94Dealing with application by senior officer

#### 94 Dealing with application by senior officer (1) If a senior officer applies under regulation 92 to resign from the Defence Force, the Chief must give the application to the Minister for submission to the Governor‑General. (2) If the Minister considers that the application should be refused until the senior officer has complied with a condition, the Minister: (a) must specify the condition; and (b) must notify the Chief of the condition; and (c) must not submit the application to the Governor‑General until: (i) the senior officer has complied with the condition; or (ii) the Minister considers that it is no longer necessary for the senior officer to comply with the condition. (2A) Without limiting subregulation (2), a condition imposed under that subregulation may be a condition that the senior officer pay a specified amount of money. (3) The Governor‑General may, by instrument in writing: (a) grant the application; or (b) refuse the application. (4) The Governor‑General may refuse the application if it is made in time of war or in time of defence emergency. (5) The Governor‑General may refuse the application if the Governor‑General believes that accepting the application would seriously prejudice the ability of the senior officer’s Service to carry out operations that it is carrying out or may be required to carry out. (6) The Governor‑General may refuse the application if the senior officer has not completed 12 months service in that substantive rank, being a period commencing on the day on which the senior officer was promoted to that rank. (7) The Governor‑General may refuse the application if: (a) the senior officer is serving in a category of the Reserves; and (b) the resignation would be accepted at a time at which the senior officer has been called out for continuous full‑time service. (8) The Governor‑General may refuse the application if: (a) the senior 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 of the senior officer’s Service has determined that the senior officer is required to complete a specified period of service; and (c) the senior officer has not completed the period of service. (9) The Governor‑General may refuse the application for any other reason that relates to the interests of the senior officer’s Service. (10) If the Governor‑General grants the application, the resignation takes effect: (a) on the seventh day after the date on which the application is granted; or (b) if the Governor‑General specifies another date—on that date.