Australian Military Regulations (Amendment)

Administered by Department of Defence

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STATUTORY RULES.

1964. No. 83.

REGULATIONS UNDER THE DEFENCE ACT 1903-1956.*

I, THE ADMINISTRATOR of the Government, of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903-1956.

Dated this second day of July, 1964.

E. W. Woodward

Administrator.

By His Excellency’s Command,

A. J. FORBES

Minister of State for the Army.

AMENDMENTS OF THE AUSTRALIAN MILITARY REGULATIONS.†

Commencement.

1. These Regulations shall come into operation on the ninth day of July, 1964.

Parts.

2. Regulation 2 of the Australian Military Regulations is amended by omitting the words—

“Division 1.—Australian Staff Corps 536-541”

and inserting in their stead the words—

“Division 1.—Australian Staff Corps 536-542”.

Officers not to be promoted after attaining the retiring age prescribed by regulation 124 (1.).

3. Regulation 88A of the Australian Military Regulations is amended by omitting the words “whose services are retained” and inserting in their stead the words “is determined”.

4. Regulation 124 of the Australian Military Regulations is repealed and the following regulation inserted in its stead:—

Ages for retirement of officers.

“124.—(1.) Subject to this regulation, the age for the compulsory retirement of an officer, for the purposes of section 27 of the Act, is the age set out in the following table in relation to his rank, or appointment and the name of his corps, service or department:—

* Notified in the Commonwealth Gazette on 9th July, 1964.

† Statutory Rules 1927, No. 149, as amended by Statutory Rules 1928, Nos. 23, 28 and 126; 1929, No. 123; 1930, Nos. 26, 67 and 92; 1931, No. 13; 1932, Nos. 80, 87 and 125; 1933, Nos. 49 and 77; 1934, Nos. 26 and 80; 1935, Nos. 99 and 109; 1936, Nos. 21, 44 and 100; 1937, No. 45; 1938, Nos. 75, 90 and 93; 1939, Nos. 31, 51, 58, 115, 123, 134, 160 and 173; 1940, Nos. 2, 16, 29, 59, 150, 183, 184, 185, 186, 199, 237, 252, 272 and 273; 1941, Nos. 3. 4, 14, 43, 135, 153, 155, 205, 245, 246, 260 and 311; 1942, Nos. 35, 59, 60, 85, 114, 166, 179, 211, 231, 289, 333, 334, 350, 417, 477, 506, 508, 521, 522, 555 and 556; 1943, Nos. 17, 68, 72, 126, 174, 199, 200, 219, 244, 245, 246, 249 and 258; 1944, Nos. 1, 39, 69, 71, 72, 114, 120, 122, 154 and 164; 1945, Nos. 6, 19, 38, 42, 68, 94, 111, 141 and 195; 1946, Nos. 72, 113. 114, 116 and 150; 1947. Nos. 25 and 59; 1948, Nos. 40, 59, 65 and 79; 1949, Nos. 55 and 68; 1950, Nos. 10, 21, 29, 64 and 65; 1951, Nos. 20, 56, 125, 149 and 152; 1952, Nos. 8, 60, 68 and 69; 1953, No. 87; 1954, Nos. 113, 117 and 118; 1955, Nos. 7, 31 and 55; 1956, Nos. 52, 102 and 115; 1957, No. 56; 1958, Nos. 31, 32 and 85; 1959, Nos. 22 and 30; 1960, No. 25; 1961, No. 42; 1962, Nos. 23, 27, 68, 69 and 171; 1963, No. 28; and 1964, No. 62.

4781/64.—PRICE 9D. 9/4.6.1964.

