Document ID: chunk:federal_register_of_legislation:C2024C00682:section:3a
Version: federal_register_of_legislation:C2024C00682
Segment Type: section
Provision Reference: s 3A
Character Range: 18905–20363

3A  Operational service member
 (1) A person is an operational service member for the purposes of this Act if:
 (a) the person is a member; and
 (b) the person is a non‑DSH member; and
 (c) the person is allotted for duty anywhere within the Middle‑East operational area; and
 (d) the duty includes duty sometime during the period that starts on 2 August 1990 and ends on 9 June 1991.
 (2) An allotment for duty:
 (a) may be taken into account for the purposes of subsection (1) even though it takes effect retrospectively; and
 (b) may be taken into account for the purposes of subsection (1) whether it occurs before or after the commencing day; and
 (c) will not be taken into account for the purposes of subsection (1) unless it is made by written instrument signed by the Vice Chief of the Defence Force.
 (3) A person is also an operational service member for the purposes of this Act if:
 (a) the person is a member; and
 (b) the person is a non‑DSH member because of an election under section 4BA of the DSH Act; and
 (c) the person is an Australian Soldier for the purposes of the DSH Act because of paragraph (a), (b), (c), (g) or (ga) of the definition of Australian Soldier in subsection 4(1) of the DSH Act.
Note 1: for paragraph (3)(b) see paragraph (b) of the definition of non‑DSH member in section 3 of this Act.
Note 2: the people referred to in paragraph (3)(c) served in operational areas in military conflicts before the Gulf conflict.