Document ID: chunk:federal_register_of_legislation:C2004C01240:clause:2_13m
Version: federal_register_of_legislation:C2004C01240
Segment Type: clause
Provision Reference: sch 2 cl 13M
Character Range: 21939–23771

13M  Retirement or transfer of officer without special benefit

 (1) This section applies to an officer:
 (a) to whom a notice has been given under subsection 13K(1); and
 (b) who does not, within the period specified in the notice:
 (i) retire from the Navy; or
 (ii) transfer to the Australian Naval Reserve; and
 (c) in respect of whom the Chief of Navy considers it is necessary to take action under this section in the interests of the organisational effectiveness of the Navy.

 (2) The Chief of Navy may, at any time after the period specified in the notice given to the officer under subsection 13K(1), give a written notice to the officer stating that the Chief of Navy proposes to retire the officer at the end of a period (the relevant period) specified in the notice unless the officer notifies the Chief of Navy in writing within the relevant period that the officer wishes to transfer to the Australian Naval Reserve at or before the end of the relevant period.

 (3) The period specified in a notice given by the Chief of Navy to an officer under subsection (2) must be a period of not less than 13 months starting on the day on which the notice is given to the officer.

 (4) If the officer does not notify the Chief of Navy as mentioned in subsection (2), the Chief of Navy may retire the officer at the end of the relevant period.

 (5) The Chief of Navy retires an officer under subsection (4) by giving the officer a written notice stating that the officer is retired from the Navy at the end of the relevant period.

 (6) An officer of the Navy to whom a notice is given under subsection (5) is retired from the Navy, by force of this subsection, at the end of the relevant period.

 (7) An officer who is retired under subsection (6) is taken for all purposes to have been compulsorily retired from the Navy.