Commonwealth Consolidated Acts

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DEFENCE FORCE RETIREMENT AND DEATH BENEFITS ACT 1973 - SECT 5A

Persons excluded from definition of eligible member of the Defence Force

             (1)  Subject to subsection (2), a person who:

                     (a)  becomes, on or after 1 October 1991, a member of the Defence Force; or

                     (b)  being a member of a Reserve, commences on or after that day to render continuous full‑time service for a period of not less than 12 months;

is excluded from the definition of eligible member of the Defence Force in subsection 3(1).

             (2)  Subsection (1) does not apply to:

                     (a)  a person who:

                              (i)  ceased to be an eligible member of the Defence Force because he or she was transferred to a Reserve, was discharged from the Defence Force, or had his or her continuous full‑time service terminated, under the Defence (Parliamentary Candidates) Act; and

                             (ii)  under Part III of that Act is transferred back to, reinstated in, or accepted for further continuous full‑time service in, the force of which he or she was a member immediately before ceasing to be an eligible member of the Defence Force; or

                     (b)  a person to whom section 61B applies and who has elected under that section to become a contributory member; or

                     (c)  a person to whom section 63 applies.



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