Document ID: chunk:federal_register_of_legislation:C2024C00465:section:55:p1
Version: federal_register_of_legislation:C2024C00465
Segment Type: section
Provision Reference: s 55 (pt 1/3)
Character Range: 145172–147678

55  Rights of contributing members who resign to contest elections and are not re‑instated
 (1) In this section, unless the contrary intention appears:
person to whom this section applies means a person who ceased to be an eligible member of the Defence Force by reason of having been transferred to a Reserve, having been discharged from the Defence Force or having had his continuous full‑time service terminated under the Defence (Parliamentary Candidates) Act.
the declared date, in relation to an election, means the date that, for the purposes of the Defence (Parliamentary Candidates) Act, is the declared date in relation to the election.
the election, in relation to a person to whom this section applies, means the election in relation to which he made the application in pursuance of which he was transferred to a Reserve, discharged from the Defence Force or had his continuous full‑time service terminated under the Defence (Parliamentary Candidates) Act.
 (2) Where a person to whom this section applies:
 (a) dies on or before the date that is the declared date in relation to the election; or
 (b) was a candidate at the election but failed to be elected and dies within a period of 90 days after the date that is the declared date in relation to the election;
then, for the purposes of this Act, he shall be deemed to have continued to have been an eligible member of the Defence Force during the period that commenced upon his ceasing to be an eligible member of the Defence Force and ended on the day on which he dies and his annual rate of pay on the day on which he dies shall be deemed to be the annual rate of pay that would have been applicable to him on that day if he had not ceased to be an eligible member of the Defence Force.
 (3) Where CSC is satisfied:
 (a) that, if a person to whom this section applies had not ceased to be an eligible member of the Defence Force, he would, at a time (in this subsection referred to as the relevant time) within:
 (i) the period that commenced upon his ceasing to be an eligible member of the Defence Force and ended on the date that is the declared date in relation to the election; or
 (ii) the period of 90 days after the date that is the declared date in relation to the election;
  have been retired on the ground of invalidity or of physical or mental incapacity to perform his duties; and
 (b) that he was prevented from being a candidate at the election by reason of the invalidity or incapacity or was a candidate at the election