Document ID: chunk:federal_register_of_legislation:C2004C01240:clause:1_103
Version: federal_register_of_legislation:C2004C01240
Segment Type: clause
Provision Reference: sch 1 cl 103
Character Range: 10703–11784

103  Reduction in rank

 (1) This section applies if a sample provided by a member returns a positive result (whether or not the member has been assessed under section 99 as unfit or unsuitable for further service) and:
 (a) if the member is an officer—the officer's appointment is not terminated under subsection 101(1) or (2); or
 (b) if the member is not an officer—the member is not discharged under subsection 101(3).

 (2) Subject to the following provisions of this section, the relevant service chief may reduce the member to the next lower rank.

 (3) If the relevant service chief proposes to reduce a member's rank, he or she must:
 (a) inform the member in writing of the proposal; and
 (b) give the member a reasonable opportunity to show cause why the member's rank should not be reduced.

 (4) A reduction in rank must be in writing.

 (5) The document effecting the reduction in rank must specify the day on which the reduction in rank is to take effect.

 (6) A copy of the document effecting the reduction in rank is to be given to the officer or other member.