Defence (Re-establishment Loans) Repeal Regulations 2001 2001 No. 324
EXPLANATORY STATEMENT
STATUTORY RULES 2001 No. 324
Issued by the Authority of the Minister for Veterans' Affairs
Defence Legislation Amendment (Enhancement of the Reserves and Modernisation) Act 2001
Defence (Re-establishment Loans) Repeal Regulations 2001
Item 10 of Part 2 of Schedule 3 to the Defence Legislation Amendment (Enhancement of the Reserves and Modernisation) Act 2001 (the Act) provides that regulations may make provision, in relation to, among other things, the repeal of the Defence (Re-establishment) Act 1965 (the Re-establishment Act).
The purpose of the Regulations is to repeal the Defence (Re-establishment Loans) Regulations made under the Re-establishment Act, which has been repealed by the Act. The scheme which was in place under the Re-establishment Act and its Regulations has been replaced by a new scheme under the Act and the Defence Reserve Service (Protection) Regulations 2001 which provides access to loans and guarantees by members of the Defence Force who have rendered certain kinds of defence service.
Details of the Regulations are set out in the Attachment.
The Regulations commenced on gazettal.
ATTACHMENT
DEFENCE (RE-ESTABLISHMENT LOANS) REPEAL REGULATIONS
Regulation 1 names the Regulations as the Defence (Re-establishment Loans) Repeal Regulations 2001.
Regulation 2 provides that the Regulations commenced on gazettal.
Regulation 3 repeals the following Statutory Rules -
• 1967 Nos 102 and 174. Statutory Rule No. 102 was the original Defence (Re-establishment Loans) Regulations. Statutory Rule No. 174 repealed and amended Regulation 7 to provide that certain loans did not bear interest. It also included the prescribed rate of interest in relation to a loan.
• 1973 Nos 53 and 286. Statutory Rule No. 53 provided for "prescribed authorities" for the purposes of the Regulations. Statutory Rule No. 286 amended the definition provisions in the Regulations.
• 1975 No. 43. This Statutory Rule amended the definition provisions and also increased the amount of a loan available under the Regulations.
• 1978 No. 204. This Statutory Rule prescribed various forms of primary production for the purposes of the Regulations.
• 1982 No. 112. This Statutory Rule amended the definition provisions.
• 1986 No. 231. This Statutory Rule amended the definition provisions in the Regulations.
Overview
The Defence (Re-establishment Loans) Repeal Regulations 2001 were enacted under the authority of the Minister for Veterans' Affairs as a legislative instrument to support the Defence Legislation Amendment (Enhancement of the Reserves and Modernisation) Act 2001. The primary purpose of these Regulations is to repeal the Defence (Re-establishment Loans) Regulations, which were made under the Defence (Re-establishment) Act 1965, and which has been repealed by the 2001 Act. The Re-establishment Act and its associated regulations had previously provided a framework for loans and guarantees to Defence Force members who had rendered specific defence service, but this scheme has now been replaced by a new arrangement under the 2001 Act and the Defence Reserve Service (Protection) Regulations 2001. The policy objective underpinning this legislative amendment is to modernise and enhance the reserves of the Australian Defence Force, ensuring that members have access to updated financial support mechanisms that better reflect contemporary needs and obligations.
Scope and Application
The Defence (Re-establishment Loans) Repeal Regulations 2001 apply to the repeal of the Defence (Re-establishment Loans) Regulations made under the Defence (Re-establishment) Act 1965, which has been repealed by the Defence Legislation Amendment (Enhancement of the Reserves and Modernisation) Act 2001. These Regulations were made under Item 10 of Part 2 of Schedule 3 of the 2001 Act, and they serve to repeal the previously existing regulations regarding loans provided to members of the Defence Force who have rendered certain kinds of defence service. The repeal of these regulations is part of a broader scheme that replaces the old provisions with new ones under the 2001 Act and the Defence Reserve Service (Protection) Regulations 2001. The Regulations themselves commenced on gazettal, indicating their immediate applicability from the date of publication. The repealed regulations included various amendments and definitions pertinent to the loans scheme, reflecting changes over time to accommodate evolving needs within the Defence Force.
Key Provisions
The Defence (Re-establishment Loans) Repeal Regulations 2001 (the Regulations) were made under Item 10 of Part 2 of Schedule 3 to the Defence Legislation Amendment (Enhancement of the Reserves and Modernisation) Act 2001 (the Act). The main operative sections of the Regulations (Regulation 3) repeal several previous Statutory Rules that had been made under the repealed Defence (Re-establishment) Act 1965 (the Re-establishment Act). Specifically, Regulation 3 repeals Statutory Rules 1967 Nos 102 and 174, 1973 Nos 53 and 286, 1975 No. 43, 1978 No. 204, 1982 No. 112, and 1986 No. 231. The Regulations themselves came into effect on gazettal, as stipulated in Regulation 2.
The Regulations impose obligations on parties affected by the repealed Re-establishment Act and its associated regulations by officially repealing them and replacing them with a new scheme under the Act and the Defence Reserve Service (Protection) Regulations 2001. This new scheme provides access to loans and guarantees for members of the Defence Force who have rendered certain kinds of defence service. This transition ensures that any existing arrangements or entitlements under the old scheme are appropriately addressed under the new legislative framework.
Breaching the provisions of the Regulations could result in civil or criminal consequences, depending on the nature and severity of the breach. Under Australian law, penalties for non-compliance with statutory rules can vary significantly, and in some cases, may include fines or imprisonment. However, the specific offences, penalties, or consequences for breach are not detailed within the text of the Regulations themselves. Instead, these would be governed by the broader legislative framework under which the Regulations were made, including the Act and any other relevant laws. The maximum penalties, if applicable, would be determined in accordance with the provisions of the Act and any other pertinent legislation.