Commonwealth Consolidated Regulations

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DEFENCE (PERSONNEL) REGULATIONS 2002 - REG 44

Reduction in rank -- officers

         (1)   The Governor‑General may give an officer a notice:

                (a)    stating that it is proposed to reduce the officer's rank to a rank specified in the notice; and

               (b)    stating the reason for reducing the officer's rank; and

                (c)    setting out particulars of the facts and circumstances relating to the reason for reducing the officer's rank that is sufficient to allow the officer to prepare a statement of reasons why the officer's rank should not be reduced; and

               (d)    inviting the officer to give the Governor‑General a statement of reasons why the officer's rank should not be reduced; and

                (e)    specifying a period of at least 28 days after the date of the notice as the period in which the officer may give the statement of reasons.

         (2)   If:

                (a)    the officer does not give the Governor‑General a statement of reasons in the specified period; and

               (b)    the Governor‑General is of the opinion that the reason for reducing the officer's rank has not been affected by a change in circumstances since the notice was given to the officer;

the Governor‑General must reduce the officer's rank.

         (3)   If:

                (a)    the officer gives the Governor‑General a statement of reasons in the specified period; and

               (b)    having considered the statement, the Governor‑General is of the opinion that the reason for reducing the officer's rank:

                          (i)    has been established; and

                         (ii)    has not been affected by a change in circumstances since the notice was given to the officer;

the Governor‑General must reduce the officer's rank.

         (4)   The Governor‑General must not reduce the officer's rank under this regulation in any other circumstances.



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