Commonwealth Numbered Acts

DEFENCE FORCE (RETIREMENT AND DEATH BENEFITS AMENDMENTS) ACT (No. 2) 1977 No. 161 of 1977 - SECT 35

35. (1) Section 53 of the Principal Act is amended by omitting sub-section (2)
and substituting the following sub-section:

''(2) Where a person who is a re-instated candidate to whom this Part applies
was paid, upon his ceasing to be an eligible member of the Defence Force-

   (a)  a refund of his contributions; or

   (b)  a payment of a prescribed kind (being a payment of, or in the nature
        of, a gratuity or bounty) under legislation relating to conditions of
        service of members of the Defence Force, in respect of his service
        before he so ceased, he shall pay to the Commonwealth an amount equal
        to that refund of contributions or to that payment, as the case
        requires.''.

(2) Any amount paid by a person to the Commonwealth in pursuance of
sub-section 53 (2) of the Principal Act shall be deemed, for the purposes of
the Principal Act as amended by this Act, to have been paid in pursuance of
sub-section 53 (2) of the Principal Act as so amended.