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 (Warlike Service) Amendment Determination 2021 (No. 1)
Administered by: Veterans' Affairs
Registered 27 Apr 2021
Start Date 15 Apr 2021

 

Commonwealth Coat of Arms

Military Rehabilitation and Compensation (Warlike Service) Determination 2019

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

Compilation No. 2               

Compilation date:                              15 April 2021

Includes amendments up to:            F2021L00434

About this compilation

 

This compilation

This is a compilation of the Military Rehabilitation and Compensation (Warlike Service) Determination 2019 that shows the text of the law as amended and in force on 15 April 2021 (the compilation date).

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

Definitions.............................................................................................. 1

Warlike service ...................................................................................... 1

 

Schedule 1 – Warlike service.................................................................. 2

 

Endnotes .................................................................................................... 6

Endnote 1—About the endnotes............................................................. 6

Endnote 2—Abbreviation key................................................................ 7

Endnote 3—Legislation history............................................................... 8

Endnote 4—Amendment history............................................................. 9

 

 


1  Name

                   This instrument is the Military Rehabilitation and Compensation (Warlike Service) Determination 2019.

3  Authority

                   This instrument is made under paragraph 6(1)(a) 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  Warlike service

                   Schedule 1 specifies service with the Defence Force that is Warlike service for the purposes of the Act.


 

Schedule 1Warlike service

1        Warlike service

                   For the purposes of paragraph 6(1)(a) of the Act, service with the Defence Force in an operation mentioned in an item of the following table is warlike service for the purposes of the Act if the service:

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

                     (b)  occurs during a period mentioned in the item.

 

Warlike service

Item

Name of operation

Nature of operation

Area of operation

Period

1

Enduring Freedom—Afghanistan

US Global War on Terror

Afghanistan and its superjacent airspace

7 October 2001 – 31 December 2014

2

Slipper

ADF contribution to the International Coalition against Terrorism

The area bounded by the following geographical coordinates:

(a) 48°00′N 81°00′E;

(b) 48°00N 35°00E;

(c) 12°00N 35°00E;

(d) 12°00N 81°00E

11 October 2001 – 30 July 2009

2A

Slipper

ADF contribution to the International Coalition against Terrorism

The area bounded by the following geographical coordinates:

(a) 39°00′N 78°00′E;

(b) 39°00N 32°00E;

(c) 05°00S 32°00E;

(d) 05°00S 78°00E

31 July 2009 – 19 February 2012

2B

Slipper

ADF contribution to the International Coalition against Terrorism

The area bounded by the following geographical coordinates:

(a) 39°00′N 32°00′E;

(b) 39°00N 78°00E;

(c) 23°00N 78°00E;

(d) 23°00N 68°00E;

(e) 11°00S 68°00E;

(f) 11°00S 38°00E;

(g) 17°00′N 38°00E;

(h) 17°00′N 32°00E

20 February 2012 – 30 June 2014

2C

Slipper

ADF contribution to the International Coalition against Terrorism

Afghanistan and its superjacent airspace

1 July 2014 –

31 December 2014

3

Ariki

New Zealand contribution to Operation Enduring Freedom—Afghanistan and the International Security Assistance Force mission in Afghanistan

Afghanistan and its superjacent airspace

1 December 2001 –

31 December 2014

4

Palate

ADF support to the United Nations Assistance Mission in Afghanistan

Afghanistan

18 April 2003 – 5 July 2004

5

Catalyst

ADF contribution in support of the US‑led coalition operations in Iraq in order to support the Australian whole‑of‑government effort to assist with the rehabilitation of Iraq and to remove the threat posed to global security by Iraq’s weapons of mass destruction capability

The total land areas, territorial waters, internal waterways and superjacent airspace boundaries of Iraq, Kuwait, Bahrain, Qatar, United Arab Emirates, Saudi Arabia (north of latitude 23°00′N), the Persian Gulf and the Strait of Hormuz

16 July 2003 – 31 July 2009

6

Athena

Canadian contribution to the International Security Assistance Force mission in Afghanistan

Afghanistan and its superjacent airspace

17 July 2003 –  31 December 2014

7

International Security Assistance Force

NATO‑led security mission in Afghanistan

Afghanistan and its superjacent airspace

11 August 2003  31 December 2014

8

Herrick

United Kingdom contribution to the International Security Assistance Force mission in Afghanistan

Afghanistan and its superjacent airspace

1 September 2004 –  31 December 2014

9

Palate II

ADF support to the United Nations Assistance Mission in Afghanistan

Afghanistan

27 June 2005 –

10 March 2017

10

Paladin

ADF contribution to the United Nations Truce Supervision Organization

Southern Lebanon bounded by

33°12′N 35°12′E, 33°10′N 35°20′E, 33°19′N 35°25′E, on the Litani River, then along the Litani River to 33°25′N 35°37′E, 33°22′N 35°49′E, 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°12′N 35°12′E

12 July 2006 – 14 August 2006

11

Riverbank

ADF support to the United Nations Assistance Mission in Iraq

Iraq

21 July 2008 –

14 December 2013

12

Kruger

ADF contribution to the provision of security to the Australian Embassy in Iraq

Iraq

1 January 2009 – 9 August 2011

13

 

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

Libya and its territorial waters and superjacent airspace

31 March 2011 – 31 October 2011

14

Okra

ADF contribution to the Iraq crisis

The land area, territorial waters and superjacent airspace of Iraq

9 August 2014 8 September 2015

14A

Okra

ADF contribution to the Iraq and Syria crisis

The land area, territorial waters and superjacent airspace of Iraq and Syria

On and after 9 September 2015

15

Highroad

ADF contribution to the NATO‑led Resolute Support Mission in Afghanistan

Afghanistan and its superjacent airspace

On and after 1 January 2015

16

Augury

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

Afghanistan and its superjacent airspace

On and after 28 April 2016

16A

Augury

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

The land territory and superjacent airspace of Iraq and Syria.

On and after

1 December 2020

17

Steadfast

ADF contribution to the NATO Mission in Iraq

The land area, territorial waters and superjacent airspace of Iraq.

On and after

10 September 2018

18

Orenda

ADF contribution to the United Nations Multidimensional Integrated Stabilization Mission in Mali.

The land area and superjacent airspace of the Republic of Mali.

On and after

1 April 2020

 


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 (Warlike Service) Determination 2019

16 September 2019 (F2019L01198)

17 September 2019

 

Military Rehabilitation and Compensation (Warlike Service) Amendment Determination 2020 (No.1)

22 May 2020 (F2020L00600)

23 May 2020

 

Military Rehabilitation and Compensation (Warlike Service) Amendment Determination 2021 (No.1)

14 April 2021 (F2021L00434)

15 April 2021

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

s2

rep LA s48D.

s4

rep LA s48C.

s6

am F2020L00600 and F2021L00434.