40AOffer of special benefits to sailors

40A Offer of special benefits to sailors

(1) Subject to regulation 40AA, the Chief of Navy may give to a sailor who holds the rank of Warrant Officer or Chief Petty Officer a written notice stating that if, within a specified period, the sailor:

(a) discharges from the Navy; or

(b) notifies the Chief of Navy in writing that the sailor wishes to transfer to the Australian Naval Reserve;

the sailor will be entitled to a special benefit in accordance with a determination under section 58B or 58H of the Defence Act 1903.

(2) The period to be specified in the notice is a period of 1 month commencing not earlier than the day on which the notice is given to the sailor.

(3) If a sailor is given a notice under subregulation (1):

(a) the sailor may discharge from the Navy within the period specified in the notice even though he or she would not otherwise be entitled to discharge; and

(b) if the sailor discharges under paragraph (a):

(i) the discharge takes effect on the day specified in writing by the Chief of Navy, being a day not later than 28 days after the day on which the sailor notified his or her acceptance of the special benefit; and

(ii) the sailor is taken for all purposes to have been compulsorily discharged from the Navy.

(4) If a sailor:

(a) is given a notice under subregulation (1); and

(b) notifies the Chief of Navy under paragraph (1) (b);

the sailor may transfer to the Australian Naval Reserve in the period specified in the notice.

40AA Notice of intention to begin discharge or transfer procedures

(1) The Chief of Navy must not give a sailor a notice under subregulation 40A (1) unless the sailor has been given a written notice setting out the matters referred to in subregulation (2) and:

(a) the sailor has not given to the Chief of Navy the statement of reasons referred to in paragraph (2) (c); or

(b) having considered a statement of those reasons by the sailor, the Chief of Navy is of the opinion that the notice under subregulation 40A (1) should be given.

(2) The written notice must:

(a) inform the sailor that the Chief of Navy is considering giving a notice under subregulation 40A (1) to the sailor; and

(b) state the reasons why the Chief of Navy is considering giving that notice to the sailor; and

(c) invite the sailor, within the period specified in the notice, to give to the Chief of Navy a written statement of reasons why the sailor should not be discharged from the Navy or transferred to the Australian Naval Reserve.

(3) The period specified for the purpose of paragraph (2) (c) must: