62Decision on application for transfer—senior officer

#### 62 Decision on application for transfer—senior officer (1) If an application for transfer is made to a Governor‑General in accordance with regulation 60, the Governor‑General may: (a) grant the application and give permission for the transfer; or (b) refuse the application. (2) If the Governor‑General grants the application: (a) the Governor‑General may determine terms of the transfer (including terms relating to the officer’s rank and seniority after the transfer); and (b) if the application is made under paragraph 60(b), and the Governor‑General could have refused the application under subregulation (5) or (6), 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 officer pay a specified amount of money. (3) The Governor‑General may refuse the application if the application is made in time of war or in time of defence emergency. (4) The Governor‑General may refuse the application if the Governor‑General believes that accepting the application would seriously prejudice the ability of the senior officer’s Service to carry out operations that it is carrying out or may be required to carry out. (5) The Governor‑General may refuse the application if the senior officer has not completed at least 12 months service in the senior officer’s substantive rank after the day on which the senior officer was promoted to that rank. (6) The Governor‑General may refuse the application if: (a) the senior officer 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 senior officer’s Chief has determined that the senior officer is required to complete a specified period of service; and (c) the senior officer has not completed the period of service. (7) The Governor‑General may refuse the application if: (a) the senior officer is serving in a category of the Reserves; and (b) the application would be granted at a time at which the senior officer has been called out for continuous full‑time service. (8) The Governor‑General may refuse the application for any other reason that relates to the interests of the senior officer’s Service.