4.3 Veterans' Entitlements Act 1986

Section 5B

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(2)  A reference in this Act to a person, or a unit of the Defence Force, that was allotted for duty in an operational area is a reference:

(a) in the case of duty that was carried out in an operational area described in items 1, 2, ... of Schedule 2 (in column 1) - to a person, or unit of the Defence Force, that is allotted for duty in the area (whether retrospectively or otherwise) by written instrument issued by the Defence Force for use by the Commission in determining a person's eligibility for entitlements under this Act; or

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Section 6D Operational service — other post World War 2 service

(1) This section applies to a member of the Defence Force who, or a member of a unit of the Defence Force that:

(a)was assigned for service:

(i)in Singapore at any time during the period from and including 29 June 1950 to and including 31 August 1957; or

(ii)in Japan at any time during the period from and including 28 April 1952 to and including 19 April 1956; or

(iii)in North East Thailand (including Ubon) at any time during the period from and including 31 May 1962 to and including 24 June 1965; or

(b)was, at any time during the period from and including 1 August 1960 and including 27 May 1963, in the area comprising the territory of Singapore and the country then known as the Federation of Malaya;

but so applies only if the member, or the unit of the member, is included in a written instrument issued by the Defence Force for use by the Commission in determining a person's eligibility for entitlements under this Act.

(2) A person to whom this section applies is taken to have been rendering operational service during any period during which he or she was rendering continuous full-time service as:

(a)a member of the Defence force; or

(b)a member of a unit of the Defence Force;

while the person was in the area described in paragraph (1)(a) or attached to the Far East Strategic Reserve (as the case may be).

(3) For the purposes of subsection (2), the operational service of a person to whom this section applies:

(a)is taken to have started:

(i)if the person was in Australia on the day (relevant day) from which his or her unit was assigned for service as described in paragraph (l)(a) or attached to the Far East Strategic Reserve (as the case may be)—on the day on which the member left the last port of call in Australia for that service; or

(ii)if the person was outside Australia on the relevant day—on that day; and

(b)is taken to have ended:

(i)if the member was assigned for service in another country or area outside Australia (not being an operational area)—the day from which the member was assigned to that other country or area, or the day on which the member arrived at that other area, whichever is the later; or

(ii)in any other case—the day on which the member arrived at the first port of call in Australia on returning from operational service.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/eligibility/4-koreamalaya-malayasingapor-malayan-emergency/43-veterans-entitlements-act-1986