65Transfer to Standby Reserve of senior officers appointed under Part II of Defence Act

#### 65 Transfer to Standby Reserve of senior officers appointed under Part II of Defence Act (1) This regulation applies in relation to a senior officer who has been appointed under Part II of the Defence Act. > Note: Part II of the Defence Act deals with the appointment of Chiefs and related positions. (2) If the senior officer: (a) completes the period of the appointment; and (b) has not been reappointed to the officer’s position; and (c) has not been appointed to another position under Part II of the Defence Act (whether or not the appointment takes effect immediately after the end of the term of the previous appointment); and (d) has not reached his or her compulsory retirement age; the Governor‑General must transfer the senior officer to the Standby Reserve. (3) If the senior officer is transferred to the Standby Reserve: (a) the senior officer’s period of service in the Standby Reserve ends at the earliest of the following events: (i) when the senior officer reaches his or her compulsory retirement age; (ii) if the senior officer is allowed to resign from the Defence Force—when the resignation is accepted; (iii) if the senior officer’s service in the Defence Force is terminated—when the service is terminated; and (b) for a senior officer who has completed 5 years service in the Standby Reserve—the Governor‑General must accept an application from the senior officer 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 senior officer 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.