Reg 302-195 repealed by SLI No 388 of 2009, reg 5 and Sch 3 item 1, effective 17 December 2009. Reg 302-195 formerly read:
REGULATION 302-195 CIRCUMSTANCES IN WHICH A PERSON DIED IN THE LINE OF DUTY
302-195(1)
For subsection
302-195(3)
of the Act, this regulation sets out circumstances in which a deceased person mentioned in subsection
302-195(2)
of the Act (a
military or police person
) died in the line of duty:
(a)
in Australia or on overseas service
-
subregulations (2), (3), (4), (5), (9) or (10); and
(b)
on overseas service
-
subregulations (6), (7) and (8).
Note:
When this regulation was made, subsection
302-195(2)
of the Act mentioned the following persons:
(a) a member of the Defence Force;
(b) a member of the Australian Federal Police;
(c) a protective service officer within the meaning of the
Australian Federal Police Act 1979
;
(d) a member of a State or Territory police force.
Performance of duties
302-195(2)
A circumstance is that the military or police person died while performing the duties of a military or police person.
302-195(3)
A circumstance is that:
(a)
the military or police person was off-duty at the time of his or her death; and
(b)
his or her death occurred:
(i)
in the course of an attempt to arrest a suspected offender; or
(ii)
in the course of an attempt to prevent an offence; or
(iii)
in the course of an attempt to rescue a person; or
(iv)
while he or she was travelling to a place of work as a result of being recalled to duty.
Injury
302-195(4)
A circumstance is that the military or police person:
(a)
died within 12 months after sustaining an injury; and
(b)
died as a result of sustaining the injury; and
(c)
sustained the injury while performing the duties of a military or police person.
302-195(5)
A circumstance is that the military or police person:
(a)
was off-duty at the time of sustaining an injury; and
(b)
sustained the injury:
(i)
in the course of an attempt to arrest a suspected offender; or
(ii)
in the course of an attempt to prevent an offence; or
(iii)
in the course of an attempt to rescue a person; or
(iv)
while he or she was travelling to a place of work as a result of being recalled to duty; and
(c)
died within 12 months after sustaining the injury; and
(d)
died as a result of sustaining the injury.
Overseas service
302-195(6)
A circumstance is that the military or police person:
(a)
was a member of the Defence Force; and
(b)
died while serving overseas, if the service was:
(i)
warlike service mentioned in paragraph 6(1)(a) of the
Military Rehabilitation and Compensation Act 2004
; or
(ii)
non-warlike service mentioned in paragraph 6(1)(b) of the
Military Rehabilitation and Compensation Act 2004
.
302-195(7)
A circumstance is that the military or police person:
(a)
was a member of the Australian Federal Police or a protective service officer within the meaning of the
Australian Federal Police Act 1979
; and
(b)
died while serving overseas, if the service was:
(i)
at a place specified in a determination under subsection 40H(1) of the
Australian Federal Police Act 1979
; and
(ii)
on a peace-keeping or capacity-building mission.
302-195(8)
A circumstance is that the military or police person:
(a)
was a member of a State or Territory police force; and
(b)
died while serving overseas, if the service was:
(i)
undertaken as a special member of the Australian Federal Police under section 40E of the
Australian Federal Police Act 1979
; and
(ii)
on a peace-keeping or capacity-building mission.
Consequences of duties
302-195(9)
A circumstance is that, as a result of action taken because the person was a military or police person, the military or police person sustained an injury from which he or she died:
(a)
immediately; or
(b)
within 12 months after sustaining the injury.
Example
The person was killed in retaliation for an action taken in the capacity of a military or police person.
Uncertainty about circumstances of death
302-195(10)
A circumstance is that:
(a)
the military or police person has died; and
(b)
it is not certain, after reasonable inquiry, whether the person died in a circumstance described in regulation
302-195A
.
Note:
If it is uncertain whether the death falls within regulation
302-195A
, the person will be taken to have died in the line of duty.
Interpretation
302-195(11)
For this regulation, the time when a military or police person is off-duty includes a time when he or she is:
(a)
travelling to or from his or her place of work; or
(b)
on a rostered day off work; or
(c)
on leave from work.
Reg 302-195 inserted by SLI No 328 of 2007, reg 3 and Sch 1 item 1, applicable in relation to an income year that begins on or after 1 July 2007.
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