40Transfer of sailors to other arms of the Defence Force

40 Transfer of sailors to other arms of the Defence Force (1) The Chief of Navy may, by written instrument, transfer the enlistment of a person as a sailor in the Navy to the Australian Army as a soldier, or the Australian Air Force as an airman, if: (a) the person consents to the transfer; and (b) the Chief of Army or the Chief of Air Force (as the case may be) approves the transfer. (2) The instrument must specify: (a) the day on which the transfer takes effect; and (b) the period of service for which the person is enlisted in the Australian Army as a soldier or the Australian Air Force as an airman (as the case may be); and (c) the part of that arm of the Defence Force in which the person is enlisted; and (d) the rank that the person is to hold in that arm of the Defence Force, and the person’s seniority in that rank. (3) If the person is required, under a determination mentioned in subregulation 37B (8) or (9), to complete a specified period of service: (a) the requirement to complete the period continues to apply to the person after the transfer takes effect; and (b) the person cannot claim a discharge from the Army or Air Force (as the case may be) before the end of the period. (4) For all purposes connected with the person’s enlistment or service as a soldier in the Australian Army, service rendered by the person as a member of the Navy before the transfer is taken to have been rendered as a member of the Australian Army. (5) For all purposes connected with the person’s enlistment or service as an airman in the Australian Air Force, service rendered by the person as a member of the Navy before the transfer is taken to have been rendered as a member of the Australian Air Force.