Federal Register of Legislation - Australian Government

Primary content

Determinations/Veterans' Entitlements as amended, taking into account amendments up to Veterans’ Entitlements (Non-warlike Service) Amendment Determination 2020 (No. 1)
Administered by: Veterans' Affairs
Registered 26 Mar 2020
Start Date 18 Mar 2020
Table of contents.

 

Commonwealth Coat of Arms

Veterans' Entitlements (Non-warlike Service) Determination 2019

made under subsection 5C(1) of the Veterans' Entitlements Act 1986

Compilation No. 2               

Compilation date:                              18 March 2020

Includes amendments up to:            F2020L00263

 

About this compilation

 

This compilation

This is a compilation of the Veterans' Entitlements (Non-warlike Service) Determination 2019 that shows the text of the law as amended and in force on 18 March 2020 (the compilation date).

This compilation contains retrospective amendments made by F2020L00263.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

  

  

  



1  Name

                   This instrument is Veterans Entitlements Amendment (Non-warlike Service) Determination 2019 (No. 1).

3  Authority

                   This instrument is made under subsection 5C(1) of the Veterans’ Entitlements Act 1986.

Definitions

                   In this instrument:

                   Act means the Veterans’ Entitlements Act 1986.

                   NATO means the North Atlantic Treaty Organization.

6  Non-warlike service

                   Schedule 1 specifies service in the Defence Force that is non-warlike service for the purposes of the Act.

 


 

Schedule 1Non‑warlike service

Note:       See section 6.

  

  

1  Non‑warlike service

                   For the purposes of the definition of non‑warlike service in subsection 5C(1) of the Act:

                     (a)  service in the Defence Force in the Berlin Airlift operation is non‑warlike service if:

                              (i)  the service was as a member of the Royal Australian Air Force aircrew involved in the humanitarian aid operation conducted by the Western allies to assist West Berlin during the blockade of West Berlin by the Soviet Union; and

                             (ii)  the service occurred during the period 15 September 1948 to 29 August 1949; or

                     (b)  service in the Defence Force in an operation mentioned in an item of the following table is non‑warlike service if:

                              (i)  the service was in an area of operation mentioned in the item; and

                             (ii)  the service occurred during the period mentioned in the item in relation to that area of operation.

 

Non‑warlike service

Item

Name of operation

Nature of operation

Area of operation

Period

1

Banner

Defence Force contribution to the Cambodia Mine Action Centre and the United Nations Military Liaison Team

Cambodia and the areas of Laos and Thailand that are not more than 50 km from the border with Cambodia

8 October 1993–4 October 1999

2

 

Defence Force contribution to the United Nations Observer Mission in Guatemala

Guatemala

13 February 1997–12 May 1997

3

Vista

Defence Force withdrawal of non‑essential Australian personnel from Cambodia

Cambodia

5 July 1997–14 July 1997

4

 

Defence Force contribution to the United Nations Survey Team in Congo

Libreville (Gabon), Pointe Noire (Republic of the Congo) and Brazzaville (Republic of Congo)

25 July 1997–7 August 1997

5

Bel Isi and Bel Isi II

Defence Force contribution to the Truce Monitoring Group or the Peace Monitoring Group

Bougainville Island, Buka Island and the territorial waters of Papua New Guinea surrounding those islands

20 November 1997–26 August 2003

6

Pollard

Defence Force contribution to the Coalition Force in the Middle East

All sea, airspace and land North and West from 5°00′S, 68°00E and encompassing the outer boundaries of Pakistan, Afghanistan, Iran, Iraq, Jordan, Egypt, Sudan and Kenya

17 February 1998–1 October 2001

7

Agricola

 

Federal Republic of Yugoslavia, Albania and the Former Yugoslav Republic of Macedonia

25 February 1999–10 June 1999

8

Damask

Defence Force contribution to the Multi‑national Maritime Interception Force

The area:

(a) comprising all sea of the Arabian Gulf, the Gulf of Oman and the northern Arabian Sea bounded by latitude 20°00N and longitude 61°50′E; and

(b) including the ports adjacent to the area mentioned in paragraph (a), and the airfields and military facilities adjacent to those ports

18 March 1999–19 October 2001

9

Allied Force

Defence Force contribution to the NATO operation against the Federal Republic of Yugoslavia

Federal Republic of Yugoslavia, Albania, the Former Yugoslav Republic of Macedonia, the Adriatic Sea and NATO bases in Italy

15 April 1999–3 June 1999

10

Bolton

Defence Force contribution to the Coalition Force operation to patrol the Iraq No‑Fly‑Zone

Saudi Arabia, Kuwait and the Incirlik airbase in Turkey

13 May 1999–12 January 2003

11

Joint Guardian

United Nations Kosovo Force

Albania, Serbia, Montenegro and the Former Yugoslav Republic of Macedonia

11 June 1999–12 December 2011

12

Faber

Defence Force contribution to the United Nations Advance Mission in East Timor

East Timor and the territorial sea of Indonesia adjacent to East Timor

19 June 1999–15 September 1999

13

Spitfire

 

