Document ID: chunk:federal_register_of_legislation:C2024C00465:section:79
Version: federal_register_of_legislation:C2024C00465
Segment Type: section
Provision Reference: s 79
Character Range: 198182–199121

79  Person who is entitled to rights under this Division not entitled to other retirement benefits
 (1) Subject to subsection 78(6), where either of sections 77 or 78 applies in relation to a person, any benefit that, but for this Division, would be payable to or in respect of him by reason of his having ceased to be an eligible member of the Defence Force is not payable except where that benefit is payable by virtue of the operation of this Division.
 (2) Where:
 (a) a payment of benefit has been made under subsection 32(2) or section 56 to a person who has ceased to be an eligible member of the Defence Force; and
 (b) after the payment was made, the person makes an election under section 76;
the election does not have any effect unless an amount equal to the amount of the payment is paid to the Commonwealth within 7 days after the date of the election or within such further period as CSC, in special circumstances, allows.