79Arrangements after declining special benefit (senior officer)

#### 79 Arrangements after declining special benefit (senior officer) (1) This regulation applies if: (a) a senior officer has been given a notice under subregulation 77(2); and (b) the senior officer does not agree to be transferred to a category of the Reserves in accordance with that subregulation; and (c) the Governor‑General considers it is necessary to take action in the interests of the organisational effectiveness of the Service. (2) The Governor‑General may, at any time after the end of the subsequent period specified in the notice: (a) transfer the senior officer to the Standby Reserve; or (b) terminate the senior officer’s service in the Defence Force. (3) The senior officer is not entitled to a special benefit in accordance with a determination under section 58B or 58H of the Defence Act. (4) 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 for service in the Standby Reserve; (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. (5) The subsequent period must be at least 13 months, starting not earlier than the day on which the notice under subregulation 77(2) is given to the senior officer.