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VETERANS' ENTITLEMENTS ACT 1986 - SECT 6C

Operational service--post World War 2 service in operational areas

  (1)   Subject to this section, a member of the Defence Force who has rendered continuous full - time service in an operational area as:

  (a)   a member who was allotted for duty in that area; or

  (b)   a member of a unit of the Defence Force that was allotted for duty in that area;

is taken to have been rendering operational service in the operational area while the member was so rendering continuous full - time service.

  (2)   A member of the naval, military or air forces of a Commonwealth country or of an allied country who:

  (a)   was domiciled in Australia or an external Territory immediately before his or her appointment or enlistment in those forces; and

  (b)   has rendered continuous full - time service in an operational area;

is taken to have been rendering operational service in the operational area while the member was so rendering continuous full - time service.

Note:   Section   11B may affect a person's domicile immediately before appointment or enlistment.

  (3)   For the purposes of subsection   (1), a member of the Defence Force is, subject to subsection   (4), taken to have rendered continuous full - time service in an operational area during the period commencing on:

  (a)   if the member was in Australia on the day ( relevant day ) from which the member, or the unit of the member, was allotted for duty in that area--on the day on which the member left the last port of call in Australia for that service; or

  (b)   if the member was outside Australia on the relevant day--on that day;

and ending at the end of:

  (c)   if the member, or the unit of the member, ceased to be allotted for duty--the day from which the member, or the unit, ceased to be allotted for duty; or

  (d)   if the member, or the unit of the member, was assigned for duty from the operational area to another area outside Australia (not being an operational area)--the day from which the member, or the unit, was assigned to that other area, or the day on which the member, or the unit, arrived at that other area, whichever is the later; or

  (e)   in any other case--the day on which the member arrived at the first port of call in Australia on returning from operational service.

  (4)   If, while rendering continuous full - time service in an operational area, a member of the Defence Force has:

  (a)   returned to Australia in accordance with the Rest and Recuperation arrangements of the naval, military or air forces; or

  (b)   returned to Australia on emergency or other leave granted on compassionate grounds; or

  (c)   returned to Australia on duty; or

  (d)   returned to Australia for the purpose of receiving medical or surgical treatment as directed by the medical authorities of the Defence Force;

only so much of the period of service of the member within Australia after his or her return and while the member:

  (e)   continued to be allotted for duty in an operational area; or

  (f)   continued to be a member of a unit of the Defence Force allotted for duty in an operational area;

as does not exceed 14 days is taken, for the purposes of subsection   (1), to be a period when the member was rendering continuous full - time service in the operational area.



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