Corps, Service or Department.	Rank or Appointment.
Corps, Service or Department.	General.	Lieutenant-General.	Major-General	Brigadier.	Colonel.	Lieutenant-Colonel.	Major.	Captain.	Lieutenant.	Second-Lieutenant.	Quartermaster or Bandmaster.
The Australian Staff Corps.........	62	60	57	55	55	50	47	47	47	47	55
The Royal Australian Armoured Corps.	67	60	57	55	55	50	47	47	47	47	55
The Royal Regiment of Australian Artillery	62	60	57	55	55	50	47	47	47	47	55
The Royal Australian Engineers.....	62	60	57	55	55	50	47	47	47	47	55
The Royal Australian Corps of Signals	62	60	57	55	55	50	47	47	47	47	55
The Royal Australian Infantry Corps..	62	60	57	55	55	50	47	47	47	47	55
The Australian Intelligence Corps....	62	60	57	55	55	50	47	47	47	47	55
The Royal Australian Army Service Corps (other than the Australian Army Canteen Service)	62	60	57	55	55	50	47	47	47	47	55
The Royal Australian Army Ordnance Corps (other than the Australian Army Printing and Stationery Service)	..	..	..	57	57	53	50	50	50	50	55
The Royal Corps of Australian Electrical and Mechanical Engineers	..	..	..	57	57	53	50	50	50	50	55
The Royal Australian Army Provost Corps	..	..	..	57	57	53	50	50	50	50	55
The Royal Australian Survey Corps...	..	..	60	57	57	55	55	55	55	55	55
The Royal Australian Army Chaplains’ Department	..	..	60	57	57	55	55	55	55	55	55
The Australian Army Canteen Service.	..	..	..	57	57	55	55	55	55	55	55
The Royal Australian Army Medical Corps	..	..	60	57	57	55	55	55	55	55	55
The Royal Australian Army Dental Corps	..	..	..	57	57	55	55	55	55	55	55
The Royal Australian Army Educational Corps	..	..	..	57	57	55	55	55	55	55	55
The Australian Army Catering Corps..	..	..	..	57	57	55	55	55	55	55	55
The Royal Australian Army Pay Corps.	..	..	..	57	57	55	55	55	55	55	55
The Australian Army Legal Corps....	..	..	..	57	57	55	55	55	55	55	55
The Australian Army Printing and Stationery Service	..	..	..	57	57	55	55	55	55	55	55
The Australian Army Psychology Corps	..	..	..	57	57	55	55	55	55	55	55
The Royal Australian Army Nursing Corps	..	..	..	55	55	55	55	55	55	55
The Women’s Royal Australian Army Corps	..	..	..	55	55	55	55	50	50	50

“(2.) The age for the compulsory retirement of an officer who attains the age set out in the table in the last preceding sub-regulation in relation to his rank or appointment and the name of his corps, service or department during a time of war or a period of three months immediately following a time of war is the age that he attains on the last day of that period.

“(3.) Subject to this regulation, the age for compulsory retirement of an officer of the Australian Staff Corps who is on the Staff Corps Special List is fifty-three years.

“(4.) The rank of a deputy chaplain-general or chaplain for the purposes of sub-regulation (1.) of this regulation shall be deemed to be the rank for which the member takes precedence in accordance with the provisions of A.M.R. 595A or A.M.R. 594, as the case may be.

“(5.) This regulation does not apply to an officer of the Australian Engineer and Railway Staff Corps, to a chaplain-general or to the Senior Jewish Chaplain.

“(6.) Where the Minister certifies, by writing under his hand, that it is desirable in the interests of the Military Forces that the services of an officer of a part of the Military Forces other than the Australian Regular Army be retained after the officer has reached the age that, but for this sub-regulation, would be the age for the compulsory retirement of the officer, the age for the compulsory retirement of that officer is sixty years.

“(7.) For the purpose of this regulation, ‘rank’ means substantive rank and does not include local, temporary or honorary rank, except in the case of an officer who does not hold any other commissioned rank.”.

Pay and allowances when absent on account of sickness or illness caused by an offence.

5. Regulation 293 of the Australian Military Regulations is repealed.

Tenure of appointment.

6. Regulation 539 of the Australian Military Regulations is amended by inserting in sub-regulation (2.), after the words “Australian Staff Corps”, the words “, other than an officer on the Staff Corps Special List”.

Tour of duty abroad.

