Commonwealth Consolidated Acts

MILITARY SUPERANNUATION AND BENEFITS ACT 1991 - SECT 51A

Application

  (1)   This section applies to a member benefit that was or is payable under the Rules to a person because the person ceased to be a member during either of the following periods:

  (a)   the period beginning on 1   October 1991 and ending at the end of 26   May 1992;

  (b)   the period beginning on 9   September 1992 and ending at the end of 21   April 1993.

Retrospective effect

  (2)   In calculating the member benefit, the Rules have effect as if MSB Instrument No.   3 of 1993 had been made, and had come into force, on 1   October 1991.

Repayment of excess

  (3)   If:

  (a)   the member benefit has been paid to the person; and

  (b)   the amount paid exceeds the amount that the person would have been entitled to be paid if MSB Instrument No.   3 of 1993 had been made, and had come into force, on 1   October 1991;

the person is liable to repay the amount of the excess.

Recovery of repayment

  (4)   If a person is liable to repay an amount under subsection   (3):

  (a)   the amount may be recovered as a debt due to the Board or the Commonwealth, as the case may be; and

  (b)   the amount may be deducted from any other amount that is payable to the person by the Board or the Commonwealth, as the case may be.

Definition

  (5)   In this section:

"MSB Instrument No. 3 of 1993" means Instrument No.   3 of 1993 made under subsection   5(1) on 19   April 1993 and notified in the Gazette on 22   April 1993.