East Timor and the territorial sea of Indonesia adjacent to East Timor

6 September 1999–19 September 1999

14

Southern Watch

Defence Force contribution to the Coalition Force operation to patrol the Iraq No‑Fly‑Zones

Saudi Arabia, Kuwait and the Incirlik airbase in Turkey

23 September 1999–12 January 2003

15

Plumbob

 

Guadalcanal Island and the waters extending 12 nautical miles from the low water mark of Guadalcanal Island

8 June 2000–24 June 2000

16

Trek

 

Solomon Islands and its territorial sea

On and after 4 November 2000

17

Pomelo

Defence Force contribution to the United Nations Mission in Ethiopia and Eritrea

Ethiopia and Eritrea

15 January 2001–31 May 2005

18

Paladin

Defence Force contribution to the United Nations Truce Supervision Organization

The total land area, territorial waters and superjacent airspace within the internationally recognised boundaries of Israel, Jordan, Syria, Lebanon and Egypt

21 April 2003–11 July 2006

18A

Paladin

Defence Force contribution to the United Nations Truce Supervision Organization

The total land area, territorial waters and superjacent airspace within the internationally recognised boundaries of Israel, Jordan, Syria, Lebanon and Egypt, excluding the following area: Southern Lebanon bounded by 33°12N 35°12E, 33°10N 35°20E, 33°19N 35°25E, on the Litani River, then along the Litani River to 33°25N 35°37E, 33°22N 35°49E, on the Syria‑Lebanon border, then south to the junction of the Syria‑Lebanon‑Israel border, then east along the Lebanon‑Israel border to the coast, then north along the coast to 33°12N 35°12E

12 July 2006–14 August 2006

18B

Paladin

Defence Force contribution to the United Nations Truce Supervision Organization

The total land area, territorial waters and superjacent airspace within the internationally recognised boundaries of Israel, Jordan, Syria, Lebanon and Egypt

On and after 15 August 2006

19

Anode

Defence Force contribution to the Australian Government’s Strengthened Assistance Framework Program in support of the Solomon Islands Government

The total land area, territorial waters and superjacent airspace boundaries of the Solomon Islands

24 July 2003–30 September 2013

20

Citadel

United Nations Mission of Support in East Timor

East Timor and the territorial sea of East Timor

18 August 2003–26 June 2008

21

Spire

United Nations Mission of Support in East Timor

East Timor and the territorial sea of East Timor

20 May 2004–26 June 2008

22

Azure

United Nations Mission in Sudan

Sudan and its territorial waters and superjacent airspace

10 April 2005–31 December 2011

23

Astute

Defence Force stabilisation operation in support of the Government of East Timor

East Timor and its territorial waters and superjacent airspace

12 May 2006–19 April 2013

24

Ramp

Defence Force operation in the Middle East in support of the Australian whole of government response to the crisis in Lebanon

Lebanon and its territorial waters and superjacent airspace

20 July 2006–27 November 2008

25

Quickstep

Defence Force mission in Fiji

Fiji and its land, internal waters, archipelagic waters, territorial sea and superjacent airspace and the exclusive economic zone of Fiji

31 October 2006–22 December 2006

26

Quickstep Tonga

Defence Force operation to assist the Government of Tonga with the restoration of law and order in Tonga

The sovereign territory of Tonga, including the land territory, internal waters, territorial sea and superjacent airspace of Tonga and the exclusive economic zone of Tonga and its superjacent airspace

18 November 2006–30 November 2006

27

Hedgerow

Defence Force contribution to the hybrid United Nations and African Union mission in Darfur

Sudan

28 July 2008–23 June 2011

28

 

Defence Force contribution to the NATO no‑fly zone and maritime enforcement operation against Libya

The international waters and superjacent airspace of the central southern Mediterranean Sea between 10°00E and 28°00E and south of 41°00N, including portions of Italy, Greece, Turkey, Albania and all of Malta and north of Libya and its territorial waters and superjacent airspace

31 March 2011–31 October 2011

29

Aslan

Defence Force contribution to the United Nations Mission in the Republic of South Sudan

South Sudan and its superjacent airspace

On and after 23 September 2011

30

Accordion

Supporting operations in Bahrain, Qatar and the United Arab Emirates in relation to the Defence Force contribution to the International Coalition against Terrorism

The area bounded by the land mass and superjacent airspaces of Bahrain, Qatar and the United Arab Emirates

On and after 1 July 2014

31

Manitou

Maritime operations, including counter‑piracy operations

The area:

(a) comprising all sea and superjacent airspace of the Persian Gulf, the Gulf of Aden, the Red Sea and the Arabian Sea north of latitude 11°00′S and west of longitude 68°00′E; and

(b) including the ports adjacent to the area mentioned in paragraph (a), and the area within a 10 kilometre radius of each port

1 July 2014–13 May 2015

31A

Manitou

Maritime operations, including counter‑piracy operations

The area:

