Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation applies in relation to a member who has been promoted in accordance with regulation 35 or 41.
(2) The member is transferred to the Standby Reserve at the end of the period of the promotion unless:
(a) the member has reached the member's compulsory retirement age for service in the Standby Reserve; or
(b) subregulation (4) or (5) applies.
(3) The member is transferred to the Standby Reserve at the rank to which the member was promoted in accordance with regulation 35 or 41.
(4) At any time before the end of the period of the promotion:
(a) the Chief of the member's Service may authorise the member to revert, at the end of the period of the promotion, to the rank the member held immediately before the promotion; and
(b) if paragraph (a) applies, the member:
(i) is not transferred to the Standby Reserve at the end of the period of the promotion; and
(ii) reverts at the end of the period to the rank the member held immediately before the promotion.
(5) At any time before the end of the period of the promotion for a member who is serving in the Permanent Forces:
(a) the member may notify the Chief of the member's Service that the member wishes to transfer to a category of the Reserves of the member's Service, other than the Standby Reserve, at the end of the period of the promotion; and
(b) if the Chief approves the request, the member:
(i) is not transferred to the Standby Reserve at the end of the period of the promotion; and
(ii) is transferred at that time to the category of the Reserves that the member nominated.
(6) If the member is transferred to the Standby Reserve:
(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 for service in the Standby Reserve;
(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.