Commonwealth Numbered Acts

DEFENCE SERVICE HOMES AMENDMENT ACT 1978 No. 137 of 1978 - SECT 4

4. Section 4AAA of the Principal Act is amended-

   (a)  by omitting sub-section (1) and substituting the following
        sub-section:

''(1) Subject to this section, a person is a regular serviceman for the
purposes of this Act if-

   (a)  he has served on continuous full-time service as a member of the
        Defence Force, not being service that ended before 7 December 1972,
        and, during that service, has-

        (i)    in the case of service that commenced before 17 August
               1977-completed, whether before or after 7 December 1972, 3
               years' effective full-time service as such a member; or

        (ii)   in the case of service that commenced on or after 17 August
               1977-completed a period of 6 years' effective full-time service
               as such a member, being a period at the expiration of which he
               continued to render full-time service as such a member
               otherwise than by reason only of a delay in discharging him or
               otherwise terminating that service, including a delay for the
               purpose of the treatment or observation of an illness or
               injury;

   (b)  he was engaged to serve as a member of the Defence Force for a period
        of continuous full-time service of-

        (i)    in the case of a person so engaged before 17 August 1977-not
               less than 3 years; or

        (ii)   in the case of a person so engaged on or after 17 August
               1977-not less than 6 years,

but that service ended, on or after 7 December 1972, by reason of his death or
his discharge on the ground of invalidity or physical or mental incapacity to
perform duties; or

   (c)  he was an officer appointed for continuous full-time service in the
        Defence Force (other than an officer appointed before 17 August 1977
        whose appointment was for a period of continuous full-time service of
        less than 3 years or an officer appointed on or after 17 August 1977
        whose appointment was for a period of continuous full-time service of
        less than 6 years), but that service ended, on or after 7 December
        1972, by reason of his death or the termination of his appointment on
        the ground of invalidity or physical or mental incapacity to perform
        duties.''; and

   (b)  by inserting after sub-section (2) the following sub-sections:

''(2A) For the purposes of paragraph (b) of sub-section (1), where a person
re-engages to serve as a member of the Defence Force, other than as an
officer, for a period of continuous full-time service, he shall be taken to
have been engaged on his enlistment to serve until the expiration of the
period for which he re-engages.

''(2B) For the purposes of paragraph (c) of sub-section (1), where an officer
commences a period of continuous full-time service immediately after the
expiration of a previous period of such service by him, whether as an officer
or otherwise, he shall be taken to have been appointed on the commencement of
that previous period to serve until the expiration of the later period.''.