War Gratuity Act 1945
7Overseas qualifying service
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7 Overseas qualifying service
(1) Subject to the provisions of sections ten and eleven of this Act, overseas qualifying service shall comprise each day of service as a member, and each day of the period following the death of a member, specified in one or more of the following paragraphs: (a) Service abroad for a continuous period of not less than ninety days or for periods aggregating not less than one hundred and eighty days in any period of twelve months; (b) Service abroad for any period or periods less than those specified in paragraph (a) of this subsection, if, at the end of any such period, the member has been returned to Australia, or discharged from his or her ship, owing to injury or illness, not being an excepted injury or illness; (c) Service abroad for any periods at any time subsequent to service within the provisions of paragraph (a) or (b) of this subsection; (d) Service abroad for any period, if the member’s death occurred at the end of the period; (e) Service in any area, other than an overseas area, for any period of treatment in hospital or convalescent depot immediately following a member’s return from service abroad, or discharge from his or her ship, owing to injury or illness, not being an excepted injury or illness; (f) Service in any area, other than an overseas area, for any period not exceeding ninety days immediately following any period of service described in paragraph (a), (b), (c) or (e) of this subsection, except in cases where a member has been returned to Australia from an overseas area, or discharged from his or her ship, on account of an excepted injury or illness, and except in such other cases as are prescribed; and (g) In the event of a period of service described in paragraph (a), (b), (c), (d), (e) or (f) of this subsection having been terminated by death due to war service, the period from the date of death to the date of notification of death to the Repatriation Commission or to the thirtieth day of June, One thousand nine hundred and forty‑seven, whichever is the earlier date, except in the case of the death of a member during the period deemed to be service by subsection (1) of section eleven of this Act: Provided that: (i) if a member, after the cessation of hostilities, commences a period of service abroad, that service shall not be classified as overseas qualifying service, except in such cases and subject to such conditions as are prescribed; and (ii) if a member has returned to Australia at the member’s own request or for prescribed disciplinary reasons, the period specified in paragraph (f) of this subsection subsequent to the date of the member’s disembarkation shall not be deemed to be overseas qualifying service, except in cases where a prescribed authority, acting in pursuance of powers conferred on a prescribed authority by the regulations, directs that it shall be deemed to be overseas service. (2) Any day of service specified in more than one of paragraphs (a), (b), (c), (d), (e), (f) and (g) of the last preceding subsection shall count as one day of service only.