EXPLANATORY STATEMENT
Defence Force (Home Loans Assistance) Act 1990
Declaration of warlike service (Operation KRUGER)
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 Australian Defence Force (ADF) contribution to the provision of security to the Australian Embassy in Iraq on Operation KRUGER, 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 Determination commences on 1 January 2009, the day that members of the ADF were first approved to deploy on warlike service on Operation KRUGER.
Clause 3(a) of this Declaration specifies the area of operations for the purpose of the Declaration as comprising Iraq while clause 3(b) provides that the Declaration applies to a member of the ADF who is allotted for duty on Operation KRUGER.
The retrospective effect of the Declaration is required to enable members of the ADF who have rendered warlike service on Operation KRUGER 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 for certain members of the Australian Defence Force (ADF). The Act was designed to address the financial strain that active duty can impose on ADF members, particularly when it comes to housing. The Parliament of Australia established this legislation to ensure that ADF members who serve in warlike conditions receive the necessary support, which includes housing assistance. The overarching policy objective of the Act is to provide financial relief and stability to ADF members and their families during and after their service.
The Explanatory Statement for F2009L00726 clarifies that the Defence Force (Home Loans Assistance) Act 1990 includes provisions for the Minister to declare duty as warlike service, which can entitle ADF members to additional benefits. Specifically, this explanatory statement pertains to the declaration of duty on Operation KRUGER in Iraq as warlike service, allowing eligible ADF members to receive additional housing loan subsidies and exemptions from the five-year qualifying service period. The declaration is retrospective to ensure that ADF members already serving and those who have served on Operation KRUGER are not disadvantaged. This measure is intended to support ADF members comprehensively, recognising their sacrifices and contributions to national security.
Scope and Application
The Defence Force (Home Loans Assistance) Act 1990 (the Act) is designed to provide housing loan subsidies for specific members of the Australian Defence Force (ADF) who undertake warlike service. This Act applies to ADF members who are allotted for duty in designated operations, such as Operation KRUGER in Iraq, which is declared as warlike service under this legislation. This particular declaration ensures that ADF personnel who contributed to the security of the Australian Embassy in Iraq are eligible for housing loan subsidies and other related benefits under the Act. The declaration, effective from 1 January 2009, also allows for retrospective application, granting eligible ADF members additional benefits such as extended housing subsidy periods and exemptions from the five-year qualifying service period, depending on the duration of their warlike service. This legislative measure is intended to support ADF members who have already rendered service and are entitled to assistance, ensuring they receive additional benefits without imposing liabilities on any other parties.
Key Provisions
The main operative sections of the Defence Force (Home Loans Assistance) Act 1990, as declared by the explanatory statement, enable the Minister to designate specific military operations as warlike service, thus qualifying members of the Australian Defence Force (ADF) for housing loan subsidies. This particular declaration (subsection 3C(1)) specifically identifies Operation KRUGER, which involved ADF members providing security for the Australian Embassy in Iraq, as warlike service under the Act. Clause 2 of the Declaration confirms that it comes into effect on 1 January 2009, the date when ADF personnel were first deployed on Operation KRUGER. Clause 3 further delineates that the declaration applies to ADF members assigned to Operation KRUGER and specifies that the area of operation is Iraq.
Under this Act, ADF members who are designated as having performed warlike service during Operation KRUGER are entitled to additional housing loan subsidies. These benefits extend beyond the standard provisions of the Act and the Agreement incorporated within it. Specifically, eligible members can receive additional periods of housing subsidy, ranging from two to five additional years, depending on the length of their service. Moreover, the typical five-year qualifying period of service for housing loan assistance is waived for these members. These enhancements are designed to recognise and reward the service of ADF personnel in high-risk operations.
The Act imposes several obligations on the parties involved. The Minister must declare specific military operations as warlike service, thereby qualifying ADF members for the associated benefits. ADF members must be allotted for duty on the declared operations to be eligible for the benefits. The Commonwealth is responsible for ensuring that these benefits are administered correctly and that eligible members receive the additional housing loan subsidies and exemptions they are entitled to under the Act.
Breaching the provisions of this Act could have civil or criminal consequences, although specific offences and penalties are not detailed in the explanatory statement. Typically, breaches of legislative requirements may lead to legal action, fines, or other penalties as prescribed by law. The Act itself does not specify maximum penalties, but the severity of consequences would depend on the nature and extent of the breach, as well as the applicable laws governing such actions. The overarching principle is to ensure that ADF members who have performed warlike service receive the benefits to which they are entitled, thereby upholding the spirit and intent of the legislation.