Australian Military Regulations (Amendment) (Cth)

Statutory Rules 1972 No. 123(b)

Period of engagement.

1. Regulation 135 of the Australian Military Regulations is amended—

(a) by omitting from paragraph (f) of sub-regulation (1.) the words “three years” and inserting in their stead the words “three and one-half years”; and

(b) by omitting paragraph (b) of sub-regulation (5.) and inserting in its stead the following paragraphs:—

“(b) was serving a sentence, imposed by a court or by a service tribunal, of imprisonment or detention for a period in excess of twenty-one days;

“(ba) was in custody for a period in excess of twenty-one days in pursuance of a sentence of field punishment imposed by a service tribunal;”.

Authorities to discharge soldiers.

2. Regulation 175 of the Australian Military Regulations is amended by omitting from sub-regulation (3.) the words “the Chief of Personnel’s branch” and inserting in their stead the words “the Personnel branch”.

Age for compulsory retirement of soldier-general.

3. Regulation 191 of the Australian Military Regulations is amended by omitting from sub-regulation (4.) the words “the age of fifty-five years” and inserting in their stead the words “the age that would, but for this sub-regulation, be his age for compulsory retirement”.

Extended leave in remote localities, &c.

4. Regulation 469 of the Australian Military Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) Where a member of the Permanent Forces is, in a year, stationed in a remote locality or in a locality where the climatic conditions are severe, the member may be granted, in respect of that year, additional recreational leave for a period not exceeding, or for periods not exceeding in the aggregate, twelve days, exclusive of Sundays and holidays.”.

Short leave of absence.

5. Regulation 474 of the Australian Military Regulations is repealed.

Proportionate furlough or pay in lieu to members not entitled to furlough under regulation 478.

6. Regulation 479 of the Australian Military Regulations is amended—

(a) by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) Where a member whose period of service is not less than four years but less than fifteen years is to retire upon attaining, or after having attained, his age of retirement, the Military Board may grant to the member furlough, to be taken immediately before he retires, on full pay—

(a) where the period of service of the member is not less than four years but is less than eight years—for a period of two months;

(b) where the period of service of the member is not less than eight years but is less than ten years—for a period of three months; or

 

(b) Made under the Defence Act 1903-1970 on 22 July 1972; notified in the Commonwealth Gazette on 3 August 1972.

 

(c) where the period of service of the member is not less than ten years—for a period calculated at the rate of three-tenths of a month for each year of that service,”;

(b)by omitting sub-regulation (3.) and inserting in its stead the following sub-regulations:—

“(3.) Where—

(a) the appointment of an officer who has not attained his age of retirement is terminated; or

(b) a soldier who has not attained his age of retirement is discharged,

after completing not less than four but less than fifteen years’ service and the termination or discharge is on the ground that he is medically unfit for further military service and the unfitness is not due to misconduct or to causes within his own control, the Military Board may authorize payment to him of a sum not exceeding the amount of his pay, at the rate payable immediately before his retirement, for a period equal to the period of furlough which he could have been granted under sub-regulation (1.) of this regulation if he had attained the age for his retirement.

“(3a.) Where—

(a) a member, being an officer, resigns after he has completed not less than ten but less than fifteen years’ service or, being a soldier, is discharged for the following reason, namely, that he has requested his discharge, after he has completed not less than ten but less than fifteen years’ service;

(b) the member is not eligible for leave under sub-regulation (1.) of this regulation or to receive apayment under sub-regulation (2.) of this regulation; and

(c) his resignation or discharge is caused by domestic orother pressing necessity,

the Military Board may authorize payment to the member of a sum not exceeding the amount of his pay, at the rate payable immediately before his resignation or discharge, for a period calculated at the rate of three-tenths of a month for each year of that service.

“(3b.) A reference in the next succeeding sub-regulation to a member who is retrenched shall be read as a reference to a member—

(a) who is discharged from the Military Forces;

(b) who is transferred to the Regular Army Emergency Reserve or the Citizen Military Forces; or

(c) whose appointment as an officer of the Military Forces is terminated,

on the ground that the member cannot be usefully employed in the Military Forces because those forces are being retrenched.

“(3c.) Where amember is retrenched after completing not less than four but less than fifteen years’ service, the Military Board may authorize payment to him of a sum not exceeding the amount of his pay, at the rate payable immediately before he is retrenched, for a period—

(a) if he has completed not less than four but less than eight years’ service—of two months;

 

(b) if he has completed not less than eight but less than ten years’ service—of three months; or

(c) if he has completed not less than ten years’ service— calculated at the rate of three-tenths of a month for each year of that service.”; and

(c) by omitting from sub-regulation (4.) the words “the last preceding sub-regulation” and inserting in their stead the words “sub-regulation (3.) of this regulation”.

Interpretation.

7. Regulation 481a of the Australian Military Regulations is amended by omitting the definition of “authority of a State” in sub-regulation (1.) and inserting in its stead the following definitions:—

“‘age of retirement’, in relation to a member, means the age for the compulsory retirement of the member ascertained in accordance with the provisions of regulations 124 or 191 of these Regulations, as the case may require;

“‘authority of a State’ has the same meaning as in the Commonwealth Employees Furlough Act 1943-1968;”.

Furlough or pay in lieu to Pacific Islanders not entitled to furlough under regulation 481b.

8. Regulation 481c of the Australian Military Regulations is amended by omitting the word “eight” (first occurring) and inserting in its stead the word “four”.

Authority to disclose.

9. Regulation 770 of the Australian Military Regulations is amended by omitting from paragraph (d)of sub-regulation (1.) the words “the Adjutant-General” and inserting in their stead the words “the Chief of Personnel”.

–––––––––––––