97Refusal of application

#### 97 Refusal of application (1) A Chief may refuse an enlisted member’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 enlisted member’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 enlisted member’s application to resign from the Defence Force if the enlisted member: (a) is serving in the Permanent Forces; and (b) has not completed the enlisted member’s initial minimum period of service in the Permanent Forces. (4) A Chief may refuse an enlisted member’s application to resign from the Defence Force if: (a) the enlisted member is serving in a category of the Reserves; and (b) the resignation would be accepted at a time at which the enlisted member has been called out for continuous full‑time service. (5) A Chief may refuse an enlisted member’s application to resign from the Defence Force if: (a) the enlisted member 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 enlisted member is required to complete a specified period of service; and (c) the enlisted member has not completed the period of service. (6) A Chief may refuse an enlisted member’s application to resign from the Defence Force if: (a) the enlisted member was enlisted outside Australia; and (b) the enlisted member’s transport, or family’s transport, to Australia was at the expense of the Commonwealth; and (c) the Chief has determined that the enlisted member is required to complete a specified period of service; and (d) the enlisted member has not completed the period of service. (7) A Chief may refuse an enlisted member’s application to resign from the Defence Force for any other reason that relates to the interests of the Chief’s Service.