STATUTORY RULES.
1925. No. 150.
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REGULATIONS UNDER THE DEFENCE ACT 1903-1918.
I, THE Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following regulations under the Defence Act 1903-1918, to come into operation forthwith.
Dated this second day of September, 1925.
FORSTER,
Governor-General.
By His Excellency’s Command,
NEVILLE HOWSE,
Minister of State for Defence.
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Australian Military Regulations.
(Statutory Rules, 1916, No. 166, as amended to this date.)
Amendments.
A. Regulation 152 is amended—
(a) by deleting from the table in sub-regulation (1) the following:—
“Reserve of Officers— | |
All ranks............ | 60.........” |
and substituting therefor the following:—
“Reserve of Officers— | |
Lieut.-General......... | 65......... |
Major-General......... | 62......... |
Lower ranks.......... | 60..........” |
(b) by deleting the proviso at the end of the regulation.
B. Sub-regulation (1) of Regulation 154 is amended—
(a) by deleting the words “the age for retirement of their rank” and substituting therefor the words “the qualifying age for their rank”;
C. 12839. —Price 3d.
(b) by deleting the table therein, and substituting the following:—
Substantive or Brevet rank on retirement. | Requisite Qualifying Service for Retired List with grant of one Step in Honorary Rank | Qualifying Age |
Lieut.-General | Thirty years’ commissioned service on the Active List in the Military Forces, including, in the case of an officer holding the substantive or brevet rank of Colonel on retirement, ten years’ continuous service in that substantive or brevet rank | 65 |
| 62 |
Major-General |
Colonel.... | 58 |
Lieut. Colonel | Twenty years’ commissioned service on the Active list in the Military Forces | 56 |
Major ..... | 55 |
Captain..... | Fifteen years’ commissioned service on the Active List in the Military Forces | 50 |
Lieutenant... | 48 |
and
(c) by deleting, the words “have reached the age for retirement” secondly occurring, and substituting therefor the words “have reached the qualifying age”.
C. Regulation 409 is amended by deleting the words “excepting cost of living allowances and command or staff pay” and substituting therefor the words “but inclusive of command and staff pay”,
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Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.
STATUTORY RULES.1925. No. 150.
MEMORANDUM
AUSTRALIAN MILITARY REGULATIONS.
These amendments refer to the ages for retirement of officers of the permanent military Forces.
Overview
The Australian Military Regulations (Statutory Rules, 1916, No. 166, as amended) were enacted to make specific amendments to the retirement ages of officers in the permanent military forces. Introduced under the Defence Act 1903-1918, these regulations were made by the Governor-General in Council, with the objective of updating the qualifying ages and service requirements for officers in various ranks. This statutory rule, which came into operation immediately upon its enactment in 1925, aims to address the need to revise retirement criteria to better reflect service qualifications and age thresholds, thereby ensuring a more structured and fair system for the retirement of military personnel. The amendments to Regulation 152 and Regulation 154, in particular, adjust the qualifying ages and service conditions for different ranks, from Lieutenant-General to Captain, to provide clarity and consistency in the retirement process.
Scope and Application
The Australian Military Regulations, as amended by Statutory Rules 1925 No. 150, apply to officers within the permanent military forces of Australia. These regulations outline the conditions under which officers may retire, including specific requisite ages and qualifying service periods for various ranks. The regulation affects individuals such as lieutenants-general, major-generals, colonels, lieutenant colonels, majors, captains, and lieutenants. The changes in these regulations affect the qualifying age and service requirements for retirement, specifying that certain ranks must meet specific age and service thresholds before being eligible for retirement. The geographic and jurisdictional reach of these regulations is nationwide, applying uniformly across the Commonwealth of Australia. There are no stated exclusions or exemptions within the text, and the application of these regulations extends through subordinate instruments which may provide further clarification or additional conditions.
Key Provisions
The Australian Military Regulations, amended by Statutory Rules 1925, No. 150, make several changes to the retirement criteria for military officers. The key modifications are found in Regulation 152 (a), which adjusts the retirement ages for different ranks within the Reserve of Officers, and in Regulation 154 (b), which revises the qualifying service and age requirements for officers retiring at various ranks. Regulation 152 now stipulates that the age at which officers must retire is 65 for Lieut.-Generals, 62 for Major-Generals, and 60 for lower ranks. Regulation 154 (b) further refines the qualifying service and age requirements, ensuring that officers have completed a specific number of years in commissioned service before they can retire and setting the qualifying age for retirement at different ranks.
These amendments impose clear obligations on officers within the Australian military. They must adhere to the new qualifying service periods and retirement ages set forth in the regulations. For example, a Lieut.-General must have at least 30 years of commissioned service, including 10 years at the substantive or brevet rank of Colonel, before being eligible to retire at the age of 65. Similarly, a Major-General must have completed 20 years of commissioned service to retire at the age of 58, while a Major must have 15 years of commissioned service to retire at the age of 50. These requirements ensure that officers meet specific service criteria before they are eligible for retirement.
Failure to comply with these regulations could result in significant consequences for officers and the military as a whole. Although the regulations do not explicitly state penalties for non-compliance, breaches of military regulations can generally lead to disciplinary actions, including court-martial proceedings. Officers found to be in violation of the qualifying service or age requirements could face severe disciplinary measures, potentially impacting their careers and the overall efficiency of the military forces.