Naval Forces Regulations (Amendment) (Cth)

Statutory Rules 1992

No. 264 1

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Naval Forces Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Naval Defence Act 1910.

 Dated 19 August 1992.

 

 BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

  

GORDON BILNEY

Minister of State for Defence Science and Personnel

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1.   Amendment

1.1   The Naval Forces Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s.48.]

2.   Regulation 4 (Interpretation)

2.1   Insert the following definitions:

“‘PNF officer’ means an officer of the Permanent Naval Forces;

‘PNF’ means the Permanent Naval Forces;”.

3.   Regulation 46A (Members on extended service ineligible for promotion)

3.1   Subregulation (1):

 After “Regulations,”, insert “except subregulation (2),”.

3.2   Add at the end:

“(2)

Notwithstanding subregulation (1), an officer who:

• (a)

  holds a permanent appointment in the PNF; and

• (b)

  has elected to be retired at age 55 under subregulation 102 (2) or (3);

is eligible for promotion in substantive rank until he or she reaches the age of 55 years or the higher compulsory retirement age applicable to the officer under subregulation 102 (1).”.

4.   Regulation 102 (Retiring age of officers)

4.1   Subregulation (1):

Omit all the words before the table, substitute:

“(1)

For the purposes of section 17 of the Act, the age for the compulsory retirement of a PNF officer who was appointed to the PNF before 1 January 1992 is the age set out in the following table in relation to the officer’s rank, opposite the name of the list on which, or branch in which, the officer is or was included before 1 November 1992: ”.

4.2   After subregulation (1), add:

“(2)

A PNF officer below the rank of Rear Admiral who:

• (a)

  was appointed to the PNF before 1 January 1992; and

• (b)

  holds a permanent appointment in the PNF;

may elect to retire at 55 years of age instead of a lower retirement age that would apply to the officer under subregulation (1).

“(3)

A PNF officer below the rank of Rear Admiral who:

• (a)

  was appointed to the PNF before 1 January 1992; and

• (b)

  is serving for a specified period which would end after the officer reaches the retirement age that would apply to the officer under subregulation (1);

may elect to retire at 55 years of age instead of a lower retirement age that would apply to the officer under subregulation (1).

“(3A)

An election under subregulation (2) or (3) must be made in writing to the Chief of Naval Staff:

• (a)

  before the end of 31 December 1992; or

• (b)

  if the appointment of a PNF officer is extended, or the appointment of the officer is converted to a permanent appointment, under section 11 of the Act—within 3 months after the extension or the conversion;

whichever occurs later.

“(3B)

For the purposes of section 17 of the Act, the age for the compulsory retirement of a PNF officer who was appointed to the PNF on or after 1 January 1992 is:

• (a)

  for an Admiral—63 years; and

• (b)

  for a Vice Admiral—60 years; and

• (c)

  for a Rear Admiral—57 years; and

• (d)

  for all other ranks of officers—55 years.”.

4.3   Subregulation (4):

Omit “an officer in the Chaplain Branch”, substitute “a chaplain in the PNF”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 26 August 1992.

2. Statutory Rules 1935 No. 133 as amended by 1936 Nos. 63 and 119; 1938 Nos. 20, 46, 70 and 91; 1939 Nos. 26, 27, 72 and 143; 1940 Nos. 123, 135, 147, 197, 217 and 240; 1941 Nos. 21, 187, 215 and 242; 1942 Nos. 48 and 202; 1943 No. 42; 1944 No. 63; 1946 Nos. 26 and 32; 1947 Nos. 34 and 130; 1948 Nos. 37, 87 and 88; 1950 Nos. 4 and 26; 1951 Nos. 53, 66 and 165; 1953 No. 19; 1954 Nos. 28, 115 and 123; 1955 Nos. 5 and 16; 1956 No. 78; 1958 No. 88; 1959 No. 38; 1961 Nos. 51 and 67; 1963 Nos. 113 and 145; 1964 Nos. 143 and 157; 1965 Nos. 56 and 67; 1967 No. 20; 1968 Nos. 15 and 79: 1969 No. 128; 1970 Nos. 35, 71 and 179; 1971 No. 16; 1972 Nos. 1, 44, 75, 125 and 158; 1973 Nos. 58, 105 and 274; 1974 No. 78; 1975 No. 1; 1976 Nos. 15 and 56; 1978 Nos. 54 and 75; 1979 No. 251; 1980 Nos. 7, 100, 104, 178, 225, 285 and 359; 1981 Nos. 53, 227, 258 and 339; 1982 Nos. 34, 132 and 324; 1983 Nos. 42, 62, 205, 266 and 282; 1984 Nos. 199, 377 and 399; 1985 Nos. 93, 122 and 212; 1986 No. 332; 1987 No. 18; 1988 Nos. 39, 128 and 234; 1990 No. 376; 1991 Nos. 134 and 234.