Document ID: chunk:federal_register_of_legislation:C2004A04382:body:0:p10
Version: federal_register_of_legislation:C2004A04382
Segment Type: other
Provision Reference: 
Character Range: 22883–25765

such conditions as are specified in the order; and

   (b)     has effect until:

         (i) where a period for the operation of the order is specified in the order—the end of that period or, if a decision is given on the appeal before the end of that period, the giving of the decision; or

          (ii) where no period is so specified—the giving of a decision on the appeal.".

PART 3—AMENDMENTS OF THE DEFENCE FORCE (HOME LOANS ASSISTANCE) ACT 1990

Principal Act

12. In this Part, "Principal Act" means the Defence Force (Home Loans Assistance) Act 19902.

Definitions

  13. Section 3 of the Principal Act is amended:

    (a)     by inserting "was or" before "is payable" in the definition of "compensable disability";

    (b)    by omitting the definition of "incapacitated person" and substituting the following definition:

     " 'incapacitated person' means:

        (a)     a person who on or after the commencing day, is discharged from the Defence Force because of a compensable disability; or

      (b)     a person:

             (i) whose first service in the Defence Force began after 14 May 1985; and

             (ii) who is not covered by paragraph (ga) of the definition of 'Australian Soldier' in subsection 4(1) of the DSH Act; and

             (iii) who before the commencing day, was discharged from the Defence Force because of a compensable disability;

     and who immediately before the discharge:

        (c)     had been a non-DSH member engaged or appointed for a period that would have allowed the person to complete at least 6 years of effective full-time service; and

        (d)     had completed less than 16 years of effective full-time service;".

When do former members stop being eligible members?

14. Section 4 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:

"(1) An eligible person who is not a member stops being an eligible person:

    (a)     if he or she is not an incapacitated person referred to in paragraph (b) of the definition of 'incapacitated person' in section 3—at the end of 2 years after the day on which his or her resignation, retirement or discharge from the Defence Force took effect; or

  (b)     if he or she is such an incapacitated person—at the end of

     2 years after the commencement of section 14 of the Defence Legislation Amendment Act 1992.".

Cancellation, variation or revocation of certificate

15. Section 13 of the Principal Act is amended by omitting subsection (2) and substituting the following subsections:

"(2) If the Secretary is satisfied that a certificate issued to a person by the Secretary contains an error or omission, the Secretary may, by notice in writing:

  (a)     vary the certificate; or

  (b)     revoke the certificate and substitute another;

and, where the Secretary does so, the varied or substituted