Document ID: chunk:federal_register_of_legislation:C2004C01240:clause:2_25d
Version: federal_register_of_legislation:C2004C01240
Segment Type: clause
Provision Reference: sch 2 cl 25D
Character Range: 16938–18768

25D  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 25B(1); and
 (b) who does not, within the period specified in the notice:
 (i) retire from the Army; or
 (ii) transfer to the Australian Army Reserve; and
 (c) in respect of whom the Chief of Army considers it is necessary to take action under this section in the interests of the organisational effectiveness of the Army.

 (2) The Chief of Army may, at any time after the period specified in the notice given to the officer under subsection 25B(1), give a written notice to the officer stating that the Chief of Army 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 Army in writing within the relevant period that the officer wishes to transfer to the Australian Army Reserve at or before the end of the relevant period.

 (3) The period specified in a notice given by the Chief of Army 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 Army as mentioned in subsection (2), the Chief of Army may retire the officer at the end of the relevant period.

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

 (6) An officer of the Army to whom a notice is given under subsection (5) is retired from the Army, 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 Army.