EXPLANATORY STATEMENT
Defence Force (Home Loans Assistance) Act 1990
Declaration of warlike service (Operation NORTHERN WATCH)
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 States elements of the coalition force operation to patrol the Iraq No-Fly-Zones on Operation NORTHERN WATCH, 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 NORTHERN WATCH.
Clause 3(c) of this Declaration specifies the period of effect of the Declaration to be 1 January 1997 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 NORTHERN WATCH 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 specific members of the Australian Defence Force (ADF). The Act, along with its incorporated Agreement, was designed to support ADF members by offering financial assistance in the form of housing loan subsidies. The explanatory statement for the Defence Force (Home Loans Assistance) Act 1990 (Declaration of Warlike Service (Operation NORTHERN WATCH)) specifies that this legislation was introduced to address the need to classify certain ADF duties as warlike service for the purposes of the Act. The relevant body responsible for enacting this legislation is the Australian Parliament. The policy objective outlined in the explanatory statement is to ensure that ADF members who participated in Operation NORTHERN WATCH, which involved patrolling the Iraq No-Fly-Zones, are eligible for additional housing loan subsidies and exemptions from the usual five-year qualifying service period. This is achieved by declaring their service as warlike, thereby entitling them to benefits ranging from two to five additional years of housing subsidy, depending on the duration of their service.
Scope and Application
The Defence Force (Home Loans Assistance) Act 1990, as supplemented by the Defence Force (Home Loans Assistance) Declaration of Warlike Service (Operation NORTHERN WATCH) 2007, pertains to members of the Australian Defence Force who were allotted for duty during Operation NORTHERN WATCH. This operation involved patrolling the Iraq No-Fly Zones, and the Act recognises such service as warlike for the purposes of providing housing loan subsidies. The declared period of effect runs from 1 January 1997 to 12 January 2003, and the Declaration allows for retrospective benefits to be provided to eligible ADF members who have already been recognised for warlike service under the Act, without imposing new liabilities on any parties other than the Commonwealth. The benefits include additional periods of housing subsidy and exemptions from the usual five-year qualifying service period, with the additional years of subsidy varying depending on the length of warlike service rendered. The Declaration applies to all ADF members who were on duty during the specified period in Iraq and is a Commonwealth initiative, extending its jurisdictional reach to cover ADF members involved in the specified operations.
Key Provisions
The Defence Force (Home Loans Assistance) Act 1990, through its subsection 3C(1), empowers the Minister to declare certain duties as warlike service, thereby making eligible members of the Australian Defence Force (ADF) for housing loan subsidies. Specifically, this declaration pertains to the duty with the United States elements of the coalition force operation to patrol the Iraq No-Fly Zones on Operation NORTHERN WATCH, from 1 January 1997 to 12 January 2003. The declaration, which is set to commence on the day following its registration under the Legislative Instruments Act 2003, aims to ensure that ADF members involved in this operation receive the housing loan subsidies to which they are entitled.
The declaration outlines the geographical scope of the operation, specifying Iraq as the area of operations (Clause 3(a)). It also clarifies that the declaration applies to ADF members who are allotted for duty on Operation NORTHERN WATCH (Clause 3(b)). The declaration’s retrospective effect ensures that ADF members who have already rendered warlike service and are entitled to assistance under the Act and the Agreement can access certain additional benefits, such as extended periods of housing subsidy and an exemption from the five-year qualifying period of service. These additional benefits include two additional years of subsidy for warlike service of less than three months, up to five additional years for warlike service of more than nine months (Clause 3(c)).
The declaration imposes certain obligations on the parties involved. ADF members must be allotted for duty on Operation NORTHERN WATCH to qualify for the benefits. The Commonwealth, on the other hand, must ensure that the declaration is properly registered and that the benefits are administered correctly. Additionally, any amendments or changes to the declaration must be made in accordance with the Legislative Instruments Act 2003.
Failure to comply with the provisions of the declaration may result in civil or criminal consequences. While the explanatory statement does not detail specific offences or penalties, breaches of the Act or the declaration could potentially lead to legal action under the general provisions of the relevant Acts. The exact penalties would depend on the nature and severity of the breach, but they could include fines or other sanctions as provided under the Defence Force (Home Loans Assistance) Act 1990 or the Legislative Instruments Act 2003.