64Transfer to Standby Reserve

64 Transfer to Standby Reserve

(1) This regulation applies in relation to a member who has completed a period of service in: (a) the Permanent Forces; or (b) a category of the Reserves other than the Standby Reserve. (2) The member is transferred to the Standby Reserve at the end of the period of service unless: (a) the member has reached his or her compulsory retirement age for service in the Standby Reserve; or (b) the member has agreed under regulation 49 or 50 to extend the member’s period of service; or (ba) the member: (i) has enlisted, or has been appointed, for a period of up to 12 months in the Australian Defence Force Gap Year program; and (ii) has not agreed, under regulation 49 or 50, to extend the member’s period of service; or (c) subregulation (3) applies. (3) At any time before the end of a member’s period of service in the Permanent Forces: (a) the member may apply to the Chief of the member’s Service to transfer to a category of the Reserves of the member’s Service other than the Standby Reserve; and (b) if the Chief approves the application: (i) the member is not transferred to the Standby Reserve at the end of the period of service; and (ii) the member is transferred to the category of the Reserves mentioned in the application. (4) If a member is transferred to the Standby Reserve under subregulation (2): (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; (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.