1991.

"(2) An allotment for duty:

(a) may be taken into account for the purposes of subsection (1) even though it takes effect retrospectively; and

(b) may be taken into account for the purposes of subsection (1) whether it occurs before or after the commencing day; and

(c) will not be taken into account for the purposes of subsection (1) unless it is made by written instrument signed by the Vice Chief of the Defence Force.

"(3) A person is also an operational service member for the purposes of this Act if:

(a) the person is a member; and

(b) the person is a non-DSH member because of an election under section 4BA of the DSH Act; and

(c) the person is an Australian Soldier for the purposes of the DSH Act because of paragraph (a), (b), (c), (g) or (ga) of the definition of 'Australian Soldier' in subsection 4(1) of the DSH Act.

Note 1: for paragraph (3)(b) see paragraph (b) of the definition of 'non-DSH member' in section 3 of this Act.

Note 2: the people referred to in paragraph (3)(c) served in operational areas in military conflicts before the Gulf conflict.".

When do former members stop being eligible members?

6. Section 4 of the Principal Act is amended by adding at the end the following subsection:


"(2) Subsection (1) does not apply to a person who has been an operational service member under subsection 3A(1).".

Application for certificate

7. Section 10 of the Principal Act is amended by adding at the end the following subsection:

"(4) Subsection (3) does not apply if the deceased eligible person was, or had been, an operational service member under subsection 3A(1).".

Criteria for issue of certificate

8. Section 12 of the Principal Act is amended by inserting in paragraph (1)(d) "under subsection 3A(3)" after "member".

Application for approval in relation to loan increase

9. Section 14 of the Principal Act is amended:

(a) by inserting after subsection (3) the following subsection:

"(3A) Subsection (3) does not apply to a person who has been an operational service member under subsection 3A(1).";

(b) by adding at the end the following subsection:

"(5) Subsection (4) does not apply if the deceased eligible person was, or had been, an operational service member under subsection 3A(1).".

Subsidy period—eligible persons

10. Section 23 of the Principal Act is amended:

(a) by omitting paragraph (b) of the definition of "entitlement period" in subsection (3) and substituting the following paragraphs:

"(b) in relation to a person who is or has been an operational service member under subsection 3A(1):

(i) if the member has served 16 completed years or less of effective full-time service—16 years; or

(ii) if the member has served more than 16, but not more than 20, completed years of effective full-time service—the number of completed years of effective full-time service served by the member; or

(iii) if the member has served more than 20 completed years of effective full-time service—20 years; or

"(ba) in relation to a member who is an operational service member under subsection 3A(3):

(i) if the member has served 20 completed years or less of effective full-time service—the number of


completed years of effective full-time service served by the member; or

(ii) if the member has served more than 20 completed years of effective full-time service—20 years.";

(b) by inserting in subsection (3) the following definition:

" 'rejoining member' does not include a person who has been an operational service member under subsection 3A(1).".

Subsidy period—widows and widowers

11. Section 24 of the Principal Act is amended by inserting after paragraph (a) of the definition of "prescribed member" in subsection (4) the following paragraph:

"(aa) who is not an operational service member; and".

__________________________________________________________________________________

NOTE

1. No. 14, 1991.

[Minister's second reading speech made in—

House of Representatives on 22 August 1991

Senate on 10 September 1991]

 

Overview

The Defence Force (Home Loans Assistance) Amendment Act 1991 was enacted by the Parliament of Australia to address the need for updated eligibility criteria and expanded coverage for home loan assistance for members of the Australian Defence Force, particularly in light of the Gulf War. The Act amends the Defence Force (Home Loans Assistance) Act 1990 to provide specific assistance to service members who were deployed to the Middle East operational area between 2 August 1990 and 9 June 1991. It achieves this by clarifying and expanding the definition of "operational service member," introducing new conditions for eligibility, and modifying various provisions to ensure that these service members and their families receive the support they need. The policy objective is to offer financial assistance and stability to defence personnel and their families who have been directly impacted by military operations in the Middle East during the specified period.

Scope and Application

The Defence Force (Home Loans Assistance) Amendment Act 1991 is an Australian legislative instrument designed to amend the Defence Force (Home Loans Assistance) Act 1990. This Act applies to members of the Australian Defence Force, particularly those who served in the Middle-East operational area during the period starting on 2 August 1990 and ending on 9 June 1991. The Act also applies to widows and widowers of deceased eligible persons who were operational service members. The amendment extends eligibility for home loan assistance and related benefits, with specific criteria for those who have served in designated conflict zones. The geographic reach of this Act is national, applying across all states and territories of Australia. There are no explicit exclusions or exemptions stated within the text of the Act; however, the Act does clarify who is eligible for its benefits through detailed definitions and conditions, such as the distinction between operational service members and rejoining members. The Act also allows for the extension or restriction of its application through subordinate instruments, which may provide further clarification or detail regarding the scope of eligibility and application processes.

Key Provisions

The Defence Force (Home Loans Assistance) Amendment Act 1991 (the Act) makes significant amendments to the Defence Force (Home Loans Assistance) Act 1990. The Act primarily seeks to extend the eligibility criteria for certain benefits, such as home loan assistance, to a broader range of service members who participated in the Gulf conflict between 2 August 1990 and 9 June 1991. Section 4 of the Act amends the definition of the "Middle-East operational area" to include Kuwait and Iraq, expanding the geographical scope of the conflict zone for eligibility purposes. Additionally, Section 3 redefines "operational service member" to include those who were allotted for duty in the Middle-East operational area during the specified period, regardless of whether the allotment was made before or after the Act’s commencement. The obligations imposed by the Act primarily concern the criteria for determining eligibility for home loan assistance. Section 3A specifies that a person qualifies as an operational service member if they are a member, a non-DSH member, and allotted for duty in the Middle-East operational area during the conflict period. The Act also mandates that any allotment for duty must be made by written instrument signed by the Vice Chief of the Defence Force. Furthermore, Section 7 modifies the application process for a certificate by excluding deceased eligible persons who were operational service members. Section 8 adjusts the criteria for issuing a certificate, and Section 9 changes the application process for loan increases, similarly excluding deceased eligible persons who were operational service members. The Act does not explicitly detail any specific offences, penalties, or civil/criminal consequences for breach. However, by amending eligibility criteria and processes for home loan assistance, the Act implicitly imposes strict conditions on who can claim benefits under the Defence Force (Home Loans Assistance) Act 1990. Non-compliance with these eligibility criteria could result in denial of benefits or other administrative consequences, although the Act does not specify these outcomes directly.

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Defence & Security Law
Instrument
Amending Act
Concepts
Definitions & Interpretation
Repeal & Amendment
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.