Commonwealth Consolidated Acts

DEFENCE FORCE RETIREMENT AND DEATH BENEFITS ACT 1973 - SECT 29

    Where:

  (a)   a contributing member has been retired on the ground of invalidity or of physical or mental incapacity to perform his duties;

  (b)   CSC is satisfied that the invalidity or incapacity was caused, or was substantially contributed to, by an occurrence that happened at a time when he was absent without leave and had been so absent for a period exceeding 60 consecutive days;

  (c)   in a case where the period when the contributing member was absent without leave commenced on or after 3   July 1985 or commenced before that day and ended on or after that day--both of the following subparagraphs apply:

  (i)   the salary and allowances of the member in respect of the period were forfeited under regulations made under the Defence Act 1903 ;

  (ii)   an amount equal to the amount of the salary and allowances forfeited was not subsequently paid, and is not payable, under those regulations to the member;

he is not entitled to invalidity benefit.