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3.1 DSH Legislation

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The relevant provisions of subsection 4(1) are:

Eligible person means a person who —

(a) is an Australian soldier;

...

(f) after the commencement of the Second World War [3 September 1939] and before the commencement of the War Service Homes Act 1946 [18 April 1946], was employed under agreement as master, officer or seaman, or under indenture as apprentice, in sea-going service —

(i)on a ship engaged in trading between a port of a State or Territory and any other port, whether a port of a State or Territory or not; or

(ii)on a ship being a troop transport or hospital ship,

and was, during that employment, domiciled in Australia or a Territory; or

(g)not being a person to whom the last preceding paragraph applies, was, after the commencement of the Second World War and before the commencement of the War Service Homes Act 1946, employed, otherwise than as a member of the Defence Force, in sea-going service on a ship being a ship of war, troop transport or hospital ship, and was, during that employment, domiciled in Australia or a Territory,

and includes a widow, widower or dependent parent of a person specified in any of the paragraphs (a) to (g) of this definition;

Approved welfare organization means an organization approved by an appropriate authority of the Defence Force to provide welfare services (including assistance in the care of the sick or wounded) for members of the Defence Force;

Australian Soldier means a person who, during the Second World War ... —

(a) is or was a member of the Naval, Military or Air Forces of Australia enlisted or appointed for or employed on active service outside Australia or on a ship of war; or

(b) is or was a member of any nursing service maintained by the Commonwealth in connection with the Defence Force of the Commonwealth or any part thereof accepted or appointed for service outside Australia; or

(c) served in the Naval, Military or Air Forces of any part of the King's Dominions, other than the Commonwealth, and who proves to the satisfaction of the Secretary that he had, before his enlistment or appointment for service, resided in Australia or a Territory; or

(d) was a member of any nursing service maintained by the Government of any part of the King's Dominions other than the Commonwealth, in connection with the Naval, Military or Air Forces of that part, and who proves to the satisfaction of the Secretary that she had, before her appointment to that service, resided in Australia or a Territory,

and who, in the case of a person included in paragraph (a) or (b) in relation to service in connection with the Second World War —

(e) was so enlisted, accepted, appointed or employed before 3 September, 1945; or

(f) was so enlisted, accepted, appointed or employed on or after that date and before 30 June 1951, and who has been discharged or who has ceased to be engaged on war service as defined in section 4 of the Defence Act 1903-1945,

and includes -

...

(j) a person who —

(i)was appointed for service outside Australia as a representative of an approved welfare organization with a body, contingent or detachment of the Defence Force;

(ii)as such, served outside Australia on or after the third day of September 1939, with that body, contingent or detachment; and

(iii) would, if during that service he had been a member of the Defence Force allotted for duty with that body, contingent or detachment, be, by reason of that service, an Australian soldier as defined by a provision of this definition other than paragraph (h) or (i) or this paragraph;

Subsection 4(2A)  For the purposes of paragraph (a) of the definition of Australian Soldier in subsection (1), a person who is or was —

(a)a member of the Citizen Military Forces;

(b) a member of the Women's Royal Australian Naval Service, the Australian Women's Army Service or the Women's Auxiliary Australian Air Force; or

(c) a member of the Australian Army Medical Women's Service but not a member of the Australian Imperial Force; or

(d) a member of the Voluntary Aid Detachment,

shall not, by reason only of being or having been such a member, be taken to have been enlisted or appointed for active service outside Australia or on a ship of war.

Subsection 4(2AA) Subsection (2A) does not apply in relation to a person who, during the Second World War, was:

(a)a member of the Women's Royal Australian Naval Service, the Australian Women's Army Service or the Women's Auxiliary Australian Air Force; or

(b)a member of the Australian Army Medical Women's Service, other than a member of the Australian Imperial Force; or

(c)a full-time paid member of the Voluntary Aid Detachment.

Subsection 4(2AB) For the purposes of the definitions of further advance and initial advance in subsection 4(1), a person of a kind referred to in subsection (2AA) is not taken to have been a purchaser or borrower, merely because the person previously became a purchaser or borrower on the basis that:

(a) the person's spouse or de facto partner is or was an eligible person, and as a result they were, under subsection 4A(1), treated together as an eligible person for the purposes of this Act; or

(b) the person's spouse or de facto partner was an eligible person, and the person became an eligible person because her husband died; or

(c) the person is an eligible person because she is a dependent parent.

Subsection 4(2B)  For the purposes of paragraph (c) of the definition of Australian Soldier in subsection (1), a person shall not be taken to have served in the Naval, Military or Air Forces of any part of the King's Dominions, other than the Commonwealth, unless he served in such Forces —

(a) in an operational area outside the country or place of his enlistment or appointment for service; or

(b) as a combatant in an active combat unit.