7. Regulation 540 of the Australian Military Regulations is repealed.

8. After regulation 541 of the Australian Military Regulations the following regulation is inserted in Division 1 of Part VII.:—

Staff Corps Special List.

“542.—(1.) Subject to the next succeeding sub-regulation, the Military Board may place an officer of the Australian Staff Corps whose substantive rank is not above lieutenant-colonel on a list of officers of the Staff Corps called the Staff Corps Special List.

“(2.) An officer shall not be placed on the Staff Corps Special List unless he consents, in writing, to be placed on that list.

“(3.) Except in time of war, an officer who has been placed on the Staff Corps Special List shall not—

(a) be promoted, either permanently or temporarily, to a rank higher than that held immediately before he was placed on that list; or

(b) be transferred to another Corps or placed on another List, other than the Retired List.”.

By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1964 No. 83, Regulations Under the Defence Act 1903-1956, were introduced to amend the Australian Military Regulations in 1964. This legislative instrument was made by the Administrator of the Government of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, and signed by E. W. Woodward, the Administrator, and A. J. Forbes, the Minister of State for the Army. The primary objective of these regulations was to update the compulsory retirement ages for various ranks and services within the Australian Military Forces, ensuring that the Defence Act remained current and relevant to the changing needs of the military. These amendments also included changes to the Australian Staff Corps and the introduction of the Staff Corps Special List, providing a framework for managing the tenure and promotions of officers within the military hierarchy.

Scope and Application

The Statutory Rules 1964, No. 83, made under the Defence Act 1903-1956, outlines amendments to the Australian Military Regulations, specifically addressing the compulsory retirement ages of officers within various corps and services of the Australian Military Forces. These Regulations apply to officers serving in the Australian Military Forces, with specific provisions for different ranks, appointments, and corps or services, such as the Australian Staff Corps, Royal Australian Armoured Corps, Royal Australian Artillery, and others. The geographic reach of these Regulations is national, applying across the Commonwealth of Australia. Notably, these Regulations exclude certain officers such as those in the Australian Engineer and Railway Staff Corps, chaplain-generals, and the Senior Jewish Chaplain. Additionally, the Regulations allow for exceptions to the compulsory retirement age under specific circumstances, such as during times of war or if the Minister certifies the desirability of retaining an officer's services beyond their designated retirement age. The Regulations further detail the conditions under which officers can be placed on the Staff Corps Special List, including restrictions on promotions and transfers, and specify that these conditions do not apply during times of war.

Key Provisions

The Regulations under the Defence Act 1903-1956, coming into operation on July 9, 1964, include several key amendments to the Australian Military Regulations. Firstly, the Regulations amend Regulation 2 by adding a new Division 1 to the Australian Staff Corps, specifically adding a new regulation number 542 (section 2). Secondly, Regulation 88A is amended by replacing the phrase "whose services are retained" with "is determined" (section 3). Thirdly, Regulation 124 is repealed and replaced with a new regulation that sets the ages for the compulsory retirement of officers, which varies by rank, appointment, and corps, service, or department (section 4). These Regulations impose several obligations on military officers and the Defence Force. Officers must adhere to the specified compulsory retirement ages unless exempted by the Minister. The new Staff Corps Special List has conditions such as requiring officers' written consent to be placed on it and prohibiting promotions or transfers except in specific circumstances (section 542). Additionally, Regulation 539 is amended to exclude officers on the Staff Corps Special List from certain tenure provisions (section 6). Breaches of these Regulations may have significant consequences. While the document does not explicitly state penalties for non-compliance, failure to adhere to the compulsory retirement age or other stipulated conditions could result in disciplinary action or other legal consequences under the Defence Act 1903-1956 or subsequent military regulations. Non-compliance with the conditions of the Staff Corps Special List, such as unauthorised promotions or transfers, may also lead to disciplinary measures or other corrective actions as deemed appropriate by the Military Board.

Area of Law: Military Law
Instrument: Regulation
Concepts: Commencement Provisions; Regulatory Standards; Reporting & Disclosure Obligations

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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