CTHIn ForceAct
Defence Force Retirement and Death Benefits Act 1973
57Election by officer on short service commission who continues to serve in respect of period of service under short service commission
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#### 57 Election by officer on short service commission who continues to serve in respect of period of service under short service commission
(1) Where an officer who is a contributing member:
(a) is serving under a short service commission;
(b) is entitled on the termination of that commission to be paid a gratuity; and
(c) is to be appointed to a permanent commission or to a further short service commission;
he may elect, by notice in writing given to CSC before the date of his appointment to the permanent commission or to the further short service commission, or within such period after that date as CSC, in special circumstances, allows, not to be paid the gratuity and, if he so elects, the gratuity shall not be so paid.
(2) If an officer referred to in subsection (1) does not make an election under that subsection:
(a) he is entitled to a refund, payable by the Commonwealth, of the amount of the contributions paid by him under section 17 in respect of his period of service under that short service commission; and
(b) any period of service served by him under that short service commission that is a period of effective service in relation to him for the purposes of this Act shall be disregarded as such a period.