Document ID: chunk:federal_register_of_legislation:F2025L00139:clause:1_1:p10
Version: federal_register_of_legislation:F2025L00139
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 10/11)
Character Range: 48587–56123

in the valid offer.
                                                                                                                                                                                                                                                                                                                       Note:  If the commencement day of the agreed period of service is changed as a consequence of subsection 3.4.3.1, payment remains payable on the commencement day specified in the offer.
                                                                                                                                                                                         ii.                                                                                                                           The day a valid acceptance is made.
    b.                                                                                                                                                                                   If the member chose to receive the continuation bonus in 2 payments, the payments are made at the following times.
                                                                                                                                                                                         i.                                                                                                                            The first payment, being 50% of the continuation bonus — the day specified in paragraph a.
                                                                                                                                                                                         ii.                                                                                                                           The second payment, being 50% of the continuation bonus — from the first payday a year after the first payment is made.
2.  If a member chose to receive the continuation bonus in 2 payments and any of the following apply, the second payment is payable from the member's last day in the Permanent Forces.
    a.                                                                                                                                                                                   A decision has been made under any of the following to end the member's service in the Permanent Forces.
                                                                                                                                                                                         i.                                                                                                                            Paragraph 24(1)(a) of the Defence Regulation because of medical unfitness.
                                                                                                                                                                                         ii.                                                                                                                           Paragraph 24(1)(b) of the Defence Regulation because of redundancy.
    b.                                                                                                                                                                                   The member dies.
3.  A payment under this Division must not be made before 1 July 2025.

3.4.22 Cessation of eligibility for the continuation bonus

   A member ceases to be eligible for the continuation bonus if any of the following apply.
   a.                                                                                                                                                                    They cease to be a member of the Permanent Forces for a reason other than any of the following.
                                                                                                                                                                         i.                                                                                               Paragraph 24(1)(a) of the Defence Regulation because of medical unfitness.
                                                                                                                                                                         ii.                                                                                              Paragraph 24(1)(b) of the Defence Regulation because of redundancy.
   b.                                                                                                                                                                    They die.
   Note 1: The member is not required to repay any amount of the bonus received unless section 3.4.23 applies.
   Note 2: This subsection does not affect a member's eligibility for an amount that is payable to the member before they cease being a member of the Permanent Forces.

3.4.23 Repayment of the continuation bonus

1.  This section applies to a member who has received a continuation bonus in connection with a valid acceptance and does not complete their agreed period of service for any of the following reasons.
    a.                                                                                                                                                                                                   They do any of the following.
                                                                                                                                                                                                         i.                                                               Voluntarily transfer to the Reserves.
                                                                                                                                                                                                         ii.                                                              Apply to change their period of service for the purpose of ending their service in the Permanent Forces before they complete their agreed period of service.
    b.                                                                                                                                                                                                   Their service ends due under any of the following.
                                                                                                                                                                                                         i.                                                               Section 101 of the Act relating to a prohibited substance test returning a positive result.
                                                                                                                                                                                                         ii.                                                              Paragraph 24(1)(c) of the Defence Regulation for a reason not in the interest of the Defence Force relating to performance or behaviour.
    c.                                                                                                                                                                                                   They are dismissed under the Defence Force Discipline Act