The court found that the two hours spent by the appellant during WWII after voluntarily surrendering to the enemy did not constitute internment for the purposes of the (CTH) Social Security and Veterans' Affairs Legislation Amendment (One-off Payments and Other 2007 Budget Measures) Act 2007. This was because the surrender area was not an 'other place' as provided by the Act and the presence of the enemy in the area did not supply the requisite restriction on the appellant's freedom of movement.
Federal Court of Australia - Logan J - 19 June 2009 - [2009] FCA 667