Veterans' Entitlements Act 1986

In this Act, unless the contrary intention appears:

that was, at the relevant time, at war with the enemy; or

the forces of which were, at the relevant time, engaged in an operational area against forces against which the forces of the Commonwealth were engaged in that area;

a state, province or other territory that is one of 2 or more territories that together form, or formed at the relevant time, a discrete part of such a country; and

a place that is, or was at the relevant time, a territory, dependency or colony (however described) of such a country.

was during the period of World War 2 from its commencement to and including 29 October 1945:

a master, officer or seaman employed under agreement, or an apprentice employed under indenture, in sea‑going service on a ship that was engaged in trading; or

a master, officer, seaman or apprentice employed in a lighthouse tender or pilot ship; or

employed as a pilot; or

a master, officer, seaman or apprentice employed in sea‑going service on a ship (being a hospital ship, troop transport, supply ship, tug, cable ship, salvage ship, dredge, fishing vessel or fisheries investigation vessel) that was operated by, or on behalf of, a foreign country; and

was at any time during the course of that employment during the period referred to in paragraph (a) on a ship that was:

operating from a port in Australia or from a port in a Commonwealth country or an allied country; or

engaged in trading with Australia or with a Commonwealth country or an allied country; or

engaged in providing assistance or support to the Defence Force, or to the forces, or any part of the forces, of a Commonwealth country or an allied country; or

engaged in providing assistance or support to Australia or to a Commonwealth country or an allied country;

an Australian mariner; or

a person who has, at any time, been employed by a foreign country that was, at that time, at war with Australia; or

a person who has, at any time, been employed:

on a ship that operated to, or was operating from, a port in a country that was, at that time, at war with Australia; or

on a ship that was engaged in trading with a country that was, at that time, at war with Australia; or

on a ship that was engaged in providing assistance or support to the enemy or to a country that was, at that time, at war with Australia.

who has been appointed or enlisted as a member of the defence force established by an allied country; and

who has rendered continuous full‑time service as such a member during a period of hostilities;

in the forces of a country that was, at that time, at war with Australia, or in forces engaged in supporting or assisting the forces of such a country; or

in forces that were, at that time, engaged in war‑like operations against the Naval, Military or Air Forces of Australia.

See also subsection 5R(2).

a master, officer or seaman employed under agreement, or an apprentice employed under indenture, in sea‑going service on a ship registered in Australia that was engaged in trading between a port in a State or Territory and any other port; or

a master, officer or seaman employed under agreement, or an apprentice employed under indenture, in sea‑going service on a ship registered outside Australia who was, or whose dependants were, resident in Australia for at least 12 months immediately before he or she entered into the agreement or indenture; or

a master, officer, seaman or apprentice employed on a lighthouse tender, or pilot ship of the Commonwealth or of a State; or

a pilot employed or licensed by Australia or a State or by an authority constituted by or under a law of the Commonwealth or of a State; or

a master, officer, seaman or apprentice employed in sea‑going service on a ship owned in Australia and operating from an Australian port, being a hospital ship, troop transport, supply ship, tug, cable ship, salvage ship, dredge, fishing vessel or fisheries investigation vessel; or

a member or employee of the Commonwealth Salvage Board engaged in sea‑going service under the direction of that Board; or

a master, officer, seaman or apprentice employed in sea‑going service on a ship registered in New Zealand who the Commission is satisfied was engaged in Australia and is not entitled to compensation under a law of a Commonwealth country providing for the payment of pensions and other payments to seamen who suffered death or disablement as a result of World War 2.

a state, province or other territory that is one of 2 or more territories that together form, or formed at the relevant time, a discrete part of such a country; and

a place that is, or was at the relevant time, a territory, dependency or colony (however described) of a part of such a country.

the naval, military or air forces; or

the nursing or auxiliary services of the naval, military or air forces; or

the women’s branch of the naval, military or air forces;

in relation to a member of the Defence Force:

service in the Naval Forces of the Commonwealth of the kind known as continuous full‑time naval service; or

service in the Military Forces of the Commonwealth of the kind known as continuous full‑time military service; or

service in the Air Force of the Commonwealth of the kind known as continuous full‑time air force service; or

in relation to a member of the naval, military or air forces of a Commonwealth country or an allied country—service in those forces of a kind similar to a kind of service referred to in subparagraph (a)(i), (ii) or (iii).

See also subsection 5R(1).

the naval, military or air forces of the country; or

the nursing and auxiliary services of the naval, military or air forces of the country; or

the women’s branch of the naval, military or air forces of the country.

the regular naval, military or air forces; and

the nursing or auxiliary services of the regular naval, military or air forces; and

the women’s branch of the regular naval, military or air forces;

were formally appointed to, or enlisted in, those forces or services; and

were required to wear uniforms or insignia distinguishing them as members of those forces or services; and

were required to carry arms openly; and

were subject to the rules and conventions of warfare.

For extended meaning of this term in relation to a government‑in‑exile, see subsection (3).

For an extended meaning of this term in relation to an allied veteran see subsection 5R(2).

who was killed, or detained by the enemy, during World War 2; and

who was, at the time the person was killed or first detained:

a British subject; and

a resident, but not an indigenous inhabitant, of the Territory of Papua or the Territory of New Guinea; and

who was not, at that time:

rendering service as a member of the Defence Force; or

employed by the Commonwealth on a special mission outside Australia.

in relation to World War 1 or World War 2—the naval, military or air forces, or any part of the naval, military or air forces, of a State at war with the Crown during that war; and

in relation to service in, or a period of hostilities in respect of, an operational area—the naval, military or air forces against which the Naval, Military or Air Forces of the Commonwealth were engaged in that operational area; and

persons assisting any of those forces.

a member of the Defence Force; or

another person who is:

a member of the unit; or

attached to the unit; or

appointed for continuous full‑time service with the unit.

See also subsection 5R(1).

See also subsection (2).

enlisted or re‑engaged in, or was appointed or re‑appointed to, the Defence Force for continuous full‑time service for a term of not more than 2 years; or

was appointed for continuous full‑time service with a unit of the Defence Force for a term of not more than 2 years;

a person (including a deceased person):

who is, because of section 7, taken to have rendered eligible war service; or

in respect of whom a pension is, or pensions are, payable under subsection 13(6); and

in Parts III and VIIC also includes a person who is:

a Commonwealth veteran; or

an allied veteran; or

an allied mariner.

Commonwealth veteran, allied veteran and allied mariner are defined in this subsection.

For the purposes of this Act, a member of the Army Medical Corps Nursing Service who:

rendered service during World War 1, either within or outside Australia; and

rendered the service as such a member in accordance with an acceptance or appointment by the Director‑General of Medical Services for service outside Australia;

In relation to any period during which there was a government‑in‑exile in relation to an allied country, defence force established by an allied country includes:

the regular naval, military or air forces; and

the nursing or auxiliary services of the regular naval, military or air forces; and

the women’s branch of the regular naval, military or air forces;

were formally appointed to, or enlisted in, those forces or services; and

were required to wear uniforms or insignia distinguishing them as members of those forces or services; and

were required to carry arms openly; and

were subject to the rules and conventions of warfare.

For an extended meaning of the defence force of a government‑in‑exile in relation to an allied veteran see subsection 5R(2).

For the purposes of Part III, a person is a refugee if the person:

is taken, under the Migration Reform (Transitional Provisions) Regulations, to be the holder of a transitional (permanent) visa because the person was, immediately before 1 September 1994, the holder of:

a visa or entry permit that fell within Division 1.3—Group 1.3 (Permanent resident (refugee and humanitarian) (offshore)) in Part 1 of Schedule 1 to the Migration (1993) Regulations as then in force; or

a visa or entry permit that fell within Division 1.5—Group 1.5 (Permanent resident (refugee and humanitarian) (on‑shore)) in Part 1 of Schedule 1 to the Migration (1993) Regulations as then in force; or

was, immediately before 1 February 1993, the holder of a visa or entry permit of a class prescribed under the Migration Regulations as then in force that corresponds to a visa or entry permit referred to in subparagraph (a)(i) or (ii); or

is the holder of:

a permanent protection visa; or

a permanent visa of a class referred to in Schedule 2A; or

a permanent visa of a class referred to in a declaration of the Minister under subsection (5) that is in force.

If:

after the commencement of this subsection, a class of permanent visas (other than a class referred to in Schedule 2A) is prescribed by regulations made for the purposes of section 31 of the Migration Act 1958; and

the Minister is of the view that a person holding a visa of that class should be regarded as a refugee for the purposes of Part III;