Commonwealth Numbered Acts

DEFENCE FORCE RETIREMENT AND DEATH BENEFITS ACT 1973 No. 81 of 1973 - SECT 5

5. (1) For the purposes of the definition of ''eligible member of the
Defence Force'' in sub-section 3 (1), a member of the Defence Force serving on
continuous full-time service shall not be deemed to have ceased to be on
continuous full-time service during any period during which he is-

   (a)  absent with or without leave;

   (b)  awaiting or undergoing trial on a charge; or

   (c)  undergoing punishment, detention or imprisonment.

(2) Where a contributing member ceases to be on continuous full-time service
but continues to be a member of the Defence Force he shall, for the purposes
of this Act, be deemed to have retired on the day on which he ceases to be on
continuous full-time service.

(3) Where a contributing member retires and, without a break in the continuity
of his service, again becomes an eligible member of the Defence Force serving
on continuous full-time service, he shall, for the purposes of this Act, be
deemed not to have ceased to be an eligible member of the Defence Force by
reason of that retirement.