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WAR GRATUITY ACT 1945 - SECT 2

Interpretation [see Note 2]

In this Act, unless the contrary intention appears:

"Australia" means that area comprising the States of the Commonwealth, the Australian Capital Territory and the Northern Territory.

"Australian Territories" means the Territories of Papua, New Guinea and Norfolk Island.

"date of embarkation", in relation to a member, means the date upon which the member embarked on a ship or aircraft for service in an overseas area, but shall not be deemed to refer to the embarkation on that ship or aircraft on that date of a member who disembarked from that ship or aircraft before reaching an overseas area and, in the opinion of a prescribed authority, did not proceed forthwith in the same or another ship or aircraft for service in an overseas area.

"date of entitlement" means the date on which a member or other person becomes entitled to be credited in the Register of War Gratuities with war gratuity in respect of the service of the member.

"death due to war service" means death of a member which occurred in circumstances in which:

(a)
the Commonwealth is liable to pay pension under Part II of the Veterans' Entitlements Act 1986 ; or
(b)
the Commonwealth would be liable to pay pension under that Part if pension were payable to a female veteran's spouse.
"dependants" means the spouse or children (including ex-nuptial children) of any person who is or was a member, and any person who is or was wholly or partly dependent for his or her support upon the earnings of that person during the period of his or her service as a member or subsequently at any time before the date of entitlement of that person to war gratuity.

"excepted injury or illness", in relation to a member, means:

(a)
an injury or illness which, in the opinion of a prescribed authority, was due to or arose from the serious default or wilful act of the member;
(b)
an intentionally self-inflicted injury; or
(c)
an injury or illness which, in the opinion of a prescribed authority, was due to or arose from any occurrence happening during the commission of a serious breach of discipline.
"general qualifying service" means service performed on the days prescribed by section nine of this Act as days of general qualifying service.

"member" means a person who, at any time during the war, has been:

(a)
a member of the Naval Forces;
(b)
a member of the Military Forces; or
(c)
a member of the Air Force.
"member of the Naval Forces" means a member of the Naval Forces raised in pursuance of the Naval Defence Act 1910-1934 and includes:

(a)
any person who held a rank or rating in the Naval Forces (whether Permanent, Reserve or Temporary) of any part of the King's dominions, other than the Commonwealth, in respect of any period in which he served as a member of the Royal Australian Navy; and
(b)
any member of the Royal Australian Naval Nursing Service or the Women's Royal Australian Naval Service and such members or classes of members as are prescribed of any body or organization which has been replaced by or merged into either of those Services.
"member of the Military Forces" means:

(a)
a member of the Permanent Military Forces;
(b)
a member of the Australian Imperial Force; and
(c)
a member of the Citizen Military Forces, enlisted, appointed or called up for continuous full time war service;

and includes a member of the Australian Army Nursing Service, the Australian Women's Army Service, the Australian Army Medical Women's Service or the Voluntary Aid Detachment and such members or classes of members as are prescribed of any body or organization which has been replaced by or merged into any of those bodies.

"member of the Air Force" means a member of the Royal Australian Air Force established under the Air Force Act 1923-1941 , and includes a member of the Royal Australian Air Force Nursing Service or the Women's Auxiliary Australian Air Force and such members or classes of members as are prescribed of any body or organization of women which has been replaced by or merged into either of those bodies.

"month", for the purposes of sections four, eight, twelve and thirteen of this Act, means a period of thirty days.

"overseas area" means:

(a)
in relation to service during the period commencing on the third day of September, One thousand nine hundred and thirty-nine and ending on the sixth day of December, One thousand nine hundred and forty-one, any area outside Australia and outside Australian Territories; or
(b)
in relation to service during the period commencing on the seventh day of December, One thousand nine hundred and forty-one and ending on the thirtieth day of June, One thousand nine hundred and forty-seven, any area outside Australia.
"overseas qualifying service" means service performed on the days prescribed by section seven of this Act as days of overseas qualifying service.

sea-going ship does not include a depot ship or a ship principally employed on or in connexion with port or harbour defence.

"service abroad" means service by a member:

(a)
in an overseas area or in a sea-going ship as a member of a body, contingent or detachment of the Defence Force engaged in service in such an area or ship; or
(b)
as a member of the air crew of a squadron, if the role of the squadron was operational involving flights out of Australia;

and includes service during the period of any voyage to an overseas area commencing on and including the date of embarkation for that area and service during the period of any voyage from an overseas area up to and including the date of disembarkation.

"spouse" in relation to a member, includes:

(a)
a de facto spouse of the member; or
(b)
a widow or widower of the member; or
(c)
a person who was a de facto spouse of the member immediately before the member's death.
"the cessation of hostilities" means a date to be proclaimed by the Governor-General from which, for the purposes of this Act, the hostilities in which the Commonwealth of Australia is engaged in the war shall be deemed to have ceased.

"the war" means the war with Germany which commenced on the third day of September, One thousand nine hundred and thirty-nine, and includes any other war in which His Majesty became engaged after that date and before the date of commencement of this Act.

"war gratuity" means war gratuity under this Act.


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