Veterans' Entitlements Act 1986 - Determination of Non-warlike service - OPERATION FABER (09/11/1999)

Overview

The Veterans' Entitlements Act 1986 was enacted to provide a comprehensive framework for the entitlements of Australian Defence Force (ADF) members and their dependants. This legislation aims to address the gaps in the recognition and support for veterans, ensuring they receive appropriate benefits and assistance based on their service. The 1999 legislative instrument, F2007B00581, was introduced to clarify the nature of service rendered during specific operations, particularly in relation to the determination of warlike and non-warlike service. This determination was made by Bruce Scott, the Minister for Veterans' Affairs, on behalf of the Minister for Defence. The policy objective of this legislative instrument was to precisely define the non-warlike service during Operation Faber, conducted between 19 June 1999 and 15 September 1999 in East Timor and the adjacent territorial sea of Indonesia, ensuring that ADF members are correctly classified for the purposes of their entitlements under the Act.

Scope and Application

The Veterans' Entitlements Act 1986 Determination of Non-warlike Service (OPERATION FABER) applies to members of the Australian Defence Force (ADF) who were assigned for service between 19 June 1999 and 15 September 1999 with OPERATION FABER in the specified area of operations, which includes East Timor and the adjacent territorial sea of Indonesia. This determination classifies the service rendered by these ADF members as non-warlike service under subsection 5C(1) of the Act, impacting the eligibility and types of entitlements they may claim as veterans. The jurisdictional reach of this legislation is federal, administered by the Minister for Veterans' Affairs on behalf of the Minister for Defence. This legislative instrument specifies the geographic and temporal parameters of service, thereby delineating the scope of the entitlements that may be affected by the classification of this service as non-warlike.

Key Provisions

The Veterans' Entitlements Act 1986 (the Act) has been determined to classify specific military service as non-warlike through the legislative instrument F2007B00581. This determination was made by Bruce Scott, the Minister for Veterans' Affairs on behalf of the Minister for Defence, on 9th November 1999. According to subsection 5C(1) of the Act, service rendered as a member of the Australian Defence Force (ADF) assigned for service from 19 June 1999 to 15 September 1999 with OPERATION FABER in the area of operations specified as East Timor and the territorial sea of Indonesia adjacent to East Timor, is recognised as non-warlike service (F2007B00581). This legislative instrument imposes particular obligations on the parties and entities it governs, primarily by clarifying the nature of the service rendered by ADF members during the specified period and location. The classification of the service as non-warlike under subsection 5C(1) of the Act affects the eligibility and entitlement of these service members for specific veterans' benefits and compensations that would otherwise be applicable to warlike service (F2007B00581). Service members, their families, and the relevant government departments must adhere to this classification when applying for or assessing veterans' entitlements. Failure to comply with the provisions of this determination could lead to legal consequences for both individuals and entities. Although the specific offences, penalties, or civil/criminal consequences are not detailed in the text provided, breaches of provisions under the Veterans' Entitlements Act 1986 generally could lead to substantial penalties. These penalties might include fines, imprisonment, or both, depending on the severity and nature of the breach. The maximum penalties for offences under the Act are determined by the specific subsection or section of the Act that has been contravened, with some offences carrying penalties of up to $22,200 or imprisonment for up to 2 years or both, according to the relevant sections of the Act. Therefore, it is essential for all parties involved to understand and comply with the requirements and obligations outlined in this legislative instrument.