Federal Register of Legislation - Australian Government

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

 

Commonwealth Coat of Arms

Military Rehabilitation and Compensation (Non-warlike Service) Determination 2019

made under paragraph 6(1)(b) of the
Military Rehabilitation and Compensation Act 2004.

Compilation No. 2               

Compilation date:                              18 March 2020

Includes amendments up to:            F2020L00262

 

About this compilation

 

This compilation

This is a compilation of the Military Rehabilitation and Compensation (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 F2020L00262.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

  

  

  


Contents

Name. .................................................................................................... 1

Authority................................................................................................ 1

Schedules ............................................................................................... 1

 

Schedule 1 – Non-warlike service........................................................... 2

 

Endnotes 1.................................................................................................. 8

Endnote 1—About the endnotes............................................................. 8

Endnote 3—Legislation history............................................................. 10

Endnote 4—Amendment history........................................................... 11

 

 

 


1  Name

                   This instrument is the Military Rehabilitation and Compensation (Non-warlike Service) Determination 2019.

3  Authority

                   This instrument is made under paragraph 6(1)(b) of the Military Rehabilitation and Compensation Act 2004.

5  Definitions

                   In this instrument:

Act means the Military Rehabilitation and Compensation Act 2004.

ADF means the Australian Defence Force (within the meaning of the Defence Act 1903).

NATO means the North Atlantic Treaty Organization.

6  Non‑warlike service

                   Schedule 1 specifies service with 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 paragraph 6(1)(b) of the Act, service with the Defence Force in an operation mentioned in an item of the following table is non‑warlike service if the service:

                     (a)  is in an area of operation mentioned in the item; and

                     (b)  occurs 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

Mazurka

Multi‑national Force and Observers—Sinai

Egypt, between the east bank of the Suez Canal and the international boundary between Egypt and Israel established by the peace treaty between Egypt and Israel signed in Washington on 26 March 1979, and an adjoining area extending 5 kilometres into Israel

On and after 28 January 1993

2

Osier

NATO Stabilisation Force

The Former Yugoslav Republic of Macedonia, Bosnia‑Herzegovina, Croatia, Slovenia, Serbia and Montenegro

24 January 1997–12 December 2011

3

Joint Guardian

United Nations Kosovo Force

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

11 June 1999–12 December 2011

4

Pomelo

ADF contribution to the United Nations Mission in Ethiopia and Eritrea

Ethiopia and Eritrea

15 January 2001–31 May 2005

5

Paladin

ADF 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

5A

Paladin

ADF 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

5B

Paladin

ADF 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

6

Anode

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

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

24 July 2003–30 September 2013

7

Citadel

United Nations Mission of Support in East Timor

East Timor and the territorial sea of East Timor

18 August 2003–26 June 2008

8

Spire

United Nations Mission of Support in East Timor

East Timor and the territorial sea of East Timor

20 May 2004–26 June 2008

9

Azure

United Nations Mission in Sudan

Sudan

10 April 2005–31 December 2011

10

Astute

ADF 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

11

Ramp

ADF 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

12

Quickstep

ADF 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

13

Quickstep Tonga

ADF 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

18–30 November 2006

14

Hedgerow

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

Sudan

28 July 2008–23 June 2011

15

 

ADF 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

16

Aslan

ADF contribution to the United Nations Mission in the Republic of South Sudan

South Sudan and its superjacent airspace

On and after 23 September 2011

17

Accordion

Supporting operations in Bahrain, Qatar and the United Arab Emirates in relation to the ADF 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

18

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°00S and west of longitude 68°00E; 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

18A

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°00S and west of longitude 68°00E; 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

18B

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°00S and west of longitude 70°00E; 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

19

Okra

ADF 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

19A

Okra

ADF 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

19B

Okra

ADF 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

19C

Okra

ADF 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

20

Augury

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

Jordan and its superjacent airspace

4 July 2014–27 April 2016

20A

Augury

Supporting the ADF’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

21

Hawick

ADF 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

22

 

ADF contribution to efforts against global terrorism

The land, territorial waters and superjacent airspace of Libya

16 May 2016–2 August 2016

23

Litten

Maritime operations in the Mediterranean Sea

Libyan territorial waters

31 August 2016–21 October 2016

23A

Litten

Maritime operations in the Mediterranean Sea

Libyan territorial waters

On and after 4 November 2016

24

Quadrant

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

The area bounded by the following geographical coordinates:

(a) 45°00′N 45°00′E;

(b) 45°00′N 180°00′E;

(c) 45°00′S 180°00′E;

(d) 45°00′S 45°00′E

13 May 1997 – 30 June 2006

Note:          Serbia and Montenegro, included in the area of operation for operations Osier and Joint Guardian (see table items 2 and 3), 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

Military Rehabilitation and Compensation (Non-warlike Service) Determination 2019

21 Mar 2019 (F2019L00332)

22 Mar 2019 (s2(1) item 1)

 

Military Rehabilitation and Compensation Amendment (Non-warlike Service) Determination 2019 (No.1)

16 Sep 2019 (F2019L01199)

17 Sep 2019

 

Military Rehabilitation and Compensation (Non-warlike Service) Amendment Determination 2020 (No. 1)

18 March 2020 (F2020L00262)

1 July 2019

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

s2

rep LA s48D

s4

rep LA s48C

s6

am F2019L01199 and F2020L00262.