Document ID: chunk:federal_register_of_legislation:C2024C00465:section:53
Version: federal_register_of_legislation:C2024C00465
Segment Type: section
Provision Reference: s 53
Character Range: 142573–144566

53  Refund of benefits by re‑instated candidates to whom this Part applies
 (1) Where a person who is a re‑instated candidate to whom this Part applies became entitled to retirement pay upon his ceasing to be an eligible member of the Defence Force, he shall pay to the Commonwealth an amount equal to the aggregate of the payments of retirement pay received by him.
 (2) Where a person who is a re‑instated candidate to whom this Part applies was paid, upon his ceasing to be an eligible member of the Defence Force:
 (a) a refund of his contributions; or
 (b) a payment of a prescribed kind (being a payment of, or in the nature of, a gratuity or bounty) under legislation relating to conditions of service of members of the Defence Force, in respect of his service before he so ceased;
he shall pay to the Commonwealth an amount equal to that refund of contributions or to that payment, as the case requires.
 (3) An election made under section 51 is of no effect unless within a period of 7 days after the date on which the election was made, or within such further period as CSC, in special circumstances, allows, any amount required to be paid to the Commonwealth under subsection (1) or (2) is so paid or arrangements satisfactory to CSC are made for the payment to the Commonwealth of that amount.
 (4) Where:
 (a) an amount is payable by a person to the Commonwealth under this section;
 (b) the person again ceases to be an eligible member of the Defence Force; and
 (c) at the time he so ceases, the amount, or a part of the amount, has not been paid to the Commonwealth;
there shall be deducted from any payment of benefit payable to or in respect of the person under this Act an amount equal to that amount, or that part of that amount, as the case may be, and, to the extent that that amount or that part of that amount is not so deducted, it may be recovered by the Commonwealth in a court of competent jurisdiction as a debt due and payable to the Commonwealth by the person.