Document ID: chunk:federal_register_of_legislation:C2004A03129:body:0:p5
Version: federal_register_of_legislation:C2004A03129
Segment Type: other
Provision Reference: 
Character Range: 10756–13432

qualifying war service of a member of the Forces consists of the war service (if any) of the member outside Australia; and
    (b) a reference to the grant of a claim shall be read as not including a reference to the assessment of the rate at which pension is to be paid.".

Extension of application of Act to certain male members of the Forces
17. (1) Section 99 of the Principal Act is amended—
    (a) by omitting from sub-paragraph (2) (b) (i) "wife or";
    (b) by omitting sub-paragraph (2) (b) (ii);
    (c) by adding "and" at the end of sub-paragraph (2) (b) (iii); and
    (d) by omitting sub-paragraphs (2) (b) (iv) to (vii) (inclusive).
(2) Section 99 of the Principal Act is amended—
    (a) by omitting from paragraph (2) (e) "and"; and
    (b) by adding at the end of sub-section (2) the following word and paragraph:
"; and (g) section 47 applies as if—
              (i) the references in sub-sections (2), (3) and (5) to war service were read as references to war service within the meaning of section 100;
              (ii) the reference in sub-section (3) to section 24 were read as a reference to section 101;

              (iii) the reference in sub-paragraph (3) (a) (ii) to before 12 November 1958 were read as a reference to before the expiration of the period of 40 years commencing on 30 October 1945; and
              (iv) for paragraph (5) (a) there were substituted the following paragraph:
                 '(a) the qualifying war service of a member of the Forces consists of—
                     (i) the war service within the meaning of section 100 (if any) of the member outside Australia during the war within the meaning of section 100; and
                     (ii) the war service within the meaning of section 100 (if any) of the member during that war within Australia rendered in such circumstances as, in the opinion of the Commission, involved direct combat with the enemy; and'.".
Liability of Commonwealth to pay pensions to certain male members of the Forces
18. Section 101 of the Principal Act is amended—
    (a) by omitting from sub-section (1) "be liable to pay to the member, or his dependants, or both, as the case may be, pensions in accordance with Division 1" and substituting the following:
"be liable to pay—
       (c) in the case of the incapacity of the member—a pension to the member in accordance with Division 1; or
       (d) in the case of the death of the member—pensions to the dependants of the member in accordance with Division 1"; and
    (b) by omitting from sub-section (2) "be liable to pay to the member or his dependants, or both, as the case may be, pensions in accordance with Division 1." and