Commonwealth Consolidated Regulations

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DEFENCE (PERSONNEL) REGULATIONS 2002 - REG 67

Transfer to Standby Reserve after fixed tenure appointment

         (1)   This regulation applies in relation to a member who has been appointed to a position in accordance with regulation 51.

         (2)   The member is transferred to the Standby Reserve at the end of the period of the appointment unless:

                (a)    the member has reached the member's compulsory retirement age for service in the Standby Reserve; or

               (b)    subregulation (3) applies.

         (3)   At any time before the end of the period of the appointment:

                (a)    a member who is serving in the Permanent Forces 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 appointment; 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 appointment; and

                         (ii)    is transferred at that time to the category of the Reserves that the member nominated.

         (4)   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.



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