Commonwealth Consolidated Acts

DEFENCE RESERVE SERVICE (PROTECTION) ACT 2001 - SECT 40

             (1)  This Part applies to continuous full time service rendered as a result of a call out (see Part 3).

             (2)  Essentially, many liabilities of a member or dependant that would otherwise fall due after the member starts rendering defence service are postponed. A liability may, for example, relate to principal or interest under a loan or the purchase price of something that the member or dependant has agreed to buy. Generally, the liability must have arisen before the member’s call out day.

             (3)  The liabilities are postponed for the shorter of the following:

                     (a)  the period that begins immediately after the member ceased to render defence service and that is equal to the length of that service;

                     (b)  the period of 12 months beginning immediately after he or she ceased to render that service.

             (4)  Interest accrues on the postponed liabilities. This is so regardless of whether the member or dependant had to pay interest in respect of the original liability.

             (5)  This Part also stays proceedings in respect of the postponed liabilities.