Document ID: chunk:federal_register_of_legislation:C2024C00866:section:5c:p4
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 5C (pt 4/7)
Character Range: 34860–37419

the regular naval, military or air forces;
raised by an allied country and operated by the country with regular military‑like lines of command, that is to say, raised and operated in such a manner that the members of those forces and services:
 (d) were formally appointed to, or enlisted in, those forces or services; and
 (e) were required to wear uniforms or insignia distinguishing them as members of those forces or services; and
 (f) were required to carry arms openly; and
 (g) were subject to the rules and conventions of warfare.
Note 1: For extended meaning of this term in relation to a government‑in‑exile, see subsection (3).
Note 2: For an extended meaning of this term in relation to an allied veteran see subsection 5R(2).
eligible civilian means a person:
 (a) who was killed, or detained by the enemy, during World War 2; and
 (b) who was, at the time the person was killed or first detained:
 (i) a British subject; and
 (ii) a resident, but not an indigenous inhabitant, of the Territory of Papua or the Territory of New Guinea; and
 (c) who was not, at that time:
 (i) rendering service as a member of the Defence Force; or
 (ii) employed by the Commonwealth on a special mission outside Australia.
enemy means:
 (a) in relation to World War 1 or World War 2—the naval, military or air forces, or any part of the naval, military or air forces, of a State at war with the Crown during that war; and
 (b) in relation to service in, or a period of hostilities in respect of, an operational area—the naval, military or air forces against which the Naval, Military or Air Forces of the Commonwealth were engaged in that operational area; and
 (c) persons assisting any of those forces.
fishing vessel means a ship employed in connection with the occupation of sea fishing for profit.
former refugee means a person who was a refugee but does not include a person who ceased to be a refugee because his or her entry permit or visa (as the case may be) was cancelled.
government‑in‑exile, in relation to an allied country, includes a person, or group of persons, claiming to represent, or administer, the country or a part of the country or the people of the country.
member of a unit of the Defence Force means:
 (a) a member of the Defence Force; or
 (b) another person who is:
 (i) a member of the unit; or
 (ii) attached to the unit; or
 (iii) appointed for continuous full‑time service with the unit.
Note: See also subsection 5R(1).
member of the Defence Force includes a person appointed for continuous full‑time service with a unit of the