Document ID: chunk:federal_register_of_legislation:C2024C00866:section:69:p2
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 69 (pt 2/3)
Character Range: 1228870–1231505

physical or mental incapacity to perform duties.
 (2) Where:
 (a) a person has served in the Defence Force as set out in subsection (1); and
 (b) after, but not immediately after, the termination of the period of service referred to in that subsection, the person commenced or commences to render a further period of service in the Defence Force;
the person is not a person to whom this Part applies in respect of that further period of service unless, under subsection (1), this Part would apply to the person by reason only of his or her having rendered that further period of service.
 (3) Where a person renders continuous full‑time service as a member of the Defence Force at some time after the commencement of this Act and before the terminating date but has not so rendered continuous full‑time service continuously from and including the day immediately before the date of commencement of this Act to that time, subsection (1) does not apply in respect of the person unless:
 (a) the person completes 3 years' effective full‑time service as such a member before the terminating date; or
 (b) the person's service as a member or officer of the Defence Force is terminated as provided by paragraph (1)(d) or (e), whichever is applicable, before the terminating date.
 (4) For the purposes of paragraph (1)(c):
 (a) the service of a person as an officer of the Navy on the General List while the person was undertaking pre‑employment training shall be disregarded unless the person has subsequently been promoted to the rank of sub‑lieutenant or a higher rank;
 (b) the service of a person:
 (i) as an enlisted member of the Corps of Staff Cadets of the Army; or
 (ii) as an officer cadet of the Army while undertaking a four‑year course of training;
  shall be disregarded unless the person has subsequently been appointed or promoted to the rank of second lieutenant or a higher rank; and
 (c) the service of a person as an Air Cadet, or as an Officer Cadet of the Air Force, shall be disregarded unless the person has subsequently been appointed or promoted to the rank of pilot officer or a higher rank.
 (5) Paragraph (1)(d) or (e) does not apply in respect of a person if the person's service as a member of the Defence Force was terminated by reason of the person's discharge, or the termination of the person's appointment:
 (a) before the person had completed 12 months' effective full‑time service; and
 (b) on the ground of invalidity or physical or mental incapacity to perform duties, being invalidity or incapacity caused, or substantially contributed to, by a physical or mental condition that:
 (i) existed at the