Document ID: chunk:federal_register_of_legislation:C2025C00096:section:4:p12
Version: federal_register_of_legislation:C2025C00096
Segment Type: section
Provision Reference: s 4 (pt 12/14)
Character Range: 32885–35440

have served in the Naval, Military or Air Forces of any part of the Sovereign's dominions, other than the Commonwealth, unless he served in such Forces:
 (a) in an operational area outside the country or place of his enlistment or appointment for service; or
 (b) as a combatant in an active combat unit.
 (2C) Subject to subsection (2D), an Australian soldier who, by reason of his misconduct or misbehaviour:
 (a) was discharged from, or otherwise ceased to be a member of, the Naval, Military or Air Forces of Australia; and
 (b) is included in a class of members specified in the Schedule to the War Gratuity Act 1945;
shall not be treated as an eligible person for the purposes of this Act, but this subsection shall not prevent a widow, widower or dependent parent of such an Australian soldier being an eligible person.
 (2D) Where the relevant misconduct or misbehaviour of an Australian soldier referred to in subsection (2C) consisted only of his absence without leave, the Secretary may treat him as an eligible person for the purposes of this Act if the Secretary, having regard to the quality of his service outside Australia, considers it appropriate to do so.
 (3) Where, in the case of a person, being a female, who is:
 (a) a person described in paragraph (g) of the definition of Australian soldier in subsection 4(1); or
 (b) a regular serviceman;
the whole or any part of the service by reason of which she is such a member or such a regular serviceman, as the case may be, was service as a member of a nursing service, she shall, for the purposes of paragraph 18(1)(f), be deemed to be a person included in paragraph (b) of the definition of Australian Soldier in subsection (1) of section 4.
 (4) Where:
 (a) an applicant is the lessee of land under a lease for a term of years from the Commonwealth, the Administration of a Territory or a State, being a lease under which he is entitled, on the fulfilment of the terms, conditions and covenants of the lease, to a grant in fee simple of the land; and
 (b) the applicant satisfies the Secretary that the applicant has a reasonable prospect of carrying out the terms, conditions and covenants of the lease;
the land shall be deemed to be a holding for the purposes of this Act in relation to the applicant.
 (5) Where:
 (a) an applicant is purchasing land from a State on terms that entitle him, on compliance with specified conditions, to a grant in fee simple of the land; and
 (b) the applicant satisfies the Secretary that the applicant has a reasonable prospect of complying with