Commonwealth Consolidated Acts

DEFENCE FORCES RETIREMENT BENEFITS ACT 1948 - SECT 60

             (1)  Where a contributor retires or otherwise ceases to be a member and he is not entitled to a pension under this Act, he is, subject to the regulations, entitled to a refund of the amount of the contributions paid by him under this Act.

             (2)  Where a contributor has, under subsection (1), received a refund of the amount of his contributions, and again becomes a member and a contributor, he shall contribute as provided in section 23, but, unless subsection (3) applies in relation to him, shall not be entitled to claim any further benefit in respect of his previous service.

             (3)  Where:

                     (a)  a member has, on his retirement, become entitled to invalidity benefit consisting of a refund of the amount of contributions paid by him under this Act or of such a refund together with a gratuity;

                     (b)  within a period of 12 months after his retirement, he again becomes a member and a contributor; and

                     (c)  before the expiration of a period of 12 months after he again becomes a contributor or before he again ceases to be a member, whichever first occurs, he repays to the Fund the amount of the contributions refunded to him under subsection (1) and pays to the Commonwealth an amount equal to the gratuity, if any, received by him;

his service before his retirement and his service after he again becomes a contributor shall be deemed to be continuous.

             (4)  This section does not apply to a contributor who retires, or otherwise ceases to be a member, on or after 1 October 1972.