5RDeterminations having interpretative effect

5R Determinations having interpretative effect

Continuous full‑time service determination; member of unit of Defence Force determination (1) The Minister may, by notice in writing published in the Gazette, make, in respect of a person, or of persons included in a class of persons, specified in the notice, all or any of the following determinations: (a) a determination that this Act, or specified provisions of this Act, are to apply to and in relation to the person, or a person included in that class of persons, as if he or she was, while he or she was rendering service of a kind specified in the notice (in this subsection referred to as relevant service), a member of the Defence Force who was rendering continuous full‑time service; (b) a determination that this Act, or specified provisions of this Act, are to apply to and in relation to the person (being a member of the Defence Force), or a person included in that class of persons (being members of the Defence Force), as if he or she was, while he or she was rendering relevant service, rendering continuous full‑time service; (c) a determination that this Act, or specified provisions of this Act, are to apply to and in relation to the person, or a person included in that class of persons, as if he or she was, while he or she was rendering relevant service, a member of a specified unit of the Defence Force; and, if the Minister does so, this Act applies, or the specified provisions of this Act apply, as the case may be, accordingly.

Note: For continuous full‑time service and member of a unit of the Defence Force see subsection 5C(1).

Allied veteran determination (2) If a person who is a claimant for an age service pension or an invalidity service pension satisfies the Commission: (a) that the person had been appointed or enlisted as a member of the forces or services of: (i) an allied country, being forces or services of a kind referred to in the definition of defence force established by an allied country; or (ii) the government‑in‑exile of an allied country, being forces or services of a kind referred to in subsection 5C(3); and (b) that those forces or services were raised and operated in such a manner that the members of those forces and services: (i) were formally appointed to, or enlisted in, those forces or services; and (ii) were subject to the rules and conventions of warfare; and (c) that the person was not required, as such a member, to wear a uniform or insignia distinguishing the person as a member of those forces or services or to carry arms at all or to carry arms openly; and (d) that it would have been unreasonable, having regard to the conditions existing, at the time the person served in those forces or services, in the parts of that country in which the person so could serve, for the person to have been required to wear a uniform or insignia or to carry arms or to carry arms openly; the Commission must determine that the person is, for the purposes of the definition of allied veteran in subsection 5C(1) to be treated as a person who has been appointed or enlisted as a member of the defence force established by that allied country or that government‑in‑exile. Person may be treated as not being a member of a couple (3) The Commission may determine, for any special reason, that a person who is a member of a couple is not to be treated as a member of a couple for the purposes of this Act.