(a) comprising all sea and superjacent airspace of the Persian Gulf, the Gulf of Oman, the Arabian Sea, the Gulf of Aden, the Red Sea, the Gulf of Suez, the Gulf of Aqaba and the Indian Ocean north of latitude 15°00′S and west of longitude 68°00′E; and

(b) including the ports adjacent to the area mentioned in paragraph (a), and the area within a 10 kilometre radius of each port

14 May 2015–13 November 2016

31B

Manitou

Maritime operations, including counter‑piracy operations

The area:

(a) comprising all sea and superjacent airspace of the Persian Gulf, the Gulf of Oman, the Gulf of Aden, the Gulf of Suez, the Gulf of Aqaba, the Red Sea, the Arabian Sea north of latitude 15°00′S and west of longitude 70°00′E and the Indian Ocean north of latitude 15°00′S and west of longitude 70°00′E; and

(b) including the ports adjacent to the area mentioned in paragraph (a), and the area within a 10 kilometre radius of each port

On and after 14 November 2016

32

Okra

Defence Force contribution to the Iraq crisis

The land area, territorial waters and superjacent airspace of Bahrain, Iraq, Jordan, Kuwait, Qatar and the United Arab Emirates, and the waters and superjacent airspace of the Persian Gulf

1 July 2014–8 August 2014

32A

Okra

Defence Force contribution to the Iraq crisis

The land area, territorial waters and superjacent airspace of Albania, Bahrain, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Estonia, Hungary, Jordan, Kuwait, Montenegro, Poland, Qatar, Romania and the United Arab Emirates, and the waters and superjacent airspace of the Persian Gulf

9 August 2014–8 September 2015

32B

Okra

Defence Force contribution to the Iraq and Syria crisis

The following areas:

(a) the land area, territorial waters and superjacent airspace of Albania, Bahrain, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Estonia, Hungary, Jordan, Kuwait, Montenegro, Poland, Qatar, Romania and the United Arab Emirates;

(b) the waters and superjacent airspace of the Persian Gulf;

(c) the land territory of Turkey east of longitude 35°00¢E, including superjacent airspace and territorial waters.

9 September 2015 – 14 November 2018

32C

Okra

Defence Force contribution to the Iraq and Syria crisis

The following areas:

(a) the land area, territorial waters and superjacent airspace of Bahrain, Cyprus, Jordan, Kuwait, Qatar and the United Arab Emirates;

(b) the waters and superjacent airspace of the Persian Gulf;

(c) the land territory of Turkey east of longitude 35°00¢E, including superjacent airspace and territorial waters.

On and after 15 November 2018

33

Augury

Supporting the Defence Force’s understanding of Islamist terrorist threats to Australia and the region

Jordan and its superjacent airspace

4 July 2014–27 April 2016

33A

Augury

Supporting the Defence Force’s understanding of Islamist terrorist threats to Australia and the region

The land area, territorial waters and superjacent airspace of Jordan and the United Arab Emirates

On and after 28 April 2016

34

Hawick

Defence Force contribution to the whole of government response to the MH17 air disaster in Ukraine

Ukraine and its superjacent airspace

21 July 2014–18 May 2015

35

 

Defence Force contribution to efforts against global terrorism

The land, territorial waters and superjacent airspace of Libya

16 May 2016–2 August 2016

36

Litten

Maritime operations in the Mediterranean Sea

Libyan territorial waters

31 August 2016–21 October 2016

36A

Litten

Maritime operations in the Mediterranean Sea

Libyan territorial waters

On and after 4 November 2016

37

Quadrant

Defence Force contribution to the maintenance of strategic stability in the wider Asia-Pacific region

The area bounded by the following geographical coordinates:

13 May 1997 –
30 June 2006

Note:          Serbia and Montenegro, included in the area of operation for operation Joint Guardian (see table item 11), were united as the Federal Republic of Yugoslavia between 1992 and 2006.




Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 

Endnote 2—Abbreviation key

 

o = order(s)

ad = added or inserted

Ord = Ordinance

am = amended

orig = original

amdt = amendment

par = paragraph(s)/subparagraph(s)

c = clause(s)

    /sub‑subparagraph(s)

C[x] = Compilation No. x

pres = present

Ch = Chapter(s)

prev = previous

def = definition(s)

(prev…) = previously

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

 

exp = expires/expired or ceases/ceased to have

reloc = relocated

    effect

renum = renumbered

F = Federal Register of Legislation

rep = repealed

gaz = gazette

rs = repealed and substituted

LA = Legislation Act 2003

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

    effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

    cannot be given effect

Sub‑Ch = Sub‑Chapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Veterans' Entitlements (Non-warlike Service) Determination 2019

25 Mar 2019 (F2019L00397)

26 Mar 2019 (s2(1) item 1)

 

Veterans' Entitlements Amendment (Non-warlike Service) Determination 2019 (No.1)

13 Sep 2019

(F2019L01189)

14 Sep 2019

 

Veterans' Entitlements (Non-warlike Service) Amendment Determination 2020 (No. 1)

18 March 2020 (F2020L00263)

1 July 2019

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

s2

rep LA s48D

s4

rep LA s48C

s6

am F2019L01189 and F2020L00263.