War Gratuity Act 1945
2Interpretation
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2 Interpretation
In this Act, unless the contrary intention appears:
Australia means that area comprising the States of the Commonwealth, the Australian Capital Territory and the Northern Territory.
Australian Territories means the Territories of Papua, New Guinea and Norfolk Island.
date of embarkation, in relation to a member, means the date upon which the member embarked on a ship or aircraft for service in an overseas area, but shall not be deemed to refer to the embarkation on that ship or aircraft on that date of a member who disembarked from that ship or aircraft before reaching an overseas area and, in the opinion of a prescribed authority, did not proceed forthwith in the same or another ship or aircraft for service in an overseas area.
date of entitlement means the date on which a member or other person becomes entitled to be credited in the Register of War Gratuities with war gratuity in respect of the service of the member.
death due to war service means death of a member which occurred in circumstances in which:
(a) the Commonwealth is liable to pay pension under Part II of the Veterans’ Entitlements Act 1986; or
(b) the Commonwealth would be liable to pay pension under that Part if pension were payable to a female veteran’s spouse.
dependants means the spouse or children (including ex‑nuptial children) of any person who is or was a member, and any person who is or was wholly or partly dependent for his or her support upon the earnings of that person during the period of his or her service as a member or subsequently at any time before the date of entitlement of that person to war gratuity.
excepted injury or illness, in relation to a member, means:
(a) an injury or illness which, in the opinion of a prescribed authority, was due to or arose from the serious default or wilful act of the member;
(b) an intentionally self‑inflicted injury; or
(c) an injury or illness which, in the opinion of a prescribed authority, was due to or arose from any occurrence happening during the commission of a serious breach of discipline.
general qualifying service means service performed on the days prescribed by section nine of this Act as days of general qualifying service.
member means a person who, at any time during the war, has been:
(a) a member of the Naval Forces;
(b) a member of the Military Forces; or
(c) a member of the Air Force.