Document ID: chunk:federal_register_of_legislation:C2024C00866:section:5r:p2
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 5R (pt 2/4)
Character Range: 243454–245971

and conventions of warfare; and
 (c) that the person was not required, as such a member, to wear a uniform or insignia distinguishing the person as a member of those forces or services or to carry arms at all or to carry arms openly; and
 (d) that it would have been unreasonable, having regard to the conditions existing, at the time the person served in those forces or services, in the parts of that country in which the person so could serve, for the person to have been required to wear a uniform or insignia or to carry arms or to carry arms openly;
the Commission must determine that the person is, for the purposes of the definition of allied veteran in subsection 5C(1) to be treated as a person who has been appointed or enlisted as a member of the defence force established by that allied country or that government‑in‑exile.

Person may be treated as not being a member of a couple
 (3) The Commission may determine, for any special reason, that a person who is a member of a couple is not to be treated as a member of a couple for the purposes of this Act.
Note: For member of a couple see subsection 5E(2).
 (4) The determination must be in writing.

Illness separated couple determination
 (5) If the Commission is satisfied that:
 (a) 2 people are members of a couple; and
 (b) they are unable to live together in their home as a result of the illness or infirmity of either or both of them; and
 (c) because of that inability to live together, their living expenses are, or are likely to be greater than they would otherwise be; and
 (d) that inability is likely to continue indefinitely;
the Commission may make a written determination that the 2 people are members of an illness separated couple for the purposes of this Act.

Respite care couple determination
 (6) If the Commission is satisfied that:
 (a) 2 people are members of a couple; and
 (b) one of the members of the couple is in respite care; and
 (c) the member who is in respite care has remained, or is likely to remain, in that care for at least 14 consecutive days;
the Commission may make a written determination that the 2 people are members of a respite care couple for the purposes of this Act.
Note: For in respite care, see subsection 5NC(8).
 (7) A determination under subsection (6) takes effect from the day specified by the Commission in the determination, being a day not earlier than 3 months before the Commission is notified that the person is in respite care.

Remote area determination—current or future absence from