Veterans’ Entitlements (Non‑warlike Service) Determination 2019
I, Darren Chester, Minister for Defence Personnel, make the following determination.
Dated 13 March 2019
Darren Chester
Minister for Defence Personnel
Contents
1 Name
2 Commencement
3 Authority
4 Schedule 2
5 Definitions
6 Non‑warlike service
Schedule 1—Non‑warlike service
1 Non‑warlike service
Schedule 2—Repeals of instruments
Determination of Non‑warlike Service ‑ BERLIN AIRLIFT (Federal Register of Legislation No. F2006B00566)
Determination of Non‑warlike Service (Federal Register of Legislation No. F2006L02913)
Determination of Non‑warlike Service (Federal Register of Legislation No. F2006L02915)
Determination of Non‑warlike Service (Federal Register of Legislation No. F2006L02916)
Determination of non‑warlike service (OPERATION AGRICOLA) (Federal Register of Legislation No. F2007B00578)
Determination of non‑warlike service (OPERATION ALLIED FORCE) (Federal Register of Legislation No. F2007B00576)
Determination of Non‑warlike Service ‑ OPERATION ANODE (Federal Register of Legislation No. F2006B00719)
Determination of Non‑warlike Service ‑ Operation ASTUTE (Federal Register of Legislation No. F2006L02013)
Determination of Non‑warlike Service ‑ OPERATION AZURE (Federal Register of Legislation No. F2005L04106)
Determination of Non‑warlike Service ‑ OPERATION BANNER (Federal Register of Legislation No. F2006B00718)
Determination of Non‑warlike Service ‑ OPERATION BEL ISI AND OPERATION BEL ISI II (Federal Register of Legislation No. F2006B00576)
Determination of Non‑warlike Service ‑ OPERATION CITADEL (Federal Register of Legislation No. F2006B00571)
Determination of Non‑warlike Service ‑ OPERATION DAMASK (Federal Register of Legislation No. F2006B11477)
Determination of Non‑warlike Service (OPERATION FABER) (Federal Register of Legislation No. F2007B00580)
Determination of Non‑warlike Service (OPERATION FABER) (Federal Register of Legislation No. F2007B00581)
Determination of Non‑warlike Service ‑ OPERATION HEDGEROW (Federal Register of Legislation No. F2008L04179)
Determination of non‑warlike service (OPERATION JOINT GUARDIAN) (Federal Register of Legislation No. F2007B00579)
Determination of Non‑Warlike Service ‑ OPERATION PLUMBOB (Federal Register of Legislation No. F2006B00574)
Determination of Non‑warlike service ‑ OPERATION POLLARD (Federal Register of Legislation No. F2006B00950)
Determination of Non‑Warlike Service ‑ OPERATION POMELO (Federal Register of Legislation No. F2006B00932)
Determination of Non‑warlike Service ‑ OPERATION QUICKSTEP (Federal Register of Legislation No. F2007L04870)
Determination of Non‑warlike Service ‑ Operation RAMP (Federal Register of Legislation No. F2006L03709)
Determination of Non‑warlike Service ‑ OPERATION SPIRE (Federal Register of Legislation No. F2005L04103)
Determination of Non‑warlike Service (OPERATION SPITFIRE) (Federal Register of Legislation No. F2006B00499)
Determination of Non‑Warlike Service ‑ OPERATION TREK (Federal Register of Legislation No. F2006B00951)
Veterans’ Entitlements (Non‑warlike Service ‑ NATO no‑fly‑zone and maritime enforcement operation against Libya) Determination 2012
Veterans’ Entitlements (Non‑warlike Service—Operation Accordion) Determination 2014
Veterans’ Entitlements (Non‑warlike Service ‑ Operation Aslan) Determination 2012
Veterans’ Entitlements (Non‑warlike Service—Operation Augury) Determination 2017
Veterans’ Entitlements (Non‑warlike Service—Operation Hawick) Determination 2014
Veterans’ Entitlements (Non‑warlike Service—Operation Litten) Determination 2017
Veterans’ Entitlements (Non‑warlike Service—Operation Manitou) Determination 2017
Veterans’ Entitlements (Non‑warlike Service—Operation Okra) Determination 2016
Veterans’ Entitlements (Non‑warlike Service — Operation Paladin) Determination 2011
Veterans’ Entitlements (Non‑warlike Service—Operation Quickstep Tonga) Determination 2012
This instrument is the Veterans’ Entitlements (Non-warlike Service) Determination 2019.
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information | ||
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this instrument | The day after this instrument is registered. | 26 March 2019 |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
This instrument is made under the definition of non‑warlike service in subsection 5C(1) of the Veterans’ Entitlements Act 1986.
Each instrument that is specified in Schedule 2 to this instrument is amended or repealed as set out in the applicable items in that Schedule, and any other item in that Schedule has effect according to its terms.
In this instrument:
Act means the Veterans’ Entitlements Act 1986.
NATO means the North Atlantic Treaty Organization.
Schedule 1 specifies service in the Defence Force that is non‑warlike service for the purposes of the Act.
Schedule 1—Non‑warlike service
Note: See section 6.
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 |
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°00′E 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°00′N 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°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 |
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°00′E and 28°00′E and south of 41°00′N, 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 its superjacent airspace and territorial waters | On and after 9 September 2015 |
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 |
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.
Schedule 2—Repeals of instruments
1 Repeals of instruments
Repeal the following instruments:
Determination of Non‑warlike Service (Federal Register of Legislation No. F2006L02913)
Determination of Non‑warlike Service (Federal Register of Legislation No. F2006L02915)
Determination of Non‑warlike Service (Federal Register of Legislation No. F2006L02916)
Veterans’ Entitlements (Non‑warlike Service—Operation Accordion) Determination 2014
Veterans’ Entitlements (Non‑warlike Service ‑ Operation Aslan) Determination 2012
Veterans’ Entitlements (Non‑warlike Service—Operation Augury) Determination 2017
Veterans’ Entitlements (Non‑warlike Service—Operation Hawick) Determination 2014
Veterans’ Entitlements (Non‑warlike Service—Operation Litten) Determination 2017
Veterans’ Entitlements (Non‑warlike Service—Operation Manitou) Determination 2017
Veterans’ Entitlements (Non‑warlike Service—Operation Okra) Determination 2016
Veterans’ Entitlements (Non‑warlike Service — Operation Paladin) Determination 2011
Veterans’ Entitlements (Non‑warlike Service—Operation Quickstep Tonga) Determination 2012