War Service Land Settlement (Amendment) Act 1954 (NSW)

WAR SERVICE LAND SETTLEMENT

(AMENDMENT) ACT.

Act No. 11, 1954.

An Act to make provision for and in relation to Elizabeth ii,

the settlement on the land of persons who are discharged members of the Korea and Malaya Operations Forces; for this and other purposes to amend the War Service Land Settlement Act, 1941, and certain other Acts; and for purposes connected therewith. [Assented to, 14th April, 1954.]

■ BE

War Service Land Settlement (Amendment) Act.

No. 11, 1954. T>E it enacted by the Queen’s Most Excellent Majesty,

JD by and with the advice and consent of the Legis­ lative Council and Legislative Assembly of New South Wales in Parhament assembled, and by the authority of the same, as follows:—

Short title. 1. This Act may be cited as the “ War Service Land

Settlement (Amendment) Act, 1954.”

2 . The War Service Land Settlement Act, 1941, as

43,1941. amended by subsequent Acts, is amended by inserting

New sec. 10. at the end thereof the following new section:—

Members	10. (1) Subject to this section—
and dis­
members of

charged (a) the provisions of sections six, seven and

the Korea	nine of this Act and of the regulations
and Malaya
Operations	made for the purposes of such provisions,
Forces.	relating to members of the forces shall, mutatis mutandis, apply and be deemed to have always applied to and in respect of members of the Korea and Malaya Opera­ tions Forces;

(b) the provisions of this Act, of Part IVa of the Closer Settlement Amendment (Conver­ sion) Act, 1943, as amended by subsequent Acts, and of Division 3 of Part VI of the Crown Lands Consolidation Act, 1913, as amended by subsequent Acts, and of the regulations made for the purposes of such provisions, relating to discharged members of the forces, shall apply, mutatis mutandis, to and in respect of discharged members of the Korea and Malaya Operations Forces.

(2) (a) For the purposes of paragraph (a)

of subsection one of this section a reference in the

provisions therein specified to—

(i)  “member of the forces” shall be read as a reference to “ member of the Korea and Malaya Operations Forces” ;

(ii)   “war service” shall be read as a reference to “ war service” as defined in this section.

(b)

War Service Land Settlement (Amendment) Act. 21

(b) For the purposes of paragraph (b) of

subsection one of this section—

(i)  a reference in the provisions therein specified to “ discharged member of the forces” shall include “ discharged member of the Korea and Malaya Operations Forces” ;

(ii)   subsection three of section three of this Act shall be deemed to be amended by omitting paragraph (a) and by inserting in lieu thereof the following paragraph:—

(a) in the case of a discharged member of the Korea and Malaya Opera­ tions Forces, within three years after the date on which the appli­ cant ceased to be engaged on war service or the date of cessation of hostilities, whichever is the later.

(3) In this section, unless the context or

subject matter otherwise indicates or requires—

“ Discharged member of the Korea and Malaya Operations Forces” means a person who, having been a member of the Korea and Malaya Operations Forces has had his appointment terminated or received his discharge or for any other reason has ceased to be engaged on war service—

(a)	after not less than six months’ war service; or
(b)	after less than six months’ war service and has in the opinion of the classification committee been materially prejudiced by reason of bis war service;

but does not include any person the termina­ tion of whose appointment or whose discharge or whose ceasing to be engaged on war service was due to misconduct or

incapacity

War Service Land Settlement (Amendment) Act.

No. 11, 1954. incapacity resulting from his own default or any person who for a period of two years after his war service has ended (whether such war service ended before or after the commencement of the War Service Land Settlement (Amendment) Act, IQh'l) has continued to bo a member of the Permanent Forces.

“ Member of the Korea and Malaya Operations

Forces” means—

(a) a person who served on war service as a member of the Defence Force; and

(b) a person—

(i)  who served on war service as a member of the naval, military or air forces of a part of the Queen’s domin­ ions other than the Common­ wealth; and

(ii)  who is resident in Australia or in a Territory of the Commonwealth and was, immediately prior to his appointment or enlistment, domiciled in Australia or a Territory of the Common­ wealth.

•‘Operational area” means an area outside Australia that is prescribed to be an opera­ tional area for the purposes of warlike operations in Korea after the twenty-sixth day of June, one thousand nine hundred and fifty, or in Malaya after the twenty' eiahth day of June, one thousand nine hundred and fifty.

“ P o rt” includes airport.

“ War

War Service Land Settlement (Amendment) Act.	23
“ War service” , in relation to a member of the Korea and Malaya Operations Forces, means his service while—

(a)	a member of, or attached to a body, contingent or detachment of the Defence Force allotted for duty in an operational area; or
(b)	allotted for duty in an operational area.

(4) For the purposes of this section the war service of a member of the Korea and Malaya Operations Forces—

(a) shall be deemed to have commenced—

(i)  if he was in Australia at the time at Avhich he was allotted for war service—at the time of his depar­ ture from the last port of call in Australia for that service; or

(ii)  if he was outside Australia at the time at which he was allotted for war service—at the time at Avhich he was so allotted; and

shall be deemed to have ended—

(i)  in the case of a member who has returned to Australia—at the time of his arrival at the first port of call in Australia; or

(ii)  in the case of a member Avho has been allotted for duty in an area outside Australia other than an operational area—at the time of his arrival in that area, or, if he was in that area at the time at which he was so allotted, at that time.

(5) The regulations may prescribe different operational areas in respect of different classes of members of the Korea and Malaya Operations Forces.

BEOKFN .