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VETERANS' ENTITLEMENTS ACT 1986 - SECT 5B

War and operational area related definitions

  (1)   In this Act, unless the contrary intention appears:

"allotted for duty" in an operational area has the meaning given by subsection   (2).

"operational area" means an area described in column 1 of Schedule   2 during the period specified in column 2 of Schedule   2 opposite to the description of the area in column 1.

"period of hostilities" means:

  (a)   World War 1 from its commencement on 4   August 1914 to 11   November 1918 (both included); or

  (b)   World War 2 from its commencement on 3   September 1939 to 29   October 1945 (both included); or

  (c)   the period of hostilities in respect of Korea from 27   June 1950 to 19   April 1956 (both included); or

  (d)   the period of hostilities in respect of Malaya from 29   June 1950 to 31   August 1957 (both included); or

  (e)   the period of hostilities in respect of war - like operations in operational areas from 31   July 1962 to 11   January 1973 (both included).

"war to which this Act applies" means World War 1 or World War 2.

"World War 1" means:

  (a)   the war that commenced on 4   August 1914; and

  (b)   any other war in which the Crown became engaged after 4   August 1914 and before 11   November 1918.

"World War 2" means:

  (a)   the war that commenced on 3   September 1939; and

  (b)   any other war in which the Crown became engaged after 3   September 1939 and before 3   September 1945.

Allotted for duty

  (2)   A reference in this Act to a person, or a unit of the Defence Force, that was allotted for duty in an operational area is a reference:

  (a)   in the case of duty that was carried out in an operational area described in item   1, 2, 3, 4, 5, 6, 7 or 8 of Schedule   2 (in column 1)--to a person, or unit of the Defence Force, that is allotted for duty in the area (whether retrospectively or otherwise) by written instrument issued by the Defence Force for use by the Commission in determining a person's eligibility for entitlements under this Act; or

  (b)   in the case of duty that was carried out in an operational area described in item   3A, 3B, 9, 10, 11, 12, 13, 14 or 15 of Schedule   2 (in column 1)--to a person, or unit of the Defence Force, that is allotted for duty in the area (whether retrospectively or otherwise) by written instrument signed by the Vice Chief of the Defence Force for use by the Commission in determining a person's eligibility for entitlements under this Act; or

  (c)   to a person, or unit of the Defence Force, that is, by written instrument signed by the Defence Minister, taken to have been allotted for duty in an operational area described in item   4 or 8 in Schedule   2 (in column 1).

End of World War 1 and 2

  (3)   For the purposes of this Act:

  (a)   World War 1 is taken to have ended on 1   September 1921; and

  (b)   World War 2 is taken to have ended on 28   April 1952.

Note 1:   1   September 1921 is the date fixed by Proclamation under the Termination of the Present War (Definition) Act 1919 .

Note 2:   28   April 1952 is the date on which the Treaty of Peace with Japan came into force.



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