Document ID: chunk:federal_register_of_legislation:C2004C01240:clause:1_101
Version: federal_register_of_legislation:C2004C01240
Segment Type: clause
Provision Reference: sch 1 cl 101
Character Range: 8324–9881

101  Termination or discharge

 (1) If a member to whom a notice is given under section 100 is an officer who holds a rank not below the rank of Major‑General (or equivalent rank) and:
 (a) the officer does not give the relevant authority, within the period specified in the notice, a statement of reasons why the officer's appointment should not be terminated; or
 (b) having considered such a statement given by the officer, the relevant authority is of the opinion that the officer's appointment should be terminated;
the Governor‑General must terminate the appointment.

 (2) If a member to whom a notice is given under section 100 is an officer who holds a rank below the rank of Major‑General (or equivalent rank) and:
 (a) the officer does not give the relevant authority, within the period specified in the notice, a statement of reasons why the officer's appointment should not be terminated; or
 (b) having considered such a statement given by the officer, the relevant authority is of the opinion that the officer's appointment should be terminated;
the relevant authority must terminate the appointment.

 (3) If a member to whom a notice is given under section 100 is not an officer and:
 (a) the member does not give the relevant authority, within the period specified in the notice, a statement of reasons why the member should not be discharged; or
 (b) having considered such a statement given by the member, the relevant authority is of the opinion that the member should be discharged;
the relevant authority must discharge the member.