Document ID: chunk:federal_register_of_legislation:C2005A00026:clause:1_27
Version: federal_register_of_legislation:C2005A00026
Segment Type: clause
Provision Reference: sch 1 cl 27
Character Range: 8152–9517

27  At the end of section 101
Add:

 (4) If a person to whom a notice is given under section 100 is a defence civilian and:
 (a) the person does not give the relevant authority, within the period specified in the notice, a statement of reasons why the arrangement under which the person is a defence civilian should not be terminated; or
 (b) having considered such a statement given by the person, the relevant authority is of the opinion that the arrangement under which the person is a defence civilian should be terminated;
the relevant authority must terminate that arrangement.

 (5) In considering under this section whether:
 (a) an officer's appointment should be terminated; or
 (b) a defence member other than an officer should be discharged; or
 (c) the arrangement under which a person is a defence civilian should be terminated;
the relevant authority must take into consideration any warning previously given to the officer, defence member or defence civilian under section 104.

 (6) Nothing in this section or in section 104 is to be taken to require that a notice under section 104 must have been given in respect of a previous positive test result before:
 (a) an officer's appointment is terminated; or
 (b) a defence member is discharged; or
 (c) the arrangement under which a person is a defence civilian is terminated;
  under this section.