.EXPLANATORY STATEMENT
Military Rehabilitation and Compensation (Warlike Service) Determination 2005
This Determination revokes and replaces the Military Rehabilitation and Compensation (Warlike Service) Determination 2004 ("the 2004 Determination"), made under paragraph 6 (1) (a) of the Military Rehabilitation and Compensation Act 2004 (the Act). Paragraph 6 (1) (a) of the Act defines warlike service as meaning service with the Australian Defence Force (the ADF) that is of a kind determined in writing by the Defence Minister to be warlike service for the purposes of the Act.
The purpose of this Determination is to replace the existing list of three operations referred to in the 2004 Determination, by adding an end date to OPERATION PALATE and adding a new operation, OPERATION PALATE II. The reference to the other operations in the 2004 Determination remain unchanged.
Clause 1 of this Determination sets out the manner in which this Determination may be cited.
Clause 2 of this Determination provides that the Determination commences on the day after it is registered, that is, on the Federal Register of Legislative Instruments (FRLI).
Clause 3 specifies that service in an operation described in Schedule 1 is warlike service for the purposes of paragraph 6(1)(a) of the Act.
Schedule 1 is amended by adding a sixth column titled “End date of operation”, the inclusion of an end date of 5 July 2004 for OPERATION PALATE and a commencement date for OPERATION PALATE II, effective from 27 June 2005.
This Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (the LIA) and commences on its registration on FRLI.
This Determination is exempt from disallowance pursuant to item 6A of Schedule 2 of the Legislative Instruments Regulations 2004 (the Regulations) and is also exempt from sunsetting pursuant to item 3A of Schedule 3 of the Regulations.
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: Paragraph 6(1)(a) of the Military Rehabilitation and Compensation Act 2004