CTHRepealedAct
Re-establishment and Employment Act 1945
139Interpretation
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##### 139 Interpretation
(1) In this Part, unless the contrary intention appears:
> member of the Forces means:
(a) a person who served on war service as a member of the Defence Force; and
(b) a person:
(i) who served on war service as a member of the naval, military or air forces of a part of the Queen’s dominions other than the Commonwealth; and
(ii) who is resident in Australia or in an external Territory and satisfies a prescribed authority that he was domiciled in Australia or an external Territory immediately before his appointment or enlistment.
> operational area means:
(a) in relation to the war service of members of the Naval and Air Forces of the Commonwealth or the Naval and Air Forces of a part of the Queen’s dominions other than the Commonwealth, being service before 20 April 1956—the area of Korea, including the waters contiguous to the coast of Korea for a distance of 100 nautical miles seaward from the coast;
(b) in relation to the war service of members of the Military Forces of the Commonwealth or the Military Forces of a part of the Queen’s dominions other than the Commonwealth, being service before 20 April 1956—the area of Korea, including the waters contiguous to the coast of Korea for a distance of 10 nautical miles seaward from the coast; and
(c) in relation to the war service of members of the Military and Air Forces of the Commonwealth or the Military and Air Forces of a part of the Queen’s dominions other than the Commonwealth, being service before the commencement of the Repatriation (Far East Strategic Reserve) Act 1956—the area of Malaya, including the waters contiguous to the coast of Malaya for a distance of 10 nautical miles seaward from the coast.
> port includes airport.
> the war means the warlike operations in Korea after the twenty-sixth day of June, One thousand nine hundred and fifty, or in Malaya after the twenty-eighth day of June, One thousand nine hundred and fifty.
> war service means, in relation to a member of the Forces, his service while:
(a) a member of, or attached to a body, contingent, or detachment of the Defence Force allotted for duty in an operational area; or
(b) allotted for duty in an operational area.
(2) For the purposes of this section, the war service of a member of the Forces:
(a) shall be deemed to have commenced:
(i) if he was in Australia at the time at which he was allotted for war service—at the time of his departure from the last port of call in Australia for that service; or
(ii) if he was outside Australia at the time at which he was allotted for war service—at the time at which he was so allotted; and
(b) shall be deemed to have ended:
(i) in the case of a member of the Forces who has returned to Australia—at the time of his arrival at the first port of call in Australia; or
(ii) in the case of a member of the Forces who has been allotted for duty in an area outside Australia other than an operational area—at the time of his arrival in that area, or, if he was in that area at the time at which he was so allotted, at that time.