44Reduction in rank—officers

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.