Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations( 1 ) A person may apply to the Secretary for a determination that service performed by a person as a member of the Permanent Forces or the Reserves be treated as effective service.
(2) The Secretary may make the determination if :
(a) the service is not recognised as effective service under another provision of this Part; and
(b) the member was required for duty in relation to the service; and
( c ) the Secretary is satisfied that exceptional circumstances exist in relation to the person .
Note 1 : A decision under this section is reviewable under the Act (see section 22 of this instrument).
Note 2: For variation and revocation of a determination, see subsection 33(3) of the Acts Interpretation Act 1901 .
(3) Without limiting paragraph ( 2)(c), exceptional circumstances exist if:
(a) the person has had an extended period of illness or injury that prevents the person from performing service; or
(b) service has been performed but, as a result of a defective decision, is not recognised as effective service.
(4 ) The determination must specify the period of service that is to be treated as effective service .
( 5 ) T he person's period of effective service is increased by the period specified in accordance with subsection ( 4) .