58Decision on application for transfer

#### 58 Decision on application for transfer (1) If an application for transfer is made to a Chief in accordance with regulation 56, the Chief may: (a) grant the application and give permission for the transfer; or (b) refuse the application. (2) If the Chief grants the application: (a) the Chief may determine terms of the transfer (including terms relating to the member’s rank and seniority after the transfer); and (b) if the application is made under paragraph 56(b), and the Chief could have refused the application under subregulation (5), (6), (7) or (9), a specified condition must be complied with before the transfer takes effect. (2A) Without limiting subregulation (2), a condition imposed under that subregulation may be a condition that the member pay a specified amount of money. (3) The Chief may refuse the application if the application is made in time of war or in time of defence emergency. (4) The Chief may refuse the application if the Chief believes that accepting the application would seriously prejudice the ability of the Chief’s Service to carry out operations that it is carrying out or may be required to carry out. (5) The Chief may refuse the application if the member: (a) holds any of the following ranks as a substantive rank: (i) Lieutenant‑Commander or higher; (ii) Major or higher; (iii) Squadron Leader or higher; and (b) has not completed at least 12 months service in that substantive rank after the day on which the member was promoted to that rank. (6) The Chief may refuse the application if: (a) the member is engaged in, or has completed, in whole or in part: (i) a course of training; or (ii) a period of employment on special duties; or (iii) a period of service outside Australia; and (b) the Chief has determined that the member is required to complete a specified period of service; and (c) the member has not completed the period of service. (7) The Chief may refuse the application if: (a) the member was appointed or enlisted outside Australia; and (b) the member’s transport, or family’s transport, to Australia was at the expense of the Commonwealth; and (c) the Chief has determined that the member is required to complete a specified period of service; and (d) the member has not completed the period of service. (8) The Chief may refuse the application if: (a) the member is serving in a category of the Reserves; and (b) the application would be granted at a time at which the member has been called out for continuous full‑time service. (9) The Chief may refuse the application if the member has not completed a period of service that, under a determination of the Chief, the member is required to complete in respect of the member’s initial appointment or enlistment. (10) The Chief may refuse the application for any other reason that relates to the interests of the Chief’s Service.