Operational service—world wars
444 Operational service—world wars
Subject to subsection (3), a person referred to in an item of the following table is taken to have been rendering operational service during any period during which the person was rendering service of a kind referred to in the item.
Operational service | ||
|---|---|---|
Item | Person | Nature of service |
1 | A member of the Defence Force | (a) continuous full‑time operational service outside Australia during World War 1 or World War 2; or (b) continuous full‑time operational service for a period of at least 3 months in that part of the Northern Territory that is north of the parallel 14°30′S (including any of the islands adjoining the Northern Territory) between 19 February 1942 and 12 November 1943 (both dates inclusive); or (c) continuous full‑time operational service during World War 1 or World War 2 rendered within Australia immediately before, or immediately after, a period of continuous full‑time operational service of the kind referred to in paragraph (a) or (b); or (d) continuous full‑time operational service rendered within Australia during World War 2 in such circumstances that the service should, in the opinion of the Commission, be treated as service in actual combat against the enemy |
2 | A member of the Defence Force who enlisted in the Defence Force while living on a Torres Strait Island | (a) continuous full‑time operational service for a period of at least 3 months on that island between 14 March 1942 and 18 June 1943 (both dates inclusive); or (b) continuous full‑time operational service during World War 1 or World War 2 rendered within Australia immediately before, or immediately after, a period of continuous full‑time operational service of the kind referred to in paragraph (a) |
3 | A member of the naval, military or air forces of a Commonwealth country or of an allied country who was domiciled in Australia or an external Territory immediately before the member’s appointment or enlistment in those forces | Continuous full‑time operational service during World War 1 or World War 2 rendered: (a) outside that country; or (b) within that country but in such circumstances that the service should, in the opinion of the Commission, be treated as service in actual combat against the enemy |
Section 19B may affect a person’s domicile immediately before appointment or enlistment.
A person referred to in an item of the following table is taken to have been rendering operational service during the period, or at the time, specified in the item.
Operational service | ||
|---|---|---|
Item | Person | Relevant period or time |
1 | A person who was, during World War 1 or World War 2, employed by the Commonwealth on a special mission outside Australia | The period during which the person was so employed by the Commonwealth |
2 | An eligible civilian who was killed, during the invasion of the Territory of Papua or the Territory of New Guinea during World War 2, as a result of action by the enemy | The time of the event as a result of which the person was killed |
3 | An eligible civilian who was detained by the enemy during World War 2 | The period during which the person was so detained |
4 | A person who, while rendering continuous full‑time operational service as a member of the Defence Force within Australia during World War 2, was injured, or contracted a disease, as a result of enemy action | The time of the event as a result of which the person was injured or contracted the disease |
Any continuous full‑time operational service that was rendered during World War 2 by a member of the Defence Force (other than a member of the Interim Forces) on or after the cut‑off date for the member is not taken to be operational service.
For the purposes of subsection (3), the cut‑off date for a member of the Defence Force is the date applicable to the member in accordance with the following table.
Cut‑off date | ||
|---|---|---|
Item | Member | Date |
1 | A member who was appointed or enlisted for war service in any part of the Defence Force that was raised during World War 2 for war service, or solely for service during that war or during that war and a definite period immediately following that war | 1 July 1951 |
2 | A member who was appointed or enlisted in the Citizen Forces and was called up for continuous full‑time operational service for the duration of, or directly in connection with, World War 2 | 1 July 1951 |
3 | A member who served in the British Commonwealth Occupation Force in Japan | 1 July 1951, or the date on which the member arrived back in Australia on the completion of the member’s service in that Force, whichever is the earlier |
4 | Any other member | 3 January 1949 |
This Act’s bill:Explanatory memorandumSecond reading speech
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