Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation applies in relation to a member who has completed a period of service in:
(a) the Permanent Forces; or
(b) a category of the Reserves other than the Standby Reserve.
(2) The member is transferred to the Standby Reserve at the end of the period of service unless:
(a) the member has reached his or her compulsory retirement age for service in the Standby Reserve; or
(b) the member has agreed under regulation 49 or 50 to extend the member's period of service; or
(ba) the member:
(i) has enlisted, or has been appointed, for a period of up to 12 months in the Australian Defence Force Gap Year program; and
(ii) has not agreed, under regulation 49 or 50, to extend the member's period of service; or
(c) subregulation (3) applies.
(3) At any time before the end of a member's period of service in the Permanent Forces:
(a) the member may apply to the Chief of the member's Service to transfer to a category of the Reserves of the member's Service other than the Standby Reserve; and
(b) if the Chief approves the application:
(i) the member is not transferred to the Standby Reserve at the end of the period of service; and
(ii) the member is transferred to the category of the Reserves mentioned in the application.
(4) If a member is transferred to the Standby Reserve under subregulation (2):
(a) the member's period of service in the Standby Reserve ends at the earliest of the following events:
(i) when the member reaches his or her compulsory retirement age;
(ii) if the member is allowed to resign from the Defence Force -- when the resignation is accepted;
(iii) if the member's service in the Defence Force is terminated -- when the service is terminated; and
(b) for a member who has completed 5 years service in the Standby Reserve -- the Chief of the member's Service must accept an application from the member to resign from the Standby Reserve unless the application:
(i) is made in time of war or in time of defence emergency; or
(ii) would be granted at a time at which the member has been called out for continuous full‑time service; and
(c) the transfer is taken to be a retirement from the Defence Force, with effect from the transfer, for all purposes relating to the payment of benefits; and
(d) the transfer is not taken to be a retirement from the Defence Force for any other purpose.