Federal Register of Legislation - Australian Government

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SLI 2013 No. 19 Regulations as made
This regulation amends the Defence (Personnel) Regulations 2002 to implement a fit and proper person provision within the mandatory decision making criteria and to have similar termination provisions for both enlisted members and officers and are direct from the Pathway to Change recommendations.
Administered by: Defence
Registered 04 Mar 2013
Tabling HistoryDate
Tabled Senate12-Mar-2013
Tabled HR12-Mar-2013
Date of repeal 06 Mar 2013
Repealed by Division 1 of Part 5A of the Legislative Instruments Act 2003
Table of contents.

Commonwealth Coat of Arms

 

 

Defence (Personnel) Amendment Regulation 2013 (No. 1)

 

Select Legislative Instrument No. 19, 2013

I, Quentin Bryce, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Defence Act 1903.

Dated 1 March 2013

Quentin Bryce

Governor‑General

By Her Excellency’s Command

Warren Snowdon

Minister for Defence Science and Personnel

 

  

  


Contents

1............ Name of regulation.............................................................................. 1

2............ Commencement................................................................................... 1

3............ Authority............................................................................................. 1

4............ Schedule(s)......................................................................................... 1

Schedule 1—Amendments                                                                                                2

Defence (Personnel) Regulations 2002                                                                   2


1  Name of regulation

                   This regulation is the Defence (Personnel) Amendment Regulation 2013 (No. 1).

2  Commencement

                   This regulation commences on the day after it is registered.

3  Authority

                   This regulation is made under the Defence Act 1903.

4  Schedule(s)

                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

  

Defence (Personnel) Regulations 2002

1  Paragraph 7(2)(f)

Repeal the paragraph, substitute:

                      (f)  the skills, experience and standards of behaviour and conduct required for the proper performance of duties in the relevant Service;

2  At the end of regulation 7

Add:

             (3)  If the decision or determination relates to an individual, the person must consider whether, having regard to the individual’s past and present conduct, the individual is of good character.

3  Subregulation 58(2)

Repeal the subregulation, substitute:

             (2)  If the Chief grants the application:

                     (a)  the Chief may determine terms of the transfer (including terms relating to the member’s rank and seniority after the transfer); and

                     (b)  if the application is made under paragraph 56(b), and the Chief could have refused the application under subregulation (5), (6), (7) or (9), a specified condition must be complied with before the transfer takes effect.

          (2A)  Without limiting subregulation (2), a condition imposed under that subregulation may be a condition that the member pay a specified amount of money.

4  Subregulation 62(2)

Repeal the subregulation, substitute:

             (2)  If the Governor‑General grants the application:

                     (a)  the Governor‑General may determine terms of the transfer (including terms relating to the officer’s rank and seniority after the transfer); and

                     (b)  if the application is made under paragraph 60(b), and the Governor‑General could have refused the application under subregulation (5) or (6), a specified condition must be complied with before the transfer takes effect.

          (2A)  Without limiting subregulation (2), a condition imposed under that subregulation may be a condition that the officer pay a specified amount of money.

5  Paragraph 85(1)(aa)

Omit “enlistment”, substitute “officer’s service”.

6  Paragraphs 85(1)(d) to (f)

Repeal the paragraphs, substitute:

                     (d)  the Chief of the officer’s Service is satisfied that the retention of the officer is not in the interest of:

                              (i)  the Defence Force; or

                             (ii)  the Chief’s Service;

                     (e)  the officer gave false or misleading information to a person to whom the officer was required to give information in relation to the officer’s appointment;

                      (f)  the officer has not been granted, or has not accepted, Australian citizenship;

                     (g)  the officer has failed to render service that the officer was required to render.

7  After subregulation 85(1)

Insert:

          (1A)  Without limiting paragraph (1)(d), the Chief of the officer’s Service may be satisfied for that paragraph for reasons relating to the officer’s:

                     (a)  performance; or

                     (b)  behaviour; or

                     (c)  conviction of an offence or a service offence.

8  Paragraph 87(1)(g)

Repeal the paragraph, substitute:

                     (g)  the Chief of the enlisted member’s Service is satisfied that the retention of the enlisted member is not in the interest of:

                              (i)  the Defence Force; or

                             (ii)  the Chief’s Service;

9  After subregulation 87(1)

Insert:

          (1A)  Without limiting paragraph (1)(g), the Chief of the enlisted member’s Service may be satisfied for that paragraph for reasons relating to the enlisted member’s:

                     (a)  performance; or

                     (b)  behaviour; or

                     (b)  conviction of an offence or a service offence.

10  After subregulation 91(2)

Insert:

          (2A)  Without limiting subregulation (2), a condition imposed under that subregulation may be a condition that the officer pay a specified amount of money.

11  After subregulation 94(2)

Insert:

          (2A)  Without limiting subregulation (2), a condition imposed under that subregulation may be a condition that the senior officer pay a specified amount of money.

12  After subregulation 98(2)

Insert:

          (2A)  Without limiting subregulation (2), a condition imposed under that subregulation may be a condition that the enlisted member pay a specified amount of money.