6.2 Veterans' Entitlements Act 1986

Subsection 5B(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 ... 4, 5, 6, 7 or 8 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

...

(c)to a person, or unit of the Defence Force, that is, by written instrument signed by the Minister for Defence, taken to have been allotted for duty in an operational area described in item 4 or 8 in Schedule 2 (in column 1).

Section 5R  Determinations having interpretative effect

Continuous full-time service determination; member of unit of Defence Force determination

(1) The Minister may, by notice in writing published in the Gazette, make, in respect of a person, or of persons included in a class of persons, specified in the notice, all or any of the following determinations:

(a)a determination that this Act, or specified provisions of this Act, are to apply to and in relation to the person, or a person included in that class of persons, as if he or she was, while he or she was rendering service of a kind specified in the notice (in this subsection referred to as relevant service), a member of the Defence Force who was rendering continuous full-time service;

(b)a determination that this Act, or specified provisions of this Act, are to apply to and in relation to the person (being a member of the Defence Force), or a person included in that class of persons (being members of the Defence Force), as if he or she was, while he or she was rendering relevant service, rendering continuous full-time service;

(c)a determination that this Act, or specified provisions of this Act, are to apply to and in relation to the person, or a person included in that class of persons, as if he or she was, while he or she was rendering relevant service, a member of a specified unit of the Defence Force;

and, if the Minister does so, this Act applies, or the specified provisions of this Act apply, as the case may be, accordingly.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/eligibility/6-south-east-asia/62-veterans-entitlements-act-1986