Document ID: chunk:federal_register_of_legislation:C2022C00288:section:4:p3
Version: federal_register_of_legislation:C2022C00288
Segment Type: section
Provision Reference: s 4 (pt 3/4)
Character Range: 12709–15216

repeal by item 44 of Schedule 1 to the Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011.
the Service means the Navy, the Army or the Air Force as the case requires.
the Superannuation Fund means the Superannuation Fund established under the Superannuation Act 1922‑1948.
 (1A) For the purposes of this Act, a person shall be deemed to have served as a member during any period (whether before or after the commencement of this subsection) if he served during that period as a member as defined by this section as in force during that period.
 (2) For the purposes of this Act, but subject to subsection 4AA(4), a member of the Defence Force on continuous full time service shall not be deemed to have ceased to be on continuous full time service during any period when he is:
 (a) absent with or without leave;
 (b) awaiting or undergoing trial on any charge; or
 (c) undergoing punishment, detention or imprisonment;
and any such period shall be deemed to be a period of service.
 (2A) Where a member of the Defence Force not on continuous full time service commences continuous full time service, then, for the purposes of this Act:
 (a) if he is an officer on the day on which he so commences—he shall be deemed to have been appointed as an officer on that day for the period for which he is to serve on continuous full time service; and
 (b) if he is a member other than an officer on the day on which he so commences—he shall be deemed to have engaged to serve as a member of the Defence Force on that day for the period for which he is to be on continuous full time service.
 (2B) Where a member of the Defence Force on continuous full time service ceases to be on continuous full time service but continues to be a member of the Defence Force, he shall, for the purposes of this Act, be deemed to have retired on the day on which he ceases to be on continuous full time service.
 (3) In subsections 52(6) and (7), paragraph 52(8)(b) and sections 56A and 72, service for pension  includes service in respect of which, by virtue of section 36, a member is not permitted or required to contribute to the Fund.
 (4) In determining the service for pension of a member for the purposes of a provision of this Act (other than subsections 52(6) and (7), paragraph 52(8)(b) and section 56A), service of the member immediately before a period in respect of which the member was not permitted or required to contribute to the Fund by virtue of section 36 and service of