Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Chief of the Defence Force may, upon application being made in writing to him by a person who has been discharged from an arm of the Defence Force under section 8 for his re - instatement in the force of which he was a member immediately before he was discharged (being application made not later than two months after the date that is the declared date in relation to the relevant election or within such further period as the Chief of the Defence Force , in special circumstances, allows), cause the person to be re - enlisted in that force with the rank held by him immediately before he was discharged.
(2) Except as provided by Rules 62 and 63 of the Superannuation Rules, section 80 of the Defence Forces Retirement Benefits Act and by sections 52 and 54 of the Defence Force Retirement and Death Benefits Act, where a person is re - enlisted in a force by virtue of the last preceding subsection, he shall, upon re - enlistment, be deemed to have continued to have been a member of that force during the period commencing upon his being discharged and ending upon his re - enlistment but, subject to the next succeeding subsection, he shall be deemed to have been absent on leave without pay during that period.
(3) Where the last preceding subsection applies in relation to a person, the period in respect of which he is, under that subsection, deemed to have been absent on leave without pay shall not be taken into account in calculating the period that he has served under the engagement under which he was serving immediately before he was discharged.
(4) Any form of oath or affirmation that a person is, by any law of Australia, required to take or make upon enlistment in an arm of the Defence Force may, in respect of a person who is re - enlisted in that arm of the Defence Force by virtue of subsection ( 1), be modified appropriately.
(5) Notwithstanding subsection ( 3) or anything contained in any other law of Australia, the period in respect of which a person is, under this section, deemed to have been absent on leave without pay shall be treated as a period of service in calculating the entitlement of that person to long service leave or furlough.