Commonwealth Consolidated Regulations

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DEFENCE (PERSONNEL) REGULATIONS 2002 - REG 77

Offer of special benefit to senior officer

         (1)   This regulation applies if:

                (a)    the Governor‑General has complied with regulation 76; and

               (b)    either:

                          (i)    the senior officer has not given the Governor‑General a statement of reasons; or

                         (ii)    the senior officer has given the statement, and the Governor‑General has considered the reasons.

         (2)   The Governor‑General may give the senior officer a notice stating that:

                (a)    if the senior officer agrees to be transferred to a category of the Reserves in the initial period specified in the notice, the senior officer will be entitled to a special benefit in accordance with a determination under section 58B or 58H of the Defence Act; and

               (b)    if the senior officer declines to be transferred in accordance with paragraph (a):

                          (i)    the senior officer may be transferred to the Standby Reserve without a special benefit; or

                         (ii)    the senior officer's service in the Defence Force may be terminated.

Note    The notice will also include arrangements for a subsequent period , which is mentioned in regulation 79.

         (3)   The initial period must be at least 1 month, starting not earlier than the day on which the notice is given to the senior officer.



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