Commonwealth Consolidated Acts

DEFENCE FORCE RETIREMENT AND DEATH BENEFITS ACT 1973 - SECT 28

             (1)  Subject to section 95, where:

                     (a)  a contributing member (not being a contributing member who has become an eligible member of the Defence Force by virtue of an election under section 90) is, within a period of one year after becoming a contributing member, retired on the ground of invalidity or of physical or mental incapacity to perform his duties; and

                     (b)  the Authority is satisfied that:

                              (i)  the invalidity or incapacity was caused, or was substantially contributed to, by a physical or mental condition that existed at the time when he became a contributing member; and

                             (ii)  the condition was not aggravated, or was not materially aggravated, by his service after becoming a contributing member;

he is not entitled to invalidity benefit.

             (2)  Where:

                     (a)  a member of the scheme who has retired again becomes an eligible member of the Defence Force otherwise than without a break in the continuity of his service;

                     (b)  he is not a person who, on again becoming an eligible member of the Defence Force, was entitled to, and made, an election under section 51; and

                     (c)  after again becoming an eligible member of the Defence Force, he is retired on the ground of invalidity or of physical or mental incapacity to perform his duties;

he shall, for the purposes of subsection (1), be treated as if he had first become a contributing member at the time when he again became an eligible member of the Defence Force.