Document ID: chunk:federal_register_of_legislation:C2024C00866:section:13:p2
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 13 (pt 2/5)
Character Range: 301400–303925

subsection (7) of this section and to the other provisions of this Act, liable to pay pension to that child.
 (5) The Commonwealth is not liable to pay a pension under subsection (1) to a veteran who is a veteran by reason only that he or she has rendered operational service as described in item 3 of the table in subsection 6A(1) or as described in subsection 6C(2) unless the veteran is residing in, and is physically present in, Australia or an external Territory at the time when he or she makes a claim for the grant of the pension in accordance with section 14 or, if the veteran has made 2 or more such claims, at the time when he or she made the first of those claims.
 (6) Where the death of a person who is, or was, a member of the Defence Force, or the incapacity of such a person from injury or disease:
 (a) resulted from an occurrence that happened, or a disease that was contracted, on or after 31 July 1962:
 (i) as a result of action of hostile forces; or
 (ii) while the person was engaged in warlike operations against hostile forces;
  being an occurrence that happened, or a disease that was contracted, outside Australia while the person was rendering continuous full‑time service as a member of the Defence Force, but otherwise than during any operational service of the person in an operational area; or
 (b) has arisen out of or is attributable to:
 (i) action by hostile forces; or
 (ii) the engagement of the person in warlike operations against hostile forces;
  on or after 31 July 1962 outside Australia while the person was rendering continuous full‑time service as a member of the Defence Force, but otherwise than during any operational service of the person in an operational area;
the Commonwealth is, subject to subsection (7) of this section and to the other provisions of this Act, liable to pay:
 (c) in the case of the death of the person—pensions to the dependants of the person; or
 (d) in the case of the incapacity of the person—pension to the person;
in accordance with this Act, and this Act, other than subsections (1) to (5), inclusive, of this section, applies to and in relation to the person as if the person were a veteran and the death of the person were war‑caused, the injury suffered by the person were a war‑caused injury or the disease contracted by the person were a war‑caused disease, as the case may be.

Subsection (6) ceases to apply
 (6A) The Commonwealth is not liable, under subsection (6), to pay a pension in respect of a person's death, or the incapacity