Commonwealth Consolidated Acts

DEFENCE FORCE (HOME LOANS ASSISTANCE) ACT 1990 - SECT 3A

  (1)   A person is an operational service member for the purposes of this Act if:

  (a)   the person is a member; and

  (b)   the person is a non - DSH member; and

  (c)   the person is allotted for duty anywhere within the Middle - East operational area; and

  (d)   the duty includes duty sometime during the period that starts on 2   August 1990 and ends on 9   June 1991.

  (2)   An allotment for duty:

  (a)   may be taken into account for the purposes of subsection   ( 1) even though it takes effect retrospectively; and

  (b)   may be taken into account for the purposes of subsection   ( 1) whether it occurs before or after the commencing day; and

  (c)   will not be taken into account for the purposes of subsection   ( 1) unless it is made by written instrument signed by the Vice Chief of the Defence Force.

  (3)   A person is also an operational service member for the purposes of this Act if:

  (a)   the person is a member; and

  (b)   the person is a non - DSH member because of an election under section   4BA of the DSH Act; and

  (c)   the person is an Australian Soldier for the purposes of the DSH Act because of paragraph   ( a), (b), (c), (g) or (ga) of the definition of Australian Soldier in subsection   4(1) of the DSH Act.

Note 1:   for paragraph   ( 3)(b) see paragraph   ( b) of the definition of non - DSH member in section   3 of this Act.

Note 2:   the people referred to in paragraph   ( 3)(c) served in operational areas in military conflicts before the Gulf conflict.