Service abroad for a continuous period of not less than ninety days or for periods aggregating not less than one hundred and eighty days in any period of twelve months;

Service abroad for any period or periods less than those specified in paragraph (a) of this subsection, if, at the end of any such period, the member has been returned to Australia, or discharged from his or her ship, owing to injury or illness, not being an excepted injury or illness;

Service abroad for any periods at any time subsequent to service within the provisions of paragraph (a) or (b) of this subsection;

Service abroad for any period, if the member’s death occurred at the end of the period;

Service in any area, other than an overseas area, for any period of treatment in hospital or convalescent depot immediately following a member’s return from service abroad, or discharge from his or her ship, owing to injury or illness, not being an excepted injury or illness;

Service in any area, other than an overseas area, for any period not exceeding ninety days immediately following any period of service described in paragraph (a), (b), (c) or (e) of this subsection, except in cases where a member has been returned to Australia from an overseas area, or discharged from his or her ship, on account of an excepted injury or illness, and except in such other cases as are prescribed; and

In the event of a period of service described in paragraph (a), (b), (c), (d), (e) or (f) of this subsection having been terminated by death due to war service, the period from the date of death to the date of notification of death to the Repatriation Commission or to the thirtieth day of June, One thousand nine hundred and forty-seven, whichever is the earlier date, except in the case of the death of a member during the period deemed to be service by subsection (1) of section eleven of this Act:

Provided that:

if a member, after the cessation of hostilities, commences a period of service abroad, that service shall not be classified as overseas qualifying service, except in such cases and subject to such conditions as are prescribed; and

if a member has returned to Australia at the member’s own request or for prescribed disciplinary reasons, the period specified in paragraph (f) of this subsection subsequent to the date of the member’s disembarkation shall not be deemed to be overseas qualifying service, except in cases where a prescribed authority, acting in pursuance of powers conferred on a prescribed authority by the regulations, directs that it shall be deemed to be overseas service.

Service classified as overseas qualifying service within the provisions of section seven of this Act;

Service on and after the seventh day of December, One thousand nine hundred and forty-one, if the member had served on continuous full-time war service for a period of six months immediately preceding that date;

Service on and after the day following the date subsequent to the seventh day of December, One thousand nine hundred and forty-one, on which the member completed a period of six months continuous full-time war service;

In the event of a period of service described in paragraph (b) or (c) of this subsection having been terminated by death due to war service, the period from the date of death to the date of notification of death to the Repatriation Commission or to the thirtieth day of June, One thousand nine hundred and forty-seven, whichever is the earlier date, except in the case of the death of a member during the period deemed to be service under subsection (1) of section eleven of this Act; and

Service on or after the seventh day of December, One thousand nine hundred and forty-one, by a member who died before the completion of the period of six months service referred to in paragraph (c) of this subsection, where the member’s death was due to war service.

any day in respect of which a member was not entitled to the full pay appropriate to the member’s appointment, rank or rating or in respect of which the member’s pay was forfeited, or, in the case of a member of the Naval Forces, any day on which the member was absent without leave and in respect of which the member’s pay was mulcted under the appropriate Naval Regulations; or

any day which was not part of the continuous full-time war service of a member:

Provided that, where a prescribed authority is satisfied, in respect of any day in respect of which a member was not entitled to the full pay appropriate to the member’s appointment, rank or rating or in respect of which the member’s pay was forfeited or mulcted, that there exist mitigating circumstances which justify the inclusion of that day as a day of overseas qualifying service or general qualifying service, the prescribed authority may direct that that day be so included.

is beneficially entitled under the will of the deceased to any part of his estate; or

is, or would, if the deceased had died intestate, have been entitled to a share in the distribution of the deceased’s intestate estate;

and who is the spouse, or a child, parent, step-parent, foster-parent or dependant of the deceased.

who has been absent without leave for a period of thirty days or more and has not, prior to such date as is prescribed in relation to the class of members in which the member is included, surrendered or been apprehended;

who, after such date as is prescribed in relation to the class of members in which the member is included, has absented himself or herself without leave for a continuous period of thirty days or more;

who is proved to the satisfaction of a prescribed authority to have been discharged or to have had his or her appointment terminated in consequence of wounds intentionally inflicted by himself or herself or illness intentionally induced by himself or herself;

who being an officer was, by sentence of court-martial, cashiered or dismissed from His Majesty’s service or from the Defence Force or whose commission was cancelled, or whose appointment was terminated, by sentence of court-martial, or who was retired and such retirement was entered in Service records as being on account of an offence or misconduct of any kind committed during his or her service; or

who, by reason of any sentence or award of penal servitude, imprisonment or detention imposed on him or her while on the voyage for service overseas or while in a training camp, a ship or a depot, was unable to join a unit in the field, a ship or a depot (other than a unit or depot to which the member was posted for the purpose of undergoing penal servitude, imprisonment or detention, or a training camp or training depot) unless:

he or she had, prior to the date of the sentence or award, completed a period of overseas qualifying service; and

in the opinion of a prescribed authority, the circumstances of that service are such as would not justify his or her being disqualified for war gratuity.

2 Any member of the Naval Forces:

who has been discharged “Run”;

who has been dismissed from His Majesty’s Service with disgrace;

who has been dismissed from His Majesty’s Service;

who has been discharged from the Naval Service as “Services no longer required”;

whose services have been dispensed with on account of misconduct; or

who has been invalided from the Naval Services for causes due to misconduct or within his or her control.

3 Any member of the Military Forces:

who has been, by sentence of court-martial, discharged with ignominy from His Majesty’s Service or discharged from the Defence Force;

who has been discharged for any of the following reasons:

that he or she had been guilty of misconduct;

that he or she had made a false answer on attestation;

that he or she was considered unfit for the duties of his or her corps; or

that it was considered his or her services were no longer required,

and such discharge was, and was entered in Service records as being, on account of misconduct or discreditable service;

who has been discharged for any of the following reasons:

that by reason of numerous convictions he or she is deemed to be incorrigible;

that he or she has been sentenced during his or her service to penal servitude or imprisonment by a civil court or by a court-martial; or

that he or she has been sentenced by a court-martial to detention for a period of six months or more; or

who has been discharged for any of the following reasons:

that he or she was found to be not suitable for any military service;

that he or she was considered unsuitable for any further military duty; or

because his or her services, for any reason considered sufficient by the Military Board, were no longer required,

and such discharge was, and was entered in Service records as being, on account of misconduct or discreditable service, or was because he or she had been sentenced to death by a civil court during his or her service.

4 Any member of the Air Force:

who has been, by sentence of court-martial, discharged with ignominy from His Majesty’s Service or discharged from the Defence Force; or

whose appointment has been terminated or who has been discharged for reasons designated in the authority for termination of appointment or discharge as disciplinary.

5 Any other class prescribed by the regulations.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history