Federal Register of Legislation - Australian Government

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SLI 2005 No. 304 Regulations as made
These Regulations amend the Defence Force (Home Loans Assistance) Regulations 1991 to reflect the making of Defence Determination 2005/15 which replaced Defence Determination 2003/21.
Administered by: Defence
Registered 21 Dec 2005
Tabling HistoryDate
Tabled HR07-Feb-2006
Tabled Senate07-Feb-2006
Date of repeal 19 Mar 2014
Repealed by Defence (Spent and Redundant Instruments) Repeal Regulation 2014

EXPLANATORY STATEMENT

 

Select Legislative Instrument 2005 No. 304

 

Defence Force (Home Loans Assistance) Act 1990

 

 

Issued by the authority of the Minister for Veterans' Affairs

 

Defence Force (Home Loans Assistance) Amendment Regulations 2005 (No. 1)

Section 40 of the Defence Force (Home Loans Assistance) Act 1990 (the Act) provides that the Governor-General may make regulations not inconsistent with the Act prescribing matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 

Section 11 of the Act provides, inter alia, that a member of the Australian Defence Force must have served a certain period of continuous service in order to obtain financial assistance. Section 7 of the Act provides that a member's full time service is not broken where prescribed leave is taken. Regulation 4 of the Defence Force (Home Loans Assistance) Regulations 1991(the Principal Regulations) provides that prescribed leave is:

·        compensation leave within the meaning of the Safety, Rehabilitation and Compensation Act 1988;

·        leave granted to a Member who is incapacitated for service or work and entitled to compensation under Part 3 of Chapter 4 of the Military Rehabilitation and Compensation Act 2004; and

·         leave without pay, parental leave or maternity leave granted pursuant to

Ministerial Determination 2003/21 made under section 58B of the Defence Act

1903.

 

The purpose of the Regulations is to reflect the replacement of Defence Determination 2003/21 with the new Defence Determination 2005/15,which inter alia, covers Maternity Leave, Parental Leave and Leave Without Pay. The Regulations also reflect the consequent renumbering of provisions in the new Determination relating to that leave.

The Act specifies no conditions that need to be met before the power to make the Regulations may be exercised.

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

There has been no consultation in the making of this instrument as it relates to the management of and the service of members of the Australian Defence Force.


The Regulations would, after they have been registered, be taken to have commenced on 31 May 2005, the same date as the commencement of Defence Determination 2005/15. Subsection 12(2) of the Legislative Instruments Act 2003 (LIA) prohibits the making of a regulation with a retrospective operation if such an amendment has the effect of adversely affecting the rights of a person or imposing a liability on such a person (other than the Commonwealth), for acts done before the notification of the regulation on the Federal Register of Legislative Instruments. The Attorney-General's Department has advised that, as the Regulations would not operate in such a manner, the retrospective commencement of the Regulations would not be prohibited by subsection 12(2) of the LIA.