Document ID: chunk:federal_register_of_legislation:C2004A04771:front:0:p28
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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 Australian mariner while the person was at a place (being a place that is in Australia but is not on land in Australia) in the course of proceeding to employment on a ship as an Australian mariner.

    "(4) For the purposes of subsection (3), 'Australia' does not include an external territory.".

Consequential amendments

  15. The Principal Act is further amended as set out in Schedule 1.

Division 4—Special and intermediate rates of pension

Intermediate rate of pension

  16. Section 23 of the Principal Act is amended:

  (a) by inserting before paragraph (1)(a) the following paragraphs:

          "(aa) the veteran has made a claim under section 14 for a pension, or an application under section 15 for an increase in the rate of the pension that he or she is receiving; and

          (aab) the veteran had not yet turned 65 when the claim or application was made; and";

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

  (c) by inserting after subsection (3) the following subsections:

      "(3A) This section applies to a veteran if:

        (a) the veteran has made a claim under section 14 for a pension, or an application under section 15 for an increase in the rate of the pension that he or she is receiving; and

        (b) the veteran had turned 65 before the claim or application was made; and

        (c) paragraphs (1)(a) and (1)(b) (as affected by subsection (2)) apply to the veteran; and

        (d) the veteran is, because of incapacity from war-caused injury or war-caused disease or both, alone, prevented from

        continuing to undertake the remunerative work ('last paid work') that the veteran was last undertaking before he or she made the claim or application; and

        (e) because the veteran is so prevented from undertaking his or her last paid work, the veteran is suffering a loss of salary or wages, or of earnings on his or her own account, that he or she would not be suffering if he or she were free from that incapacity; and

        (f) the veteran was undertaking his or her last paid work after the veteran had turned 65; and

        (g) when the veteran stopped undertaking his or her last paid work, the veteran:

            (i) if he or she was then working as an employee of another person—had been working for that person, or for that person and any predecessor or predecessors of that person; or

            (ii) if he or she was then working on his or her own account