Document ID: chunk:federal_register_of_legislation:C2004A04771:front:0:p27
Version: federal_register_of_legislation:C2004A04771
Segment Type: other
Provision Reference: 
Character Range: 68623–71392

an Australian mariner in such circumstances that the employment should, in the opinion of the Commission,

            be treated as employment in actual combat against the enemy is taken to have been rendering operational service while the person was so employed.

    Note 1: For 'Australian mariner' see subsection 5C(1).
         Note 2: Subsections (7), (8) and (9) contain information that is relevant to paragraphs (o), (p), (q) and (r).";

  (c) by adding at the end the following subsections:

    "(7) Without limiting paragraph (1)(o), a person is taken to be employed outside Australia on a ship as an Australian mariner in each of the following circumstances:

        (a) while the person was at a place outside Australia on leave from a ship on which the person was employed as an Australian mariner and that was at a port outside Australia;

        (b) while the person was at a place outside Australia (whether or not on land) in the course of proceeding to employment on a ship as an Australian mariner;

        (c) while the person was at a place at which the person was awaiting return to Australia from employment on a ship as an Australian mariner;

        (d) while the person was returning to Australia from employment on a ship as an Australian mariner.

      "(8) For the purposes of paragraphs (1)(o), (p), (q) and (r), if:

      (a) a ship had undertaken a voyage; and

        (b) the purpose of the voyage was to sail from a port or place within Australia to another port or place within Australia; and

      (c) a person was employed on that ship as an Australian mariner;

    the person is taken for the duration of the voyage to be employed within Australia on that ship as an Australian mariner.

     "(9) For the purposes of paragraphs (1)(o), (p), (q) and (r) and subsections (7) and (8), 'Australia' does not include an external territory.".

Eligible war service

  14. Section 7 of the Principal Act is amended:

  (a) by adding at the end of paragraphs (1)(a) and (b) "and";

     (b) by adding at the end of subsection (1) the following word, paragraph and Notes:

           "; and (e) a person who was employed on a ship as an Australian mariner is taken to have been rendering eligible war service:

                (i) if part of that employment was operational service—for the part of that employment that was not operational service; or

                (ii) in any other case—while the person was so employed.

    Note 1: For 'Australian mariner' see subsection 5C(1).
    Note 2: Subsections (3) and (4) contain information that is relevant to paragraph (e).";

  (c) by adding at the end the following subsections:

    "(3) Without limiting paragraph (1)(e), a person is taken to be employed on a ship as an