Subsection 4(2C) Subject to subsection (2D), an Australian soldier who, by reason of his misconduct or misbehaviour —
(a) was discharged from, or otherwise ceased to be a member of, the Naval, Military or Air Forces of Australia; and
(b) is included in a class of members specified in the Schedule to the War Gratuity Act 1945,
shall not be treated as an eligible person for the purposes of this Act, but this subsection shall not prevent a widow, widower or dependent parent of such an Australian soldier being an eligible person.
Subsection 4(2D) Where the relevant misconduct or misbehaviour of an Australian soldier referred to in subsection (2C) consisted only of his absence without leave, the Secretary may treat him as an eligible person for the purposes of this Act if the Secretary, having regard to the quality of his service outside Australia, considers it appropriate to do so.