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).