Federal Register of Legislation - Australian Government

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SR 2003 No. 246 Regulations as made
These Regulations amend the Defence (Personnel) Regulations 2002.
Administered by: Defence
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR07-Oct-2003
Tabled Senate07-Oct-2003
Gazetted 01 Oct 2003
Date of repeal 19 Mar 2014
Repealed by Defence (Spent and Redundant Instruments) Repeal Regulation 2014

Defence (Personnel) Amendment Regulations 2003 (No. 1)1

Statutory Rules 2003 No. 2462

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Defence Act 1903.

Dated 24 September 2003

P. M. JEFFERY

Governor-General

By His Excellency’s Command

DANNA VALE


1              Name of Regulations

                These Regulations are the Defence (Personnel) Amendment Regulations 2003 (No. 1).

2              Commencement

                These Regulations commence on gazettal.

3              Amendment of Defence (Personnel) Regulations 2002

                Schedule 1 amends the Defence (Personnel) Regulations 2002.


Schedule 1        Amendments

(regulation 3)

  

[1]           After subregulation 57 (3)

insert

         (4)   A member may make an application under subregulation (1) to withdraw an application under regulation 56 (the transfer application):

                (a)    if the transfer application has not been granted or refused under regulation 58 — at any time before the transfer application is granted or refused; or

               (b)    if the transfer application has been granted under regulation 58 — at any time before the transfer takes effect.

[2]           After subregulation 61 (2)

insert

         (3)   A senior officer may make an application under subregulation (1) to withdraw an application under regulation 60 (the transfer application):

                (a)    if the transfer application has not been granted or refused under regulation 62 — at any time before the transfer application is granted or refused; or

               (b)    if the transfer application has been granted under regulation 62 — at any time before the transfer takes effect.

[3]           After subregulation 89 (3)

insert

         (4)   An officer may make an application under subregulation (1) to withdraw an application under regulation 88 (the resignation application):

                (a)    if the resignation application has not been refused under regulation 90 or granted under regulation 91 — at any time before the resignation application is refused or granted; or

               (b)    if the resignation application has been granted under regulation 91 — at any time before the resignation takes effect.

[4]           After subregulation 93 (3)

insert

         (4)   A senior officer may make an application under subregulation (1) to withdraw an application under regulation 92 (the resignation application):

                (a)    if the resignation application has not been granted or refused under regulation 94 — at any time before the resignation application is granted or refused; or

               (b)    if the resignation application has been granted under regulation 94 — at any time before the resignation takes effect.

[5]           After subregulation 96 (3)

insert

         (4)   An enlisted member may make an application under subregulation (1) to withdraw an application under regulation 95 (the resignation application):

                (a)    if the resignation application has not been refused under regulation 97 or granted under regulation 98 — at any time before the resignation application is refused or granted; or

               (b)    if the resignation application has been granted under regulation 98 — at any time before the resignation takes effect.

Notes

1.       These Regulations amend Statutory Rules 2002 No. 51, as amended by 2002 No. 279.

2.       Notified in the Commonwealth of Australia Gazette on 1 October 2003.