Document ID: chunk:federal_register_of_legislation:C2025C00096:section:4aaa:p3
Version: federal_register_of_legislation:C2025C00096
Segment Type: section
Provision Reference: s 4AAA (pt 3/4)
Character Range: 42869–45293

an officer of the Defence Force on that day for service for the period for which he was bound to serve on continuous full‑time service; or
 (b) if he was a member other than an officer on the day on which he so commenced—be deemed, for the purposes of paragraph (b) of subsection (1), to have been engaged to serve as a member of the Defence Force on that day for service for the period for which he was bound to serve on continuous full‑time service.

First service after 14 May 1985
 (5A) A person is a regular serviceman for the purposes of this Act if:
 (a) the person is covered by paragraph (1)(b) or (c); and
 (b) the person's first service in the Defence Force began after 14 May 1985; and
 (c) the person's death or discharge from the Defence Force occurred before 19 December 1988; and
 (d) a notice of eligibility or a certificate of entitlement has been issued to the person under this Act or regulations made under this Act.
 (5B) If a person to whom subsection (5A) applies is dead, the person is taken to have been a regular serviceman immediately before the person's death.
Note: this subsection has the effect of making a widow, widower or dependent parent of the person an eligible person (see definition of eligible person in subsection 4(1)).
 (5C) Subsections (5A) and (5B) do not apply to a person who is or has been a subsidised borrower under the Home Loans Assistance Act.
 (6) In this section, effective full‑time service, in relation to a member of the Defence Force, means any period of continuous full‑time service of the member other than:
 (a) a period exceeding twenty‑one consecutive days during which the member was:
 (i) on leave of absence without pay;
 (ii) absent without leave;
 (iii) awaiting or undergoing trial on a charge in respect of an offence of which he was later convicted; or
 (iv) undergoing detention or imprisonment; or
 (b) in the case of an officer of the Defence Force who, on his appointment, was a student enrolled in a degree or diploma course at a university or other tertiary educational institution and was required by the appropriate authority of the Defence Force to continue his studies after his appointment—the period of his service during which, by reason of the requirement to engage in his studies or in activities connected with his studies, he was not regarded by the appropriate authority of the Defence Force as rendering effective full‑time service.