Defence (Personnel) Regulations 2002
67Transfer to Standby Reserve after fixed tenure appointment
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67 Transfer to Standby Reserve after fixed tenure appointment
(1) This regulation applies in relation to a member who has been appointed to a position in accordance with regulation 51. (2) The member is transferred to the Standby Reserve at the end of the period of the appointment unless: (a) the member has reached the member’s compulsory retirement age for service in the Standby Reserve; or (b) subregulation (3) applies. (3) At any time before the end of the period of the appointment: (a) a member who is serving in the Permanent Forces may notify the Chief of the member’s Service that the member wishes to transfer to a category of the Reserves of the member’s Service, other than the Standby Reserve, at the end of the period of the appointment; and (b) if the Chief approves the request, the member: (i) is not transferred to the Standby Reserve at the end of the period of the appointment; and (ii) is transferred at that time to the category of the Reserves that the member nominated. (4) If the member is transferred to the Standby Reserve: (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 for service in the Standby Reserve; (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.