Document ID: chunk:federal_register_of_legislation:C2004A04978:body:0:p13
Version: federal_register_of_legislation:C2004A04978
Segment Type: other
Provision Reference: 
Character Range: 29922–32658

may seek from the Bank, if:

    (a) subsidy was not payable on 9 May 1995 in relation to the advance (whether a Corporation advance, initial advance, additional advance or further advance) in respect of which the person is or was a borrower, or the contract of sale, in respect of which the person is or was a purchaser, directly preceding the further advance in question; and

    (b) the prescribed period, as defined in subsection 36(4) of the Defence Service Homes Act 1918, as in force immediately before the commencement of this item, equals or exceeds 25 years as at 9 May 1995.

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                         SCHEDULE 2 Section 3

AMENDMENTS OF THE VETERANS' ENTITLEMENTS ACT 1986 RELATING TO PRELIMINARY ISSUES CONCERNING ELIGIBILITY FOR PAYMENTS

1. Subsection 5C(1) (definition of veteran):

Add at the end:

"Note: Commonwealth veteran, allied veteran and allied mariner are defined in this subsection.".

2. Subsection 5C(1):

Insert:

"operational service has the meaning given by section 6.".

3. Paragraphs 6(l)(a) and (d):

Before "a person who has" insert "subject to subsection (3), ".

4. Paragraph 6(1) (e):

Omit the paragraph, substitute:

    "(e) subject to subsections (5) and (6), a person who has, as a member of the Defence Force, rendered continuous full-time service outside Australia in an operational area (not being service rendered, as a member of the Naval Forces in the complement of a sea-going vessel, in the area described in item 2 or 3 of Schedule 2 (in column 1) while that area was an operational area) as:

(i) a member of a unit of the Defence Force that was allotted for duty; or

(ii) a person who was allotted for duty;

    in that operational area, is taken to have been rendering operational service during the period in which the person or the unit was so allotted for duty; and".

5. Subsection 6(1):

Add at the end:

      "; and (s) subject to subsection (10), a person who, as a member of the Defence Force, was assigned for service, and has rendered continuous full-time service:

         (i) in Japan at any time during the period from and including 28 April 1952 to and including 19 April 1956; and

SCHEDULE 2—continued

         (ii) as a member of a unit of the Defence Force that was assigned for service in that country during that period and that is included in a written instrument issued by the Defence Force for use by the Commission in determining a person's eligibility for entitlements under this Act;

      is taken to have been rendering operational service during the period in which the person was so assigned for service.".

6. Subsection 6(1) (Notes):

Omit the Notes, substitute:

"Note 1: For allotted for duty in an operational area see