Defence Legislation Amendment Act 1988 (Cth)
PART I—PRELIMINARY
Section
1. Short title
2. Commencement
PART II—AMENDMENT OF DEFENCE ACT 1903
3. Principal Act
4. Resignation of officers
5. Discharge of soldiers who are enlisted until attaining retiring age
PART III—AMENDMENT OF DEFENCE FORCE RETIREMENT AND DEATH BENEFITS ACT 1973
6. Principal Act
7. Commutation of retirement pay
8. Commutation of Class C invalidity pay
PART IV—AMENDMENT OF DEFENCE HOUSING AUTHORITY ACT 1987
9. Principal Act
10. Interpretation
11. Constitution
12. Termination of appointment
13. Acting appointments
PART V—AMENDMENT OF NAVAL DEFENCE ACT 1910
14. Principal Act
15. Resignation of officers
16. Discharge of sailors who are enlisted until attaining retiring age
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BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
(a) by omitting from subparagraph (2) (c) (i) “special” (first occurring);
(b) by omitting from subparagraph (2) (c) (ii) “or” (first occurring) and substituting “and”.
(a) by omitting from subparagraph (5) (b) (i) “special” (first occurring);
(b) by omitting from subparagraph (5) (b) (ii) “or” (first occurring) and substituting “and”.
“(1) A person who is, or is about to become, entitled to retirement pay may, by notice in writing given to the Authority, elect to commute a portion of his or her retirement pay in accordance with this section.
“(1aa) A notice under subsection (1) shall be given not earlier than 3 months before becoming entitled to retirement pay and not later than one year after becoming so entitled or such further period as the Authority, in special circumstances, allows.”;
(b) by omitting “recipient member” (wherever occurring) and substituting “person”;
(c) by omitting from paragraphs (2a) (a) and (b) “member” (wherever occurring) and substituting “person”;
(d) by omitting from subsection (2a) “was entitled” and substituting “was or will be entitled”;
(e) by adding at the end of subsection (4) “or the day following the day on which the person retires, whichever is the later”.
(a) by omitting subsection (1) and substituting the following subsection:“(1) This section applies to a member of the scheme who:
(a) is, or is to be, retired after the commencement of this section; and
(b) on retirement, is, or is likely to be, classified as Class C under section 30 and entitled to invalidity pay.”;
(b) by omitting subsection (2) and substituting the following subsections:“(2) A member of the scheme to whom this section applies may, by notice in writing given to the Authority, elect to commute a portion of his or her invalidity pay in accordance with this section.
“(2a) A notice under subsection (2) shall be given not earlier than 3 months before becoming entitled to invalidity pay and not later than one year after becoming so entitled or such further period as the Authority, in special circumstances, allows.”;
(c) by omitting from subsection (4) “was entitled” and substituting “was or will be entitled”;
(d) by inserting after subsection (5) the following subsection:“(5a) If a member of the scheme:
(a) makes an election under this section before becoming entitled to invalidity pay; and
(b) is subsequently classified otherwise than as Class C under section 30;
the election has no effect.”;
(e) by adding at the end of subsection (6) “or the day following the day on which the member of the scheme retires, whichever is the later”.
“(ca) the spouse of a member of the Defence Force, being a member of the Defence Force who is rendering continuous full-time service;”;
(b) by omitting from paragraph (1) (e) “3” and substituting “4”;
(c) by inserting after subsection (1) the following subsection:“(1a) In paragraph (1) (ca):
‘spouse’, in relation to a person, includes a person of the opposite sex who, although not legally married to the first-mentioned person, lives with that person as the husband or wife of that person on a genuine domestic basis.”.
“(aa) a person appointed as a member referred to in paragraph 12 (1) (ca) ceases to come within the description in that paragraph;”.
(a) by omitting from subparagraph (2) (c) (i) “special” (first occurring);
(b) by omitting from subparagraph (2) (c) (ii) “or” (first occurring) and substituting “and”.
(a) by omitting from subparagraph (5) (b) (i) “special” (first occurring);
(b) by omitting from subparagraph (5) (b) (ii) “or” (first occurring) and substituting “and”.
1. No. 20, 1903, as amended. For previous amendments, see No. 12, 1904; No. 15, 1909; Nos. 30 and 37, 1910; No. 15, 1911; No. 5, 1912; No. 36, 1914; No. 3, 1915; No. 36, 1917; Nos. 16 and 47, 1918; No. 1, 1927; No. 50, 1932; No. 45, 1934; Nos. 13, 38, 70 and 74, 1939; No. 4, 1941; No. 11, 1945; No. 78, 1947; No. 35, 1948; No. 71, 1949; No. 80, 1950; Nos. 19 and 59, 1951; No. 98, 1952; No. 20, 1953; No. 72, 1956; No. 92, 1964; No. 51, 1965; No. 93, 1966; No. 33, 1970; No. 216, 1973 (as amended by No. 20, 1974); No. 96, 1975 (as amended by No. 164, 1984); Nos. 4 and 20, 1977; Nos. 19 and 155, 1979; No. 132, 1979 (as amended by No. 80, 1982); No. 70, 1980; Nos. 61 and 178, 1981; No. 80, 1982; No. 153, 1982 (as amended by No. 164, 1984); No. 39, 1983; Nos. 164 and 165, 1984; Nos. 65 and 193, 1985; No. 76, 1986; and No. 65, 1987.
2. No. 81, 1973, as amended. For previous amendments, see No. 59, 1974; No. 96, 1975; No. 33, 1976; Nos. 13 and 161, 1977; No. 36, 1978; Nos. 15 and 135, 1979; Nos. 61, 92 and 144, 1981; No. 164, 1984; No. 65, 1985; No. 93, 1986; and No. 65, 1987.
3. No. 101, 1987.
4. No. 30, 1910, as amended. For previous amendments, see No. 16, 1911; No. 21, 1912; No. 45, 1918; No. 45, 1934; No. 35, 1948; No. 72, 1949; No. 14, 1952; No. 93, 1964; No. 53, 1965; No. 93, 1966; No. 24, 1968; No. 14, 1971; No. 216, 1973 (as amended by No. 20, 1974); No. 96, 1975 (as amended by No. 164, 1984); No. 133, 1979; No. 61, 1981; No. 153, 1982 (as amended by No. 164, 1984); No. 39, 1983; Nos. 164 and 165, 1984; No. 65, 1985; No. 76, 1986; and No. 65, 1987.
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House of Representatives on 27 April 1988
Senate on 24 May 1988
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