4AFormer regular servicemen

4A Former regular servicemen

(1) Subject to this section, a person is a former regular serviceman for the purposes of this Act if:

(a) he has served on continuous full‑time service as a member of the Defence Force during which he completed three years’ effective full‑time service and that continuous full‑time service as such a member ended, on or after 7th December, 1972, by reason of:

(i) his discharge, or the termination of his appointment, otherwise than by a dishonourable discharge; or

(ii) in the case of a member referred to in subsection (5)—his ceasing to serve on continuous full‑time service in pursuance of a voluntary undertaking referred to in that subsection, otherwise than by a dishonourable discharge;

(b) he was engaged to serve as a member of the Defence Force for a period of continuous full‑time service of not less than three years but that service ended, on or after 7th December, 1972, by reason of his discharge on the ground of invalidity or physical or mental incapacity to perform duties; or

(c) he was an officer appointed for continuous full‑time service in the Defence Force (other than an officer whose appointment was for a period of continuous full‑time service of less than three years), but that service ended, on or after 7th December, 1972, by reason of his discharge on the ground of invalidity or physical or mental incapacity to perform duties.

(2) For the purposes of paragraph (a) of subsection (1):

(a) the service of a person as an officer of the Navy undergoing the course of training at the Royal Australian Naval College, and his service after completion of that course, shall be disregarded unless the officer is subsequently promoted to the rank of sub‑lieutenant or a higher rank;

(b) the service of a person as a member of the Corps of Staff Cadets of the Army shall be disregarded unless the person is subsequently appointed as an officer of those Forces; and

(c) the service of a person as an Air Cadet of the Air Force shall be disregarded unless the person is subsequently appointed as an officer of that Force.

(3) Paragraphs (b) and (c) of subsection (1) do not apply in relation to a discharge:

(a) that occurred before the person concerned had completed twelve months’ effective full‑time service; and

(b) the ground for which was invalidity, or physical or mental incapacity to perform duties, caused, or substantially contributed to, by a physical or mental condition that:

(i) existed at the time the person concerned commenced full‑time continuous service as a member of the Defence Force; and

(ii) was not aggravated, or was not materially aggravated, by that service.

(4) Paragraph (c) of subsection (1) does not apply in relation to a period of service referred to in paragraph (b) of subsection (6) that was brought to an end by the discharge of the officer concerned. (5) A member of the Defence Force not on continuous full‑time service who has, whether before or after the commencement of this section, commenced continuous full‑time service in pursuance of a voluntary undertaking given by him and accepted by the appropriate authority of the Defence Force shall: