EXPLANATORY STATEMENT
Defence Force (Home Loans Assistance) Act 1990
Declaration of warlike service (Operation SLIPPER)
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 United States Led Response to International Terrorism on Operation SLIPPER, as warlike service for the purpose of the Act during the period 11 October 2001 to 30 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 SLIPPER 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 Australian Defence Force who is allotted for duty on Operation SLIPPER.
Clause 4(c) provides that the Declaration applies for the period 11 October 2001 to 30 July 2009, the period Australian Defence Force personnel were deployed on Operation SLIPPER within the specified areas defined in clause 4(a).
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 members of the Australian Defence Force (ADF) who render warlike service. This Act, supplemented by the Agreement incorporated within it, aims to support ADF members and their families by offering financial assistance through housing subsidies. The Act was introduced by the Parliament of Australia to address the specific needs of ADF personnel engaged in warlike activities, ensuring they receive adequate support in the form of housing benefits. The explanatory statement for the Defence Force (Home Loans Assistance) Act 1990 Declaration of Warlike Service (Operation SLIPPER) specifies that ADF contributions to the United States-led response to international terrorism under Operation SLIPPER, from 11 October 2001 to 30 July 2009, are recognised as warlike service. This recognition entitles eligible ADF members to additional housing subsidy periods, ranging from two to five years, depending on the duration of their service, and exempts them from the usual five-year qualifying service period.
Scope and Application
The Defence Force (Home Loans Assistance) Act 1990 applies to members of the Australian Defence Force (ADF) who are allotted for duty on Operation SLIPPER, which was the Australian Defence Force's contribution to the United States-led Response to International Terrorism. This Act provides for the payment of housing loan subsidies for these ADF members for their warlike service during the specified period from 11 October 2001 to 30 July 2009. The benefits under the Act include additional periods of housing subsidy and an exemption from the five-year qualifying period of service, with the additional years of subsidy ranging from two to five years depending on the duration of the warlike service rendered. This legislation has a specific geographic and temporal reach, applying only to ADF personnel during the declared period of Operation SLIPPER in the specified areas. The application of the Act extends through the Declaration which revokes any previous Declaration for Operation SLIPPER and sets out the commencement and operational area of this new Declaration. The authority for this Declaration is derived from Subsection 3C(1) of the Defence Force (Home Loans Assistance) Act 1990.
Key Provisions
The Defence Force (Home Loans Assistance) Act 1990, as amended by this Declaration, allows the Minister to declare specific military duties as "warlike service" under subsection 3C(1). This particular Declaration, referenced as Clause 1, applies to ADF members participating in Operation SLIPPER from 11 October 2001 to 30 July 2009. Clause 2 revokes any previous Declarations related to Operation SLIPPER and establishes this Declaration as the current governing instrument. The Declaration comes into effect on the day following its registration, as outlined in Clause 3. Clause 4(a) defines the operational areas covered by this Declaration, while Clause 4(b) specifies that it applies to ADF members assigned to Operation SLIPPER. Clause 4(c) further clarifies that the Declaration pertains to ADF personnel deployed during the specified period.
The Act imposes obligations on the Australian Government to provide housing loan subsidies to eligible ADF members who have served in warlike conditions. The benefits include additional periods of housing subsidy and exemption from the five-year qualifying service period. The duration of additional subsidy ranges from two years for service of less than three months to five years for service exceeding nine months. These provisions are designed to support ADF members who have undertaken warlike service during Operation SLIPPER.
The Act does not explicitly outline specific offences, penalties, or consequences for non-compliance in this Declaration. However, any breach of the terms or conditions set out in the Act could potentially lead to civil or administrative penalties. These may include financial penalties, recovery of benefits, or other corrective measures as deemed appropriate by the relevant authorities. It is important for all parties involved to adhere to the provisions of the Act to avoid any legal repercussions.