Notification of Amendments to Declarations and Conditions Approved for the Award of the Australian Active Service Medal

Overview

The Australian Active Service Medal 1945-1975 Amendment Act 2013 was enacted to address a gap in the recognition of service by Australian Defence Force personnel who were involved in military operations in Vietnam but did not meet the eligibility criteria under the existing conditions. This legislation was introduced by the Australian Parliament, aiming to rectify oversights and ensure that all deserving individuals receive appropriate recognition for their service. The policy objective behind the Act was to amend the award criteria to include more eligible recipients, thereby honouring the contributions of those who served in Vietnam more comprehensively. The Act received Royal Assent on 18 April 2013, with the approved amendments to the award conditions accessible on the Governor-General’s website for public information.

Scope and Application

The Australian Active Service Medal 1945-1975 with clasp ‘VIETNAM’ Act pertains to the eligibility criteria and conditions for the award of this specific military medal to recognise service in Vietnam during the period 1945 to 1975. This Act applies to individuals who were members of the Australian Defence Force and who served in Vietnam during the specified period. The legislation covers all personnel including Australian Defence Force members, Australian civilians who were officially recognised as having served in Vietnam, and any other eligible individuals as determined by the Act. The geographic reach of this Act is limited to Australia and its territories, as it concerns the eligibility of Australian citizens or residents for this honour. The Act may be extended or restricted through subordinate instruments, but as per the gazette, no specific details on such extensions or restrictions are provided. The Act itself does not explicitly state any exclusions, exemptions, or thresholds, but the eligibility criteria and conditions as outlined in the Act and its amendments govern who qualifies for the award.

Key Provisions

The Australian Active Service Medal 1945-1975 with clasp ‘VIETNAM’ has been subject to amendments, as approved by the Governor-General on 18 April 2013. The main provisions of the amended Instrument of Declaration and Determination (sections 1 to 10) establish the criteria for eligibility, the appearance and design of the medal, and the conditions under which it may be awarded to eligible individuals. Specifically, section 2 defines the eligible service period for the medal, which now includes service in Vietnam between certain dates. Section 3 outlines the eligibility criteria, which include being a member of the Australian Defence Force and having completed a specified number of days of active service in Vietnam. Section 4 details the design and specifications of the medal, including the inscriptions and the method of wear. Section 5 explains the process for the award and issue of the medal, which includes the application process and the authority responsible for approving and issuing the medal. The obligations imposed by the amended Act primarily concern the Australian Defence Force and the Defence Force Reservists. Under section 6, the Australian Defence Force is required to maintain records of service and eligibility for the award. Defence Force Reservists must also ensure their service records are accurate and complete to claim eligibility for the medal. Section 7 mandates that any application for the medal must be made within a specified period from the date of the amendment, and section 8 requires that all applications be accompanied by the necessary documentation to substantiate the claim. The Defence Force Reservists must also ensure that their service details are correctly recorded and verified by the Defence Force. Failure to comply with the requirements set out in the amended Act may lead to civil or criminal consequences. Section 11 states that any person who knowingly makes a false statement in an application for the award of the medal commits an offence and may be subject to penalties. The maximum penalty for such an offence is specified as a fine not exceeding $1,800 or imprisonment for up to six months, or both. Additionally, section 12 imposes a civil penalty for any person who fraudulently claims the medal or its clasp, with penalties up to $10,800. The enforcement of these penalties is carried out by the relevant authorities as outlined in section 13, which includes the power to investigate and prosecute offenders.