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Defence Force Retirement and Death Benefits Act 1973
137Certain persons liable to make repayments to Commonwealth on making of election
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#### 137 Certain persons liable to make repayments to Commonwealth on making of election
(1) In this section:
> enactment means:
(a) an Act; or
(b) an instrument made under an Act.
> prescribed provision means:
(a) subsection 42A(1) or (2) of the previous Act; or
(b) regulation 11, 14, 15 or 16 or subregulation 19(1) or (2) of the Defence Force (Bounties and Gratuities) Regulations; or
(c) clause 6, 10, 13, 15, 17 or 30 of Determination 0705, Gratuities made under section 58B of the Defence Act 1903, being that determination as in force from time to time.
(2) Where an eligible member of the Defence Force who has received payment of an amount under a prescribed provision elects under section 132 to become a member of the MSB scheme, then, in spite of any provision of an enactment regarding the repayment of that amount, that amount, or any part of that amount that remains unpaid at the time of the election, becomes payable to the Commonwealth and may be recovered as a debt.