74Offer of special benefit to eligible member

74 Offer of special benefit to eligible member

(1) This regulation applies if: (a) a Chief of an eligible member’s Service has complied with regulation 73; and (b) either: (i) the eligible member has not given the Chief a statement of reasons; or (ii) the eligible member has given the statement, and the Chief has considered the reasons. (2) The Chief may give the eligible member a notice stating that: (a) if the eligible member agrees to be transferred to a category of the Reserves in the initial period specified in the notice, the eligible member will be entitled to a special benefit in accordance with a determination under section 58B or 58H of the Defence Act; and (b) if the eligible member declines to be transferred in accordance with paragraph (a): (i) the eligible member may be transferred to the Standby Reserve without a special benefit; or (ii) the eligible member’s service in the Defence Force may be terminated.

Note: The notice will also include arrangements for a subsequent period, which is mentioned in regulation 78.

(3) The initial period must be at least 1 month, starting not earlier than the day on which the notice is given to the eligible member.