New South Wales Consolidated Acts

LANDLORD AND TENANT (AMENDMENT) ACT 1948 - SECT 99

99 Definitions

(1) In this Part, unless the contrary intention appears:
"discharged member of the Forces" means a person who having been a member of the Defence Force engaged on war service during the present war or in connection with any naval, military or air operations conducted by or on behalf of the United Nations Organisation:

(a) has been discharged from the Defence Force, or has ceased to be engaged on war service, for a period not exceeding the prescribed period, or

(b) having been discharged from the Defence Force, or having ceased to be engaged on war service, for a period exceeding the prescribed period:

(i) is receiving a pension from the Commonwealth, or

(ii) is not receiving such a pension, but is receiving from the Commonwealth medical treatment of such a nature as to prevent him or her either wholly or partly from engaging in his or her occupation.

"female dependant of a member" means a female who is wholly or substantially dependent for her support upon a member of the Forces or a member of the United Nations Forces.
"female dependant of a discharged member" means:

(a) a female who is wholly or substantially dependent for her support upon a person who, having been a member of the Defence Force engaged on war service during the present war or in connection with any naval, military or air operations conducted by or on behalf of the United Nations Organisation, has been discharged from the Defence Force, or has ceased to be engaged on war service, for a period not exceeding the prescribed period,

(b) a female who is wholly or substantially dependent for her support upon a pension payable in consequence of the incapacity or the death of a person who has been a member of the Forces or a member of the United Nations Forces,

(c) the wife of a person who, having been a member of the Defence Force engaged on war service during the present war or in connection with any naval, military or air operations conducted by or on behalf of the United Nations Organisation:

(i) has been discharged from the Defence Force, or

(ii) has ceased to be engaged on war service,

and although not receiving a pension, is receiving from the Commonwealth medical treatment of such a nature as to prevent him either wholly or partly from engaging in his occupation,

(d) the widow of a member of the Forces or of a member of the United Nations Forces who died while engaged on war service during the present war or in connection with any naval, military or air operations conducted by or on behalf of the United Nations Organisation.

"member of the Forces" means a member of the Defence Force engaged on war service (otherwise than in connection with any naval, military or air operations conducted by or on behalf of the United Nations Organisation), and includes any person who is on active service (otherwise than in connection with any such naval, military or air operations) with the Naval, Military or Air Forces:

(a) of the United Kingdom or of any other part of the Queen’s dominions (other than the Commonwealth),

(b) of any foreign power allied or associated with Her Majesty in any war in which Her Majesty is engaged, or

(c) maintained by any foreign authority recognised by Her Majesty as competent to maintain Naval, Military or Air Forces for service in association with Her Majesty’s Forces.

"member of the United Nations Forces" means a member of the Defence Force engaged on war service in connection with any naval, military or air operations conducted by or on behalf of the United Nations Organisation, and includes any person who is on active service, in connection with such naval, military or air operations, with the Naval, Military or Air Forces:

(a) of the United Kingdom or of any other part of the Queen’s dominions (other than the Commonwealth), or

(b) of any foreign power aiding or assisting the United Nations Organisation in the conduct of such naval, military or air operations.

"parent of a member" means a person who is a parent of, and is wholly or substantially dependent for his or her support upon, a member of the Forces or a member of the United Nations Forces.
"parent of a discharged member" means:

(a) a person who is a parent of, and is wholly or substantially dependent for his or her support upon, a person who, having been a member of the Defence Force engaged on war service during the present war or in connection with any naval, military or air operations conducted by or on behalf of the United Nations Organisation, has been discharged from the Defence Force, or has ceased to be engaged on war service, for a period not exceeding the prescribed period,

(b) a person who is a parent of, and is wholly or substantially dependent for his or her support upon a pension payable in consequence of the incapacity or death of, a person who has been a member of the Forces or a member of the United Nations Forces,

(c) a parent of a person who, having been a member of the Defence Force engaged on war service during the present war or in connection with any naval, military or air operations conducted by or on behalf of the United Nations Organisation:

(i) has been discharged from the Defence Force, or

(ii) has ceased to be engaged on war service,

and, although not receiving a pension, is receiving from the Commonwealth medical treatment of such a nature as to prevent him or her, either wholly or partly, from engaging in his or her occupation, and upon whom that parent was, immediately prior to the discharge of that person, or immediately prior to that person ceasing to be engaged on war service, wholly or substantially dependent for his or her support.

"pension" means a pension (including a service pension) under the Repatriation Act 1920-1951 of the Parliament of the Commonwealth, and includes a pension payable under any law of a country outside the Commonwealth providing for payment of pensions to members, or former members of the Naval, Military or Air Forces of that country.
"prescribed period" means eight years or such extended period as the Governor may, from time to time by proclamation published in the Gazette, appoint.

Note: See proclamation published in Gazette No 120 of 6.8.1954, p 2344.

"present war" means any war in which His Late Majesty King George VI became engaged on or after the third day of September, one thousand nine hundred and thirty-nine, and includes any prescribed naval, military or air operations (whether such operations commenced before or after the commencement of the Landlord and Tenant (Amendment) Act 1952 ).

Note: See Regulation published in Gazette No 144 of 14.8.1953, p 2599.

"protected person" means:

(a) a member of the Forces or a member of the United Nations Forces who:

(i) is, or

(ii) was, for a total period of not less than twelve months during his or her period of war service,

required, by reason of his or her war service, to live in premises other than premises occupied by him or her, or by a member of the household to which he or she belongs, as a home,

(b) a discharged member of the Forces who was:

(i) immediately prior to his or her discharge,

(ii) for a continuous period of not less than three months during the period of six months immediately prior to his or her discharge, or

(iii) for a total period of not less than twelve months during his or her period of war service,

so required,

(c) a female dependant of a member or a parent of a member and that member:

(i) is, or

(ii) was, for a total period of not less than twelve months during his or her period of war service,

so required, or

(d) a female dependant of a discharged member or a parent of a discharged member and that member was:

(i) immediately prior to his or her discharge, ceasing to be engaged on war service, or death, as the case may be,

(ii) for a continuous period of not less than three months during the period of six months immediately prior to his or her discharge, ceasing to be engaged on war service, or death, as the case may be, or

(iii) for a total period of not less than twelve months during his or her period of war service,

so required.

"war service" means:

(a) the service of a member of the Citizen Forces when called up for war service under the Defence Act 1903-1941 of the Parliament of the Commonwealth or during continuous training under that Act, the Naval Defence Act 1910-1934 of the Parliament of the Commonwealth or the Air Force Act 1923-1941 of the Parliament of the Commonwealth,

(b) the continuous service under any of those Acts of any person who volunteers and is accepted for such service during war or in connection with any naval, military or air operations conducted by or on behalf of the United Nations Organisation,

(c) the continuous service of a person called upon to serve in the Defence Force in pursuance of any Act of the Parliament of the Commonwealth or of any regulations under an Act of the Parliament of the Commonwealth, and

(d) the service during war or in connection with any naval, military or air operations conducted by or on behalf of the United Nations Organisation of a member of the Permanent Forces.

(2) For the purpose of determining whether a person was or has been a member of the Forces, any reference in this section to Her Majesty or to the Queen shall be construed as including a reference to His Late Majesty King George VI.