90Refusal of application

#### 90 Refusal of application (1) A Chief may refuse an officer’s application to resign from the Defence Force if it is made in time of war or in time of defence emergency. (2) A Chief may refuse an officer’s application to resign from the Defence Force if the Chief believes that accepting the application would seriously prejudice the ability of the Chief’s Service to carry out operations that it is carrying out or may be required to carry out. (3) A Chief may refuse an officer’s application to resign from the Defence Force if the officer: (a) holds any of the following ranks as a substantive rank: (i) Lieutenant‑Commander or higher; (ii) Major or higher; (iii) Squadron Leader or higher; and (b) has not completed 12 months service in that substantive rank, being a period commencing on the day on which the officer was promoted to that rank. (4) A Chief may refuse an officer’s application to resign from the Defence Force if: (a) the officer is serving in a category of the Reserves; and (b) the resignation would be accepted at a time at which the officer has been called out for continuous full‑time service. (5) A Chief may refuse an officer’s application to resign from the Defence Force if: (a) the officer is engaged in, or has completed, in whole or in part: (i) a course of training; or (ii) a period of employment on special duties; or (iii) a period of service outside Australia; and (b) the Chief has determined that the officer is required to complete a specified period of service; and (c) the officer has not completed the period of service. (6) A Chief may refuse an officer’s application to resign from the Defence Force if: (a) the officer was appointed outside Australia; and (b) the officer’s transport, or family’s transport, to Australia was at the expense of the Commonwealth; and (c) the Chief has determined that the officer is required to complete a specified period of service; and (d) the officer has not completed the period of service. (7) A Chief may refuse an officer’s application to resign from the Defence Force if the officer has not completed a period of service that, under a determination of the Chief, the officer is required to complete in respect of the officer’s initial appointment. (8) A Chief may refuse an officer’s application to resign from the Defence Force for any other reason that relates to the interests of the Chief’s Service. (9) The Chief is not required to advise the Governor‑General before refusing an officer’s application under this regulation.