EXPLANATORY STATEMENT
Defence Force (Home Loans Assistance) Act 1990
Declaration of warlike service (Operation PROVIDE COMFORT)
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 PROVIDE COMFORT, 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 PROVIDE COMFORT.
Clause 3(c) of this Declaration specifies the period of effect of the Declaration to be 1 August 1991 to 15 December 1996.
The retrospective effect of the Declaration is required to enable members of the ADF who have rendered warlike service on Operation PROVIDE COMFORT 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 (ADF) who have undertaken warlike service. The Act, along with its accompanying Agreement, facilitates financial support for ADF members who have served in circumstances deemed to be warlike operations, thus addressing the need for such financial assistance for those who have dedicated their service to the nation in challenging environments. The Act empowers the Minister to declare specific duties as warlike service, thereby extending the benefits available under the Act. The explanatory statement indicates that this particular Declaration, which was introduced to retrospectively acknowledge the service of ADF members in Operation PROVIDE COMFORT, aims to offer additional housing subsidies and exemptions from certain qualifying periods for those who have served in the Iraq No-Fly-Zones from 1 August 1991 to 15 December 1996. This initiative ensures that ADF members receive the recognition and support they deserve for their contributions during these operations.
Scope and Application
The Defence Force (Home Loans Assistance) Act 1990, as supplemented by the explanatory statement, provides a framework for the payment of housing loan subsidies to certain members of the Australian Defence Force who have rendered warlike service. Specifically, the Act allows the Minister to declare certain duties as warlike service, enabling eligible members to receive housing loan subsidies. The explanatory statement pertains to the declaration of duty with the United States elements of the coalition force operation to patrol the Iraq No-Fly-Zones on Operation PROVIDE COMFORT as warlike service. This declaration applies to ADF members allotted for duty on this operation within the specified geographical area of Iraq and time period from 1 August 1991 to 15 December 1996. The declaration's retrospective effect ensures that ADF members already entitled to assistance under the Act and the Agreement can access additional benefits, such as extended periods of housing subsidy and exemptions from the five-year qualifying service period. The explanatory statement underscores that the retrospective application does not impact the rights of any individuals nor impose liabilities on them, except for the Commonwealth, regarding actions taken before the declaration's registration. The legislative instruments act 2003 governs the registration and commencement of the declaration, which takes effect the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The Defence Force (Home Loans Assistance) Act 1990 (the Act) is a legislative instrument designed to provide financial assistance to certain members of the Australian Defence Force (ADF) who have engaged in warlike service. The Act, along with the incorporated Agreement, specifically allows for the payment of housing loan subsidies. Under subsection 3C(1) of the Act, the Minister has the authority to declare specific duty as warlike service, which then qualifies the ADF members for the benefits outlined in the Act. The recent Declaration of warlike service (Operation PROVIDE COMFORT) under this Act aims to recognise the service rendered by ADF members who participated in patrolling the Iraq No-Fly-Zones with the United States coalition forces as warlike service. This declaration is crucial for the purposes of granting these members additional benefits under the Act.
The obligations and requirements imposed by the Act on the ADF members and the Commonwealth are significant. For the ADF members, the key requirement is to have been allotted for duty on Operation PROVIDE COMFORT within the specified period of 1 August 1991 to 15 December 1996. The Act and its Agreement then entitle these members to housing loan subsidies, additional periods of subsidy, and an exemption from the five-year qualifying period of service. The Commonwealth, on the other hand, is obligated to ensure the payment of these subsidies to the eligible ADF members and to maintain the records and systems necessary to administer these benefits effectively.
Breach of the provisions of the Defence Force (Home Loans Assistance) Act 1990, or non-compliance with its requirements, can lead to various civil and criminal consequences. However, the text does not specify the exact offences, penalties, or consequences for breach. Generally, in such legislative contexts, breaches might result in the revocation of benefits, financial penalties, or legal actions against the defaulting party. The maximum penalties, if applicable, would be determined by the courts based on the nature and severity of the breach. The Act ensures that the rights of the ADF members are protected, and any liabilities arising from its provisions apply primarily to the Commonwealth.