Commonwealth Consolidated Acts

DEFENCE FORCE RETIREMENT AND DEATH BENEFITS ACT 1973 - SECT 137

  (1)   In this section:

"enactment" means:

  (a)   an Act; or

  (b)   an instrument made under an Act.

"prescribed provision" means:

  (a)   subsection   42A(1) or (2) of the previous Act; or

  (b)   regulation   11, 14, 15 or 16 or subregulation   19(1) or (2) of the Defence Force (Bounties and Gratuities) Regulations; or

  (c)   clause   6, 10, 13, 15, 17 or 30 of Determination   0705, Gratuities made under section   58B of the Defence Act 1903 , being that determination as in force from time to time.

  (2)   Where an eligible member of the Defence Force who has received payment of an amount under a prescribed provision elects under section   132 to become a member of the MSB scheme, then, in spite of any provision of an enactment regarding the repayment of that amount, that amount, or any part of that amount that remains unpaid at the time of the election, becomes payable to the Commonwealth and may be recovered as a debt.