Defence Force Retirement and Death Benefits Act 1973

This section applies:

to a person who, under section 78 of the Defence Forces Retirement Benefits Act 1948, elected not to become a contributor under that Act and who, immediately before 1 October 1972, was a member of the Defence Force on continuous full‑time service (being service that is continuous with his service at the time he became entitled to make the election) but who was not a contributor under the previous Act;

to a person who, under section 80 of the Defence Forces Retirement Benefits Act 1948, or of that Act as amended and in force at any time before the commencement of the Defence Forces Retirement Benefits Act 1959, elected not to become a contributor under that Act, or that Act as amended, and who, immediately before 1 October 1972, was a member of the Defence Force on continuous full‑time service (being service that is continuous with his service at the time he became entitled to make the election) but was not a contributor under the previous Act;

to a person who, under section 82C of the Defence Forces Retirement Benefits Act 1948‑1950, elected not to become a contributor under that Act and who, immediately before 1 October 1972, was a member of the Defence Force on continuous full‑time service (being service that is continuous with her service at the time she became entitled to make the election) but was not a contributor under the previous Act;

to a person who, under subsection 83(6) of the Defence Forces Retirement Benefits Act 1959, or of that Act as amended and in force from time to time, elected not to be a contributor under the Defence Forces Retirement Benefits Act 1948‑1959 and who, immediately before 1 October 1972, was a member of the Defence Force on continuous full‑time service (being service that is continuous with her service at the time she became entitled to make the election) but was not a contributor under the previous Act.

A person to whom this section applies and who, but for this subsection, would, on 1 October 1972, be an eligible member of the Defence Force, shall be deemed not to be an eligible member of the Defence Force in respect of any period commencing on that date unless, by notice in writing given to CSC within a period of 90 days after the day on which this Act receives the Royal Assent, or within such further period as CSC, in special circumstances, allows, the person elects to be treated as an eligible member of the Defence Force.

Where a person referred to in paragraph (1)(a) makes an election under subsection (2):

he is not entitled to receive, or to have credited to him, any deferred pay or interest thereon to which he would, but for this subsection, have been entitled after 30 September 1972 by virtue of his service as a member of the Defence Force on continuous full‑time service on or after that date;

he shall repay to the Commonwealth the amount of any deferred pay or interest thereon that he has received in respect of such service; and

any credit to him of deferred pay in respect of such service shall be cancelled.