Defence (Personnel) Amendment Regulations 2008 (No. )

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

Minister for Defence Science and Personnel

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

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

insert

[4] Schedule 1, item 11

omit

insert

[5] Schedule 1, item 12

omit

insert