Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Part, unless the contrary intention appears:
"Fund" means the Defence Forces Retirement Benefits Fund.
"period of previous contributory qualifying service" , in relation to an existing contributor, means a period equal to the sum of:
(a) any periods of service of the existing contributor before 1 October 1972 in respect of which, before that day, the existing contributor had contributed or was liable to contribute under the previous legislation, other than:
(i) any period that under the regulations is not to be taken into account for the purposes of this paragraph;
(ii) in a case where the existing contributor had, whether before or after that day, received or become entitled to receive, a refund of the contributions paid by the existing contributor under the previous legislation in respect of a period--that period; or
(iii) in a case where the existing contributor had, before that day, retired and did not, without a break in continuity of service, again become a member of the Defence Force on continuous full - time service--any other period of service before the existing contributor so retired or last retired; and
(b) any other periods of service before 1 October 1972 that would have been periods of effective service applicable to him under this Act if this Act had come into operation on the day on which he first became a member of the Defence Force serving on continuous full - time service, other than such a period that, under regulations made for the purposes of this definition, is not to be taken into account for the purposes of this paragraph.
"period of previous non-contributory qualifying service" , in relation to a member of the scheme, means a period that the member has, under section 89 or 93, elected to have taken into account as a period of qualifying service for the purposes of this Act.
"post-1959 contributor" means an existing contributor who is not a pre - 1959 contributor.
"pre-1959 contributor" means a person who is an existing contributor for the purposes of this Act and who was also an existing contributor as defined by subsection 38(1) of the Defence Forces Retirement Benefits Act 1959 , but does not include a person in relation to whom regulation 5 or regulation 7 of the Defence Forces Retirement Benefits (Existing Contributors) Regulations, or regulation 6 of the Defence Forces Retirement Benefits (Prescribed Contributors) Regulations, apply or have applied.
"transitional period" means the period commencing on the date of commencement of the scheme, and ending immediately before the day on which this Act receives the Royal Assent.
(2) For the purposes of this Part, the aggregate pay of an existing contributor, in respect of, or in respect of a part of, his period of previous contributory qualifying service, is such amount as is ascertained by CSC, in accordance with the regulations, as the amount that, for the purposes of this Part, is to be treated as the amount of aggregate pay received by him in respect of that period or of that part of that period, as the case may be.