Commonwealth Numbered Acts

DEFENCE LEGISLATION AMENDMENT ACT 1993 No. 95 of 1993 - SECT 18

18. After section 51 of the Principal Act the following section is inserted:
Transitional-MSB Instrument No. 3 of 1993 to have retrospective effect
Application

"51A.(1) This section applies to a member benefit that was or is payable under
the Rules to a person because the person ceased to be a member during either
of the following periods:

   (a)  the period beginning on 1 October 1991 and ending at the end of 26 May
        1992;

   (b)  the period beginning on 9 September 1992 and ending at the end of 21
        April 1993. Retrospective effect

"(2) In calculating the member benefit, the Rules have effect as if MSB
Instrument No. 3 of 1993 had been made, and had come into force, on 1 October
1991. Repayment of excess

"(3) If:

   (a)  the member benefit has been paid to the person; and

   (b)  the amount paid exceeds the amount that the person would have been
        entitled to be paid if MSB Instrument No. 3 of 1993 had been made, and
        had come into force, on 1 October 1991; the person is liable to repay
        the amount of the excess. Recovery of repayment

"(4) If a person is liable to repay an amount under subsection (3):

   (a)  the amount may be recovered as a debt due to the Board or the
        Commonwealth, as the case may be; and

   (b)  the amount may be deducted from any other amount that is payable to
        the person by the Board or the Commonwealth, as the case may be.
        Definition

"(5) In this section:
'MSB Instrument No. 3 of 1993' means Instrument No. 3 of 1993 made under
subsection 5(1) on 19 April 1993 and notified in the Gazette on 22 April
1993.".