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Where am I now? Lawlink > Law Reform Commission > Publications > Appendix D - The Definition of Privileged Testator in the Various States and Territories of Australia
Report 47 (1986) - Community Law Reform Program: Wills - Execution and Revocation
Appendix D - The Definition of Privileged Testator in the Various States and Territories of Australia
1. The legislation (apart from that of New South Wales) is contained in the following statutes:
- Australian Capital Territory Wills Ordinance, 1968, section 16.
- Northern Territory Wills Act, 1938, sections 7, 7A.
- Queensland: Succession Act, 1981, section 16.
- South Australia: Wills Act, 1936, section 11.
- Tasmania Wills Act, 1840, section 11; Wills Act, 1918; Age of Majority Act, 1973, Schedule.
- Victoria Wills Act, 1958, section 10.
- Western Australia Wills Act, 1970, sections 17-19.
2. The following broadly indicates the classes of privileged testators in the various Australian jurisdictions:
(1) Soldier [of any country (NSW)] in actual military service (NSW, Tas, Vic).
(2) Member of the Military Forces of the Commonwealth (ACT, NT, SA).
- who is in actual military service (ACT, NT)
- who is on active service (SA)
- during 1st and 2nd World War (Vic, Tas) or during Korean and Malayan conflicts (Vic).
(3) Member of naval or marine force of any country, so circumstanced that if he were a soldier he would be in actual military service (NSW).
(4) Member of Her Majesty’s naval or marine forces when he is so circumstanced that if he were a soldier he would be in actual military service (Tas, Vic).
(5) Member of the Naval Forces of the Commonwealth (ACT, NT, SA, Tas, Vic)
(6) Member of an air force, of any country, in actual military service (NSW).
(7) Member of the Air Force of the Commonwealth (ACT, NT, SA)
(8) “Any person, whether as a member or not, serving with the armed forces of the Commonwealth or its allies while in actual military, naval or air service in connection with operations that are or have been taking place, or are believed to be imminent in relation to a war declared or undeclared or other armed conflict in which members of such armed forces are, or have been or are likely to be engaged” (Qld, WA).
(9) Any person who was engaged on war service as if such person were a soldier “being in actual military service” (Vic).
(10) “Persons subject to the Defence Act 1903-19 17, or that Act as amended, by virtue of section 1 17A of that Act or of that Act as amended who are so circumstanced that, if they were members of the Military Forces of the Commonwealth. they would be in actual military service” (ACT, NT).
(11) “Persons employed outside Australia as representatives of organizations rendering philanthropic, welfare or medical service to members of the Defence Force.” (ACT, NT)
- persons engaged outside Tasmania (Tas), outside Victoria (Vic), during theist and 2nd World Wars (Tas, Vic), and during the Korean and Malayan conflicts (Vic), on work of any Red Cross Society or ambulance association or body with similar objects (Tas, Vic).
(12) “Prisoners of war or persons interned in a country under the sovereignty, or in the occupation. of the enemy or in a neutral country who became prisoners of war or were so intended as a result of war or war- like operations and were, immediately before their capture or internment, persons included in a class of persons specified in a preceding paragraph of this sub-section” (ACT, NT).
(13) Mariner or seaman being at sea (NSW, Qld, Tas, Vic, WA).
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