Commonwealth Consolidated Acts

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DEFENCE (PARLIAMENTARY CANDIDATES) ACT 1969 - SECT 17

Refund of gratuity

             (1)  Where:

                     (a)  an officer has been transferred to a Reserve under section 7, an enlisted member has been discharged from the Defence Force under section 8 or the continuous full‑time service of a member has been terminated under section 9; and

                     (b)  subsection (2) of section 10, subsection (2) of section 11 or subsection (2) of section 12 has effect in relation to him;

he shall pay to Australia an amount equal to the amount of any gratuity paid to him upon his being transferred to a Reserve, upon his being discharged or upon his continuous full‑time service being terminated and shall be deemed not to have received that gratuity.

             (2)  An amount payable by a person to Australia under this section may be recovered from the person in any court of competent jurisdiction as a debt due to Australia.

             (3)  In this section, gratuity includes bounty, but does not include a gratuity paid under the Defence Forces Retirement Benefits Act.



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