Commonwealth Consolidated Acts

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WAR SERVICE ESTATES ACT 1942 - SECT 4

Interpretation

(1)
In this Act, unless the contrary intention appears:

"active service":

(a)
in respect of any service before 3 July 1985—has the same meaning that it had in the Defence Act 1903 immediately before 3 July 1985; and
(b)
in any other case—has the same meaning as in the Defence Force Discipline Act 1982 .
"authorized person" means a person appointed by the Minister to be an authorized person for the purposes of this Act.

"deceased member" means a deceased person in respect of whose war service estate this Act applies.

"member" means a person who is or has been a member of the Defence Force, and includes:

(a)
a person who is or has been a member of a nursing service or women's auxiliary or other service established in connection with the Defence Force; and
(b)
any person who accompanies or has accompanied any part of the Defence Force on active service and is or was, while so accompanying that part, in the pay of the Commonwealth and:
(i)
in respect of a period before 3 July 1985—was subject to naval, military or air force law; and
(ii)
in any other case—is or was a defence civilian within the meaning of the Defence Force Discipline Act 1982 .
"Public Trustee" means the Public Trustee or Curator of Intestate Estates or other proper officer of a State or Territory having the custody or administration of intestate estates under the law of the State or Territory.

"time of war" has the same meaning as in the Defence Act 1903 .

"war" has the same meaning as in the Defence Act 1903 .

"war service":

(a)
in relation to a member not being a member of the Defence Force—means any service as a member in time of war; and
(b)
in relation to a person who is or was a member of the Defence Force:
(i)
in respect of any service before 3 July 1985—has the same meaning that it had in the Defence Act 1903 immediately before 3 July 1985; and
(ii)
in any other case—means any service in time of war and includes active service within the meaning of the Defence Force Discipline Act 1982 .
"war service estate" means:

(a)
the net amount of pay (including deferred pay), allowances or other money due to a member by Australia after the deduction of any amounts owing to Australia and such mess debts or other debts due to naval, military or air force institutions, as the Minister, in writing, directs; and
(b)
personal property or effects of a member in the care, control or custody of the naval, military or air force authorities at the time of the death of the member, or which came into that care, control or custody after the death of the member.

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