EXPLANATORY STATEMENT
Defence Force (Home Loans Assistance) Act 1990
Declaration of warlike service – Cambodia and Somalia
The Defence Force (Home Loans Assistance) Act 1990 (the Act), together with the Agreement incorporated in the Act, provides for the payment of housing loan subsidies for certain members of the Australian Defence Force (the ADF).
Section 3C of the Act enables the Minister to declare duty to be warlike service for the purposes of the Act.
The purpose of this instrument is to declare the following service as warlike service for the purpose of the Act:
- the United Nations Advance Mission in Cambodia or the United Nations Transitional Authority in Cambodia after 19 October 1991 and before 8 October 1993; and
- the United Nations Operations in Somalia or the Unified Task Force after 19 October 1992.
This Declaration is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (the LIA).
Paragraph 3(b) declares that the area of operation for service in Cambodia for the purposes of the Declaration as one or more of the following places:
- Cambodia, and
- areas in Laos and Thailand that are not more than 50 kilometres from Cambodia.
Paragraph 4(b) declares that the area of operation for service in Somalia for the purposes of the Declaration as one or more of the following places:
- Somalia,
- areas in Ethiopia and Kenya that are not more than 20 km from Somalia,
- areas in Djibouti that are not more than 10 km from Somalia, and
- territorial waters that are not more than 12 nautical miles from the coastline of Somalia.
The instrument takes effect from the 1 January 2008 in accordance with item 2 of the table in subsection 29(1) of the Legislative Instruments Act 2003.
The retrospective effect of the Declaration is required to enable members of the ADF who have rendered warlike service in Cambodia or Somalia and are already entitled to assistance under the Act and the Agreement, to certain additional benefits under the Act. The retrospective application of this Declaration does not affect the rights of any persons nor does it impose liabilities (other than on the Commonwealth) in respect of anything done before the date of the Declaration is registered.
These benefits entitle an eligible person who rendered warlike service to additional periods of housing subsidy as well as an exemption of the five year qualifying period of service. The entitlement to additional years of subsidy range from two additional years, for warlike service of less than three months, to five additional years for warlike service of more than nine months.
Consultation was considered unnecessary pursuant to section 18 of the LIA because the Declaration relates to the service of members of the ADF.
Authority: Section 3C of the Defence Force (Home Loans Assistance) Act 1990
Overview
The Defence Force (Home Loans Assistance) Act 1990 was enacted to provide housing loan subsidies to certain members of the Australian Defence Force (ADF) who have rendered warlike service. This legislation aims to support ADF members who have participated in operations that qualify as warlike service by offering them housing assistance. The policy objective is to provide financial support to those who have served in conflict zones, helping to alleviate some of the economic burdens that may arise from their service. The Commonwealth Parliament has the authority to declare specific service periods as warlike service under Section 3C of the Act, and the recent legislative instrument declares service in Cambodia and Somalia during specified periods as warlike service. This declaration entitles eligible ADF members to additional housing subsidies and exemptions from certain qualifying periods, thereby providing them with financial relief and recognising their contributions.
Scope and Application
The Defence Force (Home Loans Assistance) Act 1990 applies to eligible members of the Australian Defence Force (ADF) who have rendered warlike service. Specifically, this Act provides for the payment of housing loan subsidies to these members, extending support to those who have served in designated warlike operations. The recent declaration under Section 3C of the Act specifies that service in the United Nations Advance Mission in Cambodia or the United Nations Transitional Authority in Cambodia between 19 October 1991 and 8 October 1993, as well as service in the United Nations Operations in Somalia or the Unified Task Force after 19 October 1992, qualifies as warlike service for the purposes of the Act. This encompasses service in Cambodia, areas in Laos and Thailand within 50 kilometres from Cambodia, Somalia, areas in Ethiopia and Kenya within 20 kilometres from Somalia, areas in Djibouti within 10 kilometres from Somalia, and territorial waters within 12 nautical miles from the coastline of Somalia. The declaration, effective from 1 January 2008, allows for retrospective benefits, providing eligible ADF members with additional periods of housing subsidy and exemptions from the five-year qualifying period of service, contingent on the duration of their warlike service.
Key Provisions
The Defence Force (Home Loans Assistance) Act 1990 (the Act) includes specific provisions that govern the payment of housing loan subsidies to certain members of the Australian Defence Force (ADF). Section 3C of the Act empowers the Minister to declare certain military service as warlike service, which is a prerequisite for eligibility for the housing loan subsidies. This particular legislative instrument, F2008L00980, extends the definition of warlike service to include service in the United Nations Advance Mission in Cambodia or the United Nations Transitional Authority in Cambodia between 19 October 1991 and 8 October 1993, as well as service in the United Nations Operations in Somalia or the Unified Task Force after 19 October 1992. This declaration is crucial as it allows ADF members who have served in these operations to access additional benefits under the Act.
The obligations imposed by the Act on ADF members are primarily related to the eligibility criteria for receiving housing loan subsidies. To qualify, members must have rendered warlike service as defined in the Act. The eligibility criteria also include specific areas of operation, such as Cambodia and adjacent regions in Laos and Thailand, as well as Somalia and nearby regions in Ethiopia, Kenya, and Djibouti, and territorial waters within 12 nautical miles of Somalia’s coastline. These areas were specified to ensure that the benefits are limited to those who served in relevant conflict zones. The declaration also mandates that the benefits be applied retrospectively, thereby ensuring that ADF members who have already rendered warlike service and are entitled to assistance under the Act can receive additional benefits without any delay.
The Act outlines specific consequences for breaches of its provisions, although the instrument does not detail the penalties. Generally, breaches of defence-related legislation can lead to both civil and criminal penalties. Civil penalties may include fines, while criminal penalties could involve imprisonment, depending on the severity and nature of the breach. The Act ensures that the retrospective application of this declaration does not adversely affect any existing rights or impose new liabilities on individuals other than the Commonwealth. This means that while the benefits are backdated, no pre-existing rights are diminished, and no new liabilities are imposed on anyone except the federal government.
Overall, the Defence Force (Home Loans Assistance) Act 1990 and the accompanying legislative instrument aim to provide additional support to ADF members who have served in designated warlike operations in Cambodia and Somalia. By expanding the definition of warlike service, the Act ensures that eligible members can access extended housing loan subsidies and exemptions from the usual qualifying period of service. This support is designed to recognise and compensate for the unique challenges faced by those who have served in these conflict zones.