EXPLANATORY STATEMENT
Defence Force (Home Loans Assistance) Act 1990
Declaration of warlike service (Operation BOLTON)
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).
Subsection 3C(1) of the Act enables the Minister to declare duty to be warlike service for the purposes of the Act.
The purpose of this Declaration is to declare duty with the United Kingdom elements of the coalition force operation to patrol the Iraq No-Fly-Zones on Operation BOLTON, as warlike service for the purpose of the Act.
Clause 1 of this Declaration sets out the manner in which this Declaration may be cited.
Clause 2 of this Declaration provides that the Declaration commences on the day after it is registered on the Federal Register of Legislative Instruments in accordance with the Legislative Instruments Act 2003 (LIA).
Clause 3(a) of this Declaration specifies the area of operations for the purpose of the Declaration as comprising Iraq.
Clause 3(b) of this Declaration provides that the Declaration applies to a member of the Australian Defence Force who is allotted for duty on Operation BOLTON.
Clause 3(c) of this Declaration specifies the period of effect of the Declaration to be 31 August 1992 to 12 January 2003.
The retrospective effect of the Declaration is required to enable members of the ADF who have rendered warlike service on Operation BOLTON 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 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 Determination relates to the service of members of the ADF.
Authority: Subsection 3C(1) 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 who have rendered warlike service. This legislation aims to offer financial support to ADF members who have participated in operations that qualify as warlike service, thereby alleviating some of the financial burdens associated with military service. The Act was introduced by the Parliament of Australia and its primary policy objective is to support ADF members through financial assistance in the form of housing loan subsidies. The explanatory statement regarding the Declaration of warlike service for Operation BOLTON clarifies that the Minister has the authority to declare specific duties as warlike service for the purposes of the Act, enabling eligible members to receive additional benefits such as extended periods of housing subsidy and exemptions from certain qualifying periods of service. This specific declaration applies retrospectively to ensure that ADF members who have already been entitled to assistance under the Act and the associated Agreement can access these additional benefits.
Scope and Application
The Defence Force (Home Loans Assistance) Act 1990, supplemented by the explanatory statement, is designed to provide housing loan subsidies to certain members of the Australian Defence Force (ADF) who undertake warlike service. This Act applies specifically to ADF members who are allotted for duty in specified operations, such as Operation BOLTON, which involved patrolling Iraq’s No-Fly-Zones in collaboration with United Kingdom elements of a coalition force. The operation's area of effect is explicitly defined as Iraq, and the declared warlike service period extends from 31 August 1992 to 12 January 2003. The explanatory statement clarifies that the declaration is retrospective to ensure that ADF members already entitled to benefits under the Act and the incorporated Agreement can receive additional housing subsidies and exemptions from the five-year qualifying service period. The retrospective nature of the declaration does not impact pre-existing rights or impose liabilities except on the Commonwealth. The benefits provided under this Act range from two to five additional years of housing subsidy, depending on the duration of warlike service rendered.
Key Provisions
The Defence Force (Home Loans Assistance) Act 1990, specifically through Subsection 3C(1), allows the Minister to declare particular duty as warlike service for the purposes of the Act. This legislative tool is being used to classify duty with the United Kingdom elements of the coalition force operation to patrol the Iraq No-Fly-Zones on Operation BOLTON as warlike service. This classification is crucial for determining eligibility for housing loan subsidies under the Act. Clause 1 of the Declaration provides the legal citation for this document, while Clause 2 ensures the Declaration comes into effect the day after it is registered on the Federal Register of Legislative Instruments in accordance with the Legislative Instruments Act 2003 (LIA).
The obligations imposed by this Declaration are specific to members of the Australian Defence Force (ADF) assigned to Operation BOLTON. Clause 3(a) of the Declaration defines the operational area as Iraq, while Clause 3(b) applies the provisions of the Declaration to ADF members serving on Operation BOLTON. Clause 3(c) specifies that the Declaration is effective from 31 August 1992 to 12 January 2003. The retrospective application of this Declaration ensures that ADF members who have already served on Operation BOLTON and are entitled to assistance under the Act and the incorporated Agreement can now access additional benefits. These benefits include extended periods of housing subsidy and exemptions from the five-year qualifying period of service, with the extent of additional subsidy varying based on the duration of warlike service rendered.
Under the Defence Force (Home Loans Assistance) Act 1990, breaches or non-compliance with the provisions of the Act and the accompanying Declaration can lead to significant consequences. While the Act itself does not specify particular offences or penalties within this Declaration, general legal frameworks and the underlying legislation provide for potential civil or criminal consequences for non-compliance. Typically, breaches of legislative instruments may result in fines, imprisonment, or other penalties as prescribed by the relevant laws. However, the primary focus of this Declaration is on the provision of benefits to eligible ADF members rather than on punitive measures.