Commonwealth Numbered Acts

DEFENCE FORCE RETIREMENT AND DEATH BENEFITS ACT 1973 No. 81 of 1973 - SECT 79

79. (1) Subject to sub-section 78 (6), where either of sections 77 or 78
applies in relation to a person, any benefit that, but for this Division,
would be payable to or in respect of him by reason of his having ceased to be
an eligible member of the Defence Force is not payable except where that
benefit is payable by virtue of the operation of this Division.

(2) Where-

   (a)  a payment of benefit has been made under sub-section 32 (2) or section
        56 to a person who has ceased to be an
        eligible member of the Defence Force; and

   (b)  after the payment was made, the person makes an election under section
        76, the election does not have any effect unless an amount equal to
        the amount of the payment is paid to the Commonwealth within seven
        days after the date of the election or within such further period as
        the Authority, in special circumstances, allows.