EXPLANATORY STATEMENT
Defence Force (Home Loans Assistance) Act 1990
Declaration of warlike service (Operation CATALYST)
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 ADF contribution in support of the United States led coalition operations in Iraq on Operation CATALYST, as warlike service for the purpose of the Act during the period 16 July 2003 to 31 July 2009.
Clause 1 of this Declaration sets out the manner in which this Declaration may be cited.
Clause 2 revokes the previous Declaration made for Operation CATALYST and provides that this Declaration replaces that earlier instrument.
Clause 3 of this Declaration provides that the Determination commences on the day after it is registered.
Clause 4(a) of this Declaration specifies the area of operations for the purpose of the Declaration.
Clause 4(b) provides that the Declaration applies to a member of the ADF who is allotted for duty on Operation CATALYST.
Clause 4(c) provides that the Declaration applies for the period 16 July 2003 to 31 July 2009, the period ADF personnel were deployed on Operation CATALYST within the specified area defined in clause 4(a).
This Declaration is a legislative instrument for the purposes of the Legislative Instruments Act 2003( the LIA).
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 Legislative Instruments Act 2003 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 members of the Australian Defence Force who rendered warlike service. This legislation aims to address the financial burdens faced by ADF members who serve in warlike conditions by offering them housing subsidies and exemptions from certain qualifying periods. The Act was enacted by the Parliament of Australia, with the specific policy objective of providing financial relief and support to ADF members who have served in warlike operations. In the context of Operation CATALYST, the Declaration of Warlike Service under the Act, which was issued in 2010, recognises the service of ADF personnel in support of the United States-led coalition operations in Iraq from 16 July 2003 to 31 July 2009 as warlike service. This determination allows eligible members to receive additional housing subsidies based on the duration of their service in these operations.
Scope and Application
The Defence Force (Home Loans Assistance) Act 1990, supplemented by this legislative instrument, provides housing loan subsidies for eligible members of the Australian Defence Force (ADF) who have undertaken warlike service. This Declaration specifically pertains to ADF personnel who were involved in Operation CATALYST, which was a part of the United States-led coalition operations in Iraq. The period covered by this Declaration is from 16 July 2003 to 31 July 2009. It revokes any previous declarations made for Operation CATALYST and establishes that the new Determination will commence the day after its registration. The Declaration applies to ADF members allotted for duty on Operation CATALYST within the specified operational area, granting them benefits such as extended periods of housing subsidy and an exemption from the five-year qualifying period of service. The extent of additional subsidy years varies depending on the duration of warlike service, ranging from two extra years for service of less than three months to five extra years for service exceeding nine months. The Declaration is a legislative instrument under the Legislative Instruments Act 2003 and, given its focus on ADF service, consultation was deemed unnecessary under section 18 of that Act.
Key Provisions
The main operative sections of the Defence Force (Home Loans Assistance) Act 1990, as declared under this legislative instrument, include section 3C(1), which empowers the Minister to declare warlike service for the purposes of the Act. Specifically, this Declaration (subsection 3C(1)) identifies the duty performed by ADF members in support of Operation CATALYST in Iraq from 16 July 2003 to 31 July 2009 as warlike service. This is crucial for eligibility for housing loan subsidies under the Act. Clause 4(a) specifies the area of operations relevant to this Declaration, Clause 4(b) applies the Declaration to ADF members allotted for duty on Operation CATALYST, and Clause 4(c) outlines the period of service covered by this declaration, namely from 16 July 2003 to 31 July 2009. The Declaration revokes any previous Declaration made for Operation CATALYST and specifies that the new Declaration commences on the day after it is registered, as stipulated in Clause 3.
This Act imposes several obligations and requirements on the parties it governs. Firstly, it mandates that the Minister, under section 3C(1), must make a determination regarding the warlike service status of ADF members. This determination is critical for establishing eligibility for housing loan subsidies. The Declaration outlines the specific conditions under which ADF members can be considered for these subsidies. It requires that the ADF members who served during the specified period on Operation CATALYST meet the criteria for warlike service. Additionally, it places a responsibility on the affected ADF members to provide any necessary documentation or proof of their service period and role in Operation CATALYST to substantiate their claims for housing loan subsidies.
In terms of offences, penalties, or civil/criminal consequences for breach, the Act does not explicitly outline specific penalties within this Declaration. However, any misuse of the benefits or fraudulent claims could potentially lead to legal consequences under general Australian law. The Act's purpose is to provide clarity and assistance to eligible ADF members, and any breach of the terms could result in the disqualification from the housing loan subsidies. The specific consequences for non-compliance would depend on the nature and severity of the breach, but could include civil or criminal penalties as determined by applicable laws.