Document ID: chunk:federal_register_of_legislation:C2016C00807:section:10
Version: federal_register_of_legislation:C2016C00807
Segment Type: section
Provision Reference: s 10
Character Range: 8328–10391

10  Re‑instatement of officers
 (1) The Chief of the Defence Force may, upon application being made in writing to him by an officer who has been transferred to a Reserve under section 7 for his re‑instatement in the force of which he was a member immediately before he was so transferred (being application made not later than two months after the date that is the declared date in relation to the relevant election or within such further period as the Chief of the Defence Force, in special circumstances, allows), transfer the officer to that force with the rank held by him immediately before he was transferred to the Reserve.
 (2) Except as provided by Rules 62 and 63 of the Superannuation Rules, section 80 of the Defence Forces Retirement Benefits Act and by sections 52 and 54 of the Defence Force Retirement and Death Benefits Act, where an officer is, under the last preceding subsection, transferred to the force of which he was a member immediately before he was transferred to a Reserve under section 7 of this Act, he shall, upon being transferred to that force, be deemed to have continued to have been a member of that force during the period when he was a member of the Reserve but, subject to the next succeeding subsection, he shall be deemed to have been absent on leave without pay during that period.
 (3) Where the last preceding subsection applies in relation to an officer who, immediately before he was transferred to a Reserve, was serving under an appointment for a specified period, the period in respect of which he is, under that subsection, deemed to have been absent on leave without pay shall not be taken into account in calculating the period that he has served under that appointment.
 (4) Notwithstanding the last preceding subsection or anything contained in any other law of Australia, the period in respect of which an officer is, under this section, deemed to have been absent on leave without pay shall be treated as a period of service in calculating the entitlement of the officer to long service leave or furlough.