Commonwealth Consolidated Acts

DEFENCE ACT 1903 - SECT 101

             (1)  The Chief of the Defence Force must terminate the service of a person if:

                     (a)  the person is given a notice under section 100; and

                     (b)  either:

                              (i)  the person does not give to the Chief of the Defence Force, within the period specified in the notice, a statement of reasons why the service should not be terminated; or

                             (ii)  having considered such a statement given by the person, the Chief of the Defence Force is of the opinion that the service should be terminated.

             (2)  The termination must be in writing, and a copy given to the person.

             (3)  The termination takes effect on the day specified in it, which must be a day occurring:

                     (a)  on or after the day a copy of the termination is given to the person; and

                     (b)  no later than 3 months after the day referred to in paragraph (a).

Delegates

             (4)  If a delegate of the Chief of the Defence Force gives a notice to a person under section 100, the same delegate must not terminate the service of the person under this section.

Note 1:       The Chief of the Defence Force or another delegate may terminate the service instead of the first delegate.

Note 2:       For delegations, see subsection 120A(3D).