Document ID: chunk:federal_register_of_legislation:C2016C00054:section:16
Version: federal_register_of_legislation:C2016C00054
Segment Type: section
Provision Reference: s 16
Character Range: 29177–30678

16  Certain entitlements under this Part to be substituted for entitlements under other legislation etc.
 (1) In this section, superseded enactment means:
 (a) the Defence Forces Retirement Benefits (Pension Increases) Act 1973; and
 (b) Part II of the Defence Force Retirement and Death Benefits (Pension Increases) Act 1974.
 (2) Upon the commencement of this section, but subject to subsection (3), there shall be deemed to be substituted for any entitlement (in this subsection referred to as the superseded pension increase entitlement) of a person to an increase in the rate of a pension provided for by a superseded enactment, the entitlement to the increase in the rate of that pension that is provided for by the preceding provisions of this Part and that has effect from the day from which the superseded pension increase entitlement had effect.
 (3) Where an amount of pension that has become payable to a person before the commencement of this section in respect of a period that commenced on or after 1 July 1973 and ended not later than the commencement of this section (whether or not the amount has been paid before the commencement of this section) exceeds the amount that, but for this subsection would be payable to the person in respect of the period by virtue of the operation of subsection (2), the person shall not cease to be entitled to the amount of the excess.

Part III—Increases in certain pension benefits payable under Defence Force Retirement and Death Benefits Act