EXPLANATORY STATEMENT
Military Rehabilitation and Compensation (Warlike Service) Determination 2010/1
This Determination revokes and replaces the Military Rehabilitation and Compensation (Warlike Service) Determination 2009/3 ("Determination 2009/3"), 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 amend the existing list of seven operations referred to in Determination 2009/3, by adding an end date to Operation CATALYST (item 1). The references to the other operations in this Determination are identical to those set out previously in Determination 2009/3.
Clause 1 of this Determination sets out the manner in which this Determination may be cited.
Clause 2 of this Determination revokes Determination 2009/3 and provides that this Determination replaces that earlier instrument.
Clause 3 of this Determination provides that the Determination commences on the day after it is registered.
Clause 4 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 includes an end date for item 1. In the previous version of the Schedule under Determination 2009/3, item 1 did not have an end date.
This Determination does not affect the rights of any persons (other than the Commonwealth) so as to disadvantage those persons nor does it impose liabilities (other than on the Commonwealth) in respect of anything done before the date this Determination commences.
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 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