Document ID: chunk:federal_register_of_legislation:C2004C00460:section:3:p1
Version: federal_register_of_legislation:C2004C00460
Segment Type: section
Provision Reference: s 3 (pt 1/4)
Character Range: 2078–4689

3  Interpretation

 (1) In this Act, unless the contrary intention appears:

actual pension entitlement, in relation to an eligible pensioner, means the rate at which pension was payable to him immediately before the commencing date, or, if section 69 of the Defence Forces Retirement Benefits Act 1948 applied in relation to him at that time, he had commuted a portion of his pension before that time or he had made an election under section 61A or section 61B of the Defence Forces Retirement Benefits Act 1963‑1968, the rate at which pension would have been payable to him at that time if that section had not so applied in relation to him, he had not commuted a portion of his pension or he had not made that election, as the case may be.

basic pension entitlement, in relation to an eligible pensioner, means:
 (a) in the case of a pensioner who retired before the commencement of the Defence Forces Retirement Benefits (Pension Increases) Act 1961:
 (i) the rate at which pension was payable to him immediately before the commencement of that Act; or
 (ii) if section 69 of the Defence Forces Retirement Benefits Act 1948 applied in relation to him at that time, he had commuted a portion of his pension before that time or (if pension is payable to him under section 52 of the Defence Forces Retirement Benefits Act 1948) his classification for the purposes of that section was, at that time, different from his classification on the commencing date—the rate at which pension would have been payable to him at that time if section 69 of the Defence Forces Retirement Benefits Act 1948 had not so applied in relation to him, he had not commuted a portion of his pension or his classification at that time had been the same as his classification on the commencing date, as the case may be;
 (b) in the case of a pensioner who retired after the commencement of the Defence Forces Retirement Benefits (Pension Increases) Act 1961 but before the commencement of the Defence Forces Retirement Benefits Act 1963:
 (i) the rate at which pension was payable to him immediately before the commencement of the Defence Forces Retirement Benefits Act 1963; or
 (ii) if section 69 of the Defence Forces Retirement Benefits Act 1948 applied in relation to him at that time, he had commuted a portion of his pension before that time or (if pension is payable to him under section 52 of the Defence Forces Retirement Benefits Act 1948) his classification for the purposes of that section was, at that time, different from his classification on the commencing date—the rate at which pension would have been payable to him