These Regulations are the Defence (Personnel) Regulations 2002.

These Regulations commence on the commencement of item 14 of Schedule 2 to the Defence Legislation Amendment (Enhancement of the Reserves and Modernisation) Act 2001.

3 Definitions

In these Regulations:

Air Force Act means the Air Force Act 1923.

commencement day means the day on which item 14 of Schedule 2 to the Defence Legislation Amendment (Enhancement of the Reserves and Modernisation) Act 2001 commences.

Defence Act means the Defence Act 1903.

Naval Defence Act means the Naval Defence Act 1910.

Service means any of the arms of the Defence Force.

Chapter 2 Interim personnel arrangements for Australian Navy

4 Application of Chapter 2

This Chapter is not intended to amend, revoke or otherwise affect any regulation to which item 88, 89, 90, 91, 92, 93 or 94 of Schedule 2 to the Defence Legislation Amendment (Enhancement of the Reserves and Modernisation) Act 2001 applies.

5 Interpretation

(1) In this Chapter:

old legislation means:

(a) the Naval Defence Act as in force immediately before the commencement day; and

(b) the Naval Forces Regulations 1935 as in force immediately before the commencement day;

as modified in accordance with subregulation (2).

(2) The old legislation is taken to be modified to the extent necessary to refer to, and to apply to:

(a) parts and components of the Australian Navy as they exist at any time after the commencement day; and

(b) administrative arrangements or functions in relation to the Australian Navy as they exist at any time after the commencement day.

6 Personnel arrangements

(1) This regulation applies to any matter relating to:

(a) the appointment of an officer; or

(b) the promotion, resignation, retirement, termination of appointment, transfer, posting or reduction in rank of an officer who is appointed on or after the commencement day; or

(d) the promotion, resignation, retirement, termination of enlistment, discharge, transfer, posting or reduction in rank of a member who is enlisted on or after the commencement day; or

(e) the appointment and service of chaplains.

(2) The provisions of the old legislation are adopted for the purpose of dealing with the matter.

Chapter 3 Interim personnel arrangements for Australian Army

7 Application of Chapter 3

8 Interpretation

(1) In this Chapter:

old legislation means:

(a) the Defence Act as in force immediately before the commencement day; and

(b) the Australian Military Regulations 1927 as in force immediately before the commencement day;

as modified in accordance with subregulation (2).

(2) The old legislation is taken to be modified to the extent necessary to refer to, and to apply to:

(a) parts and components of the Australian Army as they exist at any time after the commencement day; or

(b) administrative arrangements or functions in relation to the Australian Army as they exist at any time after the commencement day.

9 Personnel arrangements

(1) This regulation applies to any matter relating to:

(a) the appointment of an officer; or

(b) the promotion, resignation, retirement, termination of appointment, transfer, posting or reduction in rank of an officer who is appointed on or after the commencement day; or

(d) the promotion, resignation, retirement, termination of enlistment, discharge, transfer, posting or reduction in rank of a member who is enlisted on or after the commencement day; or

(e) the appointment and service of chaplains.

(2) The provisions of the old legislation are adopted for the purpose of dealing with the matter.

Chapter 4 Interim personnel arrangements for Australian Air Force

10 Application of Chapter 4

11 Interpretation

(1) In this Chapter:

old legislation means:

(a) the Air Force Act as in force immediately before the commencement day; and

(b) the Air Force Regulations 1927 as in force immediately before the commencement day;

as modified in accordance with subregulation (2).

(2) The old legislation is taken to be modified to the extent necessary to refer to, and to apply to:

(a) parts and components of the Australian Air Force as they exist at any time after the commencement day; or

(b) administrative arrangements or functions in relation to the Australian Air Force as they exist at any time after the commencement day.

12 Personnel arrangements

(1) This regulation applies to any matter relating to:

(a) the appointment of an officer; or

(b) the promotion, resignation, retirement, termination of appointment, transfer, posting or reduction in rank of an officer who is appointed on or after the commencement day; or

(d) the promotion, resignation, retirement, termination of enlistment, discharge, transfer, posting or reduction in rank of a member who is enlisted on or after the commencement day; or

(e) the appointment and service of chaplains.

(2) The provisions of the old legislation are adopted for the purpose of dealing with the matter.

Note

1. Notified in the Commonwealth of Australia Gazette on 22 March 2002.