EXPLANATORY STATEMENT
Defence Force (Home Loans Assistance) Act 1990
Declaration of warlike service (Operation SOUTHERN 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 SOUTHERN 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 SOUTHERN WATCH.
Clause 3(c) of this Declaration specifies the period of effect of the Declaration to be 31 August 1992 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 SOUTHERN 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 for members of the Australian Defence Force who serve in warlike conditions. The purpose of this Act was to address the financial strain faced by defence personnel and their families due to military service, particularly in hazardous or conflict-related environments. This Act, along with its associated agreement, facilitates the provision of housing subsidies to eligible members, ensuring they receive some financial support during and after their service. The enacting body for this Act is the Parliament of Australia, reflecting the policy objective of supporting the welfare of defence personnel and their families. In the context of Operation SOUTHERN WATCH, the Defence Force (Home Loans Assistance) Act 1990 was extended to recognise service in the Iraq No-Fly-Zones as warlike service, thereby entitling members to additional housing subsidies and exemptions from certain qualifying periods. This legislative measure ensures that ADF members who participated in this operation receive the benefits they are entitled to under the Act.
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 SOUTHERN WATCH, a coalition force operation that patrolled the Iraq No-Fly-Zones. The Act provides for the payment of housing loan subsidies to eligible members who render warlike service. This is facilitated through a Declaration under subsection 3C(1) of the Act, which specifies the duty in Iraq from 31 August 1992 to 12 January 2003 as warlike service. The Declaration, which comes into effect the day after its registration on the Federal Register of Legislative Instruments, enables retrospective benefits for ADF members who have already been entitled to assistance under the Act. These benefits include additional periods of housing subsidy and exemptions from the five-year qualifying service period, depending on the length of warlike service rendered. The application of this Declaration is limited to ADF members involved in Operation SOUTHERN WATCH, and it does not affect any existing rights or impose liabilities other than on the Commonwealth for actions prior to its registration.
Key Provisions
The Defence Force (Home Loans Assistance) Act 1990 (the Act) provides housing loan subsidies for certain members of the Australian Defence Force (ADF) who have served in warlike conditions. Specifically, section 3C(1) allows the Minister to declare specific duties as warlike service for the purposes of the Act. This legislative instrument declares duty with the United States elements of the coalition force operation to patrol the Iraq No-Fly-Zones on Operation SOUTHERN WATCH as warlike service, thereby entitling eligible ADF members to certain additional benefits under the Act.
Under this Declaration, clause 3(a) specifies the area of operations for the purpose of the Declaration as comprising Iraq. Clause 3(b) states that the Declaration applies to a member of the ADF who is allotted for duty on Operation SOUTHERN WATCH. Clause 3(c) specifies the period of effect of the Declaration as from 31 August 1992 to 12 January 2003. The retrospective effect of the Declaration ensures that ADF members who have already rendered warlike service on Operation SOUTHERN WATCH and are entitled to assistance under the Act and the Agreement, can now receive additional benefits under the Act.
The obligations imposed by this Declaration primarily concern the ADF members who have served in the specified warlike conditions on Operation SOUTHERN WATCH. They are entitled to additional housing loan subsidies and exemptions from the five-year qualifying period of service. The benefits range from two additional years of subsidy for warlike service of less than three months, to five additional years for warlike service of more than nine months. This ensures that those who have served in these conditions are appropriately compensated.
Regarding offences, penalties, or consequences for breach, the Declaration does not explicitly state any specific penalties for non-compliance. However, the entitlement to additional benefits under the Act is contingent on the ADF member meeting the criteria of service in warlike conditions on Operation SOUTHERN WATCH within the specified period. Failure to meet these criteria would result in the ineligibility for the additional benefits outlined in the Declaration.