Australian Military Regulations (Amendment)

Administered by Department of Defence

Legislation au F1997B00186 Regulations Not in force Legislative Instrument

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Statutory Rules

1975 No. 2

REGULATION UNDER THE DEFENCE ACT 1903-1973.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulation under the Defence Act 1903-1973.

Dated this seventh day of January, 1975.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

LANCE BARNARD

Minister of State for Defence.

–––––––

Amendment of the Australian Military Regulations†

Retiring ages for officers.

Regulation 124 of the Australian Military Regulations is amended—

(a) by omitting from the column headed “ General or Lieutenant-General ” of the table in sub-regulation (1) the words “ General or ”; and

(b) by inserting after sub-regulation (1) the following sub-regulation:—

“ (1aa) For the purposes of section 27 of the Act, the age for compulsory retirement of an officer in the Military Forces with the rank of General is, subject to the succeeding provisions of this regulation, the age of 63 years.”.

 

* Notified in the Australian Government Gazette on 14 January 1975.

† 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; 1964, Nos. 62, 83, 93 and 149; 1965, Nos. 61, 72, 116, 119, 138 and 174; 1966, Nos. 119 and 167; 1967, Nos. 13, 118 and 168; 1968, Nos. 91 and 96; 1969, Nos. 76, 94, 96, 197 and 217; 1970, nos. 101 and 193; 1971, Nos. 85 and 179; 1972, Nos. 57, 123 and 207; 1973, Nos. 99, 206, 245 and 250; and 1974, Nos. 75 and 91.

Overview

Statutory Rules 1975 No. 2, made under the Defence Act 1903-1973, aims to amend the Australian Military Regulations, specifically addressing the retiring ages for officers in the Military Forces. Enacted by the Governor-General of Australia, acting on advice from the Executive Council, the regulation was issued on January 7, 1975, and came into effect to ensure that the retiring age for an officer holding the rank of General is set at 63 years, subject to further provisions outlined in the regulation itself. The policy objective is to establish a clear and consistent retirement age for high-ranking officers within the Australian Defence Force, thereby maintaining an orderly and efficient transition of leadership roles.

Scope and Application

This statutory instrument amends the Australian Military Regulations, specifically addressing the retiring ages for officers within the Military Forces. The amendment affects officers in the Military Forces, specifically those with the rank of General, and sets their compulsory retirement age at 63 years. The regulation operates within the framework of the Defence Act 1903-1973 and is applicable across the Commonwealth of Australia. The amendment to Regulation 124, by omitting certain words and inserting new provisions, directly impacts the mandatory retirement