Federal Register of Legislation - Australian Government

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SLI 2011 No. 59 Regulations as made
These Regulations amend the Defence (Personnel) Regulations 2002 to allow the compulsory retirement age (CRA) for permanent members of the ADF up to and including the rank of Brigadier (or equivalent) to be increased to 60 years and the compulsory retirement age for reservists to be increased to 65 years.
Administered by: Defence
Registered 13 May 2011
Tabling HistoryDate
Tabled HR23-May-2011
Tabled Senate15-Jun-2011
Date of repeal 19 Mar 2014
Repealed by Defence (Spent and Redundant Instruments) Repeal Regulation 2014

Defence (Personnel) Amendment Regulations 2011 (No. 1)1

Select Legislative Instrument 2011 No. 59

I, PROFESSOR MARIE BASHIR, AC, CVO, Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Defence Act 1903.

Dated 12 May 2011

MARIE BASHIR

Administrator

 

By Her Excellency’s Command

WARREN SNOWDON


1              Name of Regulations

                These Regulations are the Defence (Personnel) Amendment Regulations 2011 (No. 1).

2              Commencement

                These Regulations commence on 1 June 2011.

3              Amendment of Defence (Personnel) Regulations 2002

                Schedule 1 amends the Defence (Personnel) Regulations 2002.


Schedule 1        Amendments

(regulation 3)

 

[1]           After regulation 9

insert

9A           Compulsory retirement age for certain officers

         (1)   This regulation applies to a member if the member’s rank, immediately before 1 June 2011, was:

                (a)    Rear Admiral in the Permanent Navy; or

               (b)    Major General in the Regular Army; or

                (c)    Air Vice‑Marshal in the Permanent Air Force.

Note   The compulsory retirement age for these ranks was changed on 1 June 2011 by the amendment of these Regulations.

         (2)   Despite regulation 9, the member’s compulsory retirement age is the compulsory retirement age set out in Schedule 1 unless the member makes an election to retain the retirement age (the former retirement age) that was applicable to the member immediately before 1 June 2011.

         (3)   The election must be given to the Chief of the member’s Service before the member reaches the former retirement age.

         (4)   If the member makes an election to retain the member’s former retirement age, the member’s compulsory retirement age is:

                (a)    the former retirement age; or

               (b)    a greater retirement age imposed in accordance with these Regulations before the member reaches the member’s former retirement age.

[2]           Paragraphs 113 (2) (a) and (b)

substitute

                (a)    member of a court martial;

[3]           Schedule 1, item 10

omit

57

insert

60

[4]           Schedule 1, item 11

omit

57

insert

60

[5]           Schedule 1, item 12

omit

57

insert

60


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.