Legal Briefing

Explanation of your SOFA Rights and Benefits and

Legal Services in Australia

Who’s Who In Australia

Defense Attaché – Designated Commanding Officer for military personnel

Chief of Mission – Delegated responsibility for force protection/physical security of DoD personnel by PACOM

Regional Security Office (RSO) – Implements force protection requirements

Article 1 -- Definitions

Australia: territories under authority of Commonwealth of Australia

Members of the United States Forces: personnel in the land, sea or air armed services of US

Members of the Civilian Component: Employed by US forces or by military sales exchanges,

commissaries, clubs or other facilities Serving with an organization which, with AU approval,

accompanies US forces Family Member: spouse or other relative who depends

on support of US forces member or Civilian Component member and is identified in PCS orders

Article 2 – Entry to Australia

Military Member – ID card, PCS orders Civilian Component – Official passport, ID

card, PCS orders Family Member – Passport, ID Card (if

applicable), PCS orders identifying family members as accompanying member

No VISA required

Article 3 – HHG/POV Shipments

No import duty on personal effects, furniture, and household goods Cannot be disposed of by sale or gift in AU within 2

years of importation Duty may be imposed on excessive tobacco and

alcohol products No duty on POV

As long as member owned POV at least 6 months prior to shipping and is imported for 2 years OR

Imported with intent to export within 3 years of import

Household Good and POV Claims

Local POC for all services for filing HHG and POV claims Full Replacement Value Program Air Force Claims Service Center All other branches if not filed with carrier under FRV program

will be filed with 337th ASUF/JA and sent to proper service for settlement

Important dates DD Form 1840R – must be to carrier or this office within 70

days of delivery DD Form 1842/1844 (Claim reimbursement documents) –

must be filed within 9 months for FRV and 2 years for depreciated cost or with respective service

Article 4 – GST Reimbursement

If no POV shipped and at least 2-year assignment, member entitled to GST reimbursement for AU manufactured/assembled vehicle Ford: Falcon or Fairlane Holden: Commodore or Statesman Mitsubishi: Magna Toyota: Camry

Procedures identified in handout May request for second vehicle if domestic situation

warrants, i.e., spouse employed outside home

Article 5 – Restriction on Goods

Duty free goods imported for personal use may not be transferred to another without permission of AU

SOFA vehicles may be sold to another SOFA member, but no one else without AU authorization

Article 6 – Income and Other Taxes

US derived income is not subject to AU tax while in AU

Gift/Estate tax not applied on transferred property in AU solely because of duty in AU

However, gift/estate tax may be imposed on: Investment property Intangible/copyright registered in AU or Property held in connection with carrying on business

in AU

Article 7 – Legal Domicile

AU taxation which depends on residence or domicile shall not be considered for the duration of periods in AUFamily members employed on the economy

will not be considered non-resident for tax purposes

Article 8 – Foreign Criminal Jurisdiction (FCJ) US SOFA personnel subject to AU laws AU has exclusive jurisdiction over civilian and all family

members (personnel not subject to military law) Military members:

If action violates both AU and UCMJ, US has primary right of jurisdiction if

Solely against property or security of US Solely against property or person of another SOFA person Act or omission in performance of official duty

AU has primary right of jurisdiction in all other cases

Article 9 – Official Use Property

Equipment, materials, supplies, or other property imported or purchased in AU for official use of US forces, not for resale, is duty and tax free

Procedurally, GST/duty for items purchased on the economy for official use is paid then reimbursement requested from ADF

Article 10 – Commissary

SOFA provides for commissary, exchange, club in AU but no facilities have been established

Procedures in place to prevent black marketing

Article 11 – Mail

APO authorized at US installations (Embassy, Consulates, Pine Gap)

Official mail not inspected by AU authorities

Non-official mail subject to inspection by US and AU authorities

Article 12 – Claims by Government

For actions that occur in the course of official duties or for official purposes

US Air Force has single-service claims jurisdiction for AU

Contact this office immediately if incident occurs Traffic accident while in the course of official duty that

injures or damages property of private citizen Exercise actions which injure or damage property of

private citizen

Article 13 – Compliance with Law

Consistent with existing agreements, US Govt and Personnel shall abide by AU Commonwealth and State laws Includes quarantine and industrial

determination laws

Article 14 – Driver’s License

If operating military vehicle, if member hold’s valid US license, no AU license required

If operating any other vehicle, SOFA personnel will comply with State lawNo driving test required if hold valid license

POVs will be licensed IAW with State law

Articles 15 - 22

15: Comply with labor laws 16: Comply with foreign exchange laws 17: If US flag flown at US forces establishment, AU flag flown as

well 18: US forces comply with uniform/civilian dress conditions

established for AU forces when serving with AU forces 19: Weapons authorized by orders must be coordinated with AU

before import of use 20: Use of military police on US establishments 21: Requires of US personnel to assist AU authorities if

documentation required for legislative action to pay official claims 22: Cooperation between AU/US govts to prevent abuse under

SOFA

Article 23 – Use of AU Facilities

Fees for AU public services and facilities shall apply as agreed, except

No landing fees shall be payable by US govt for US forces aircraft in AU

No toll charges including light and harbor dues shall be levied upon US forces vessels

Article 24 – Duration

SOFA remains in effect for at least 25 years from signature on 9 May 1963 and continues until 180 days after date of notice by either government to terminate

Personal Property Insurance

Renter’s insurance Comprehensive vehicle insurance Loss resulting from theft or natural disaster

are authorized claims overseas but amount payable limited by US law

Purchasing Residential Real Estate

Foreign personnel may purchase in AU as long as they comply with requirements

Websites: http://www.reia.com.au/government/foreign.asp http://www.firb.gov.au

Other Services Available

Lease reviewDefence/Diplomatic Clause

US Notary Wills POA Income tax efile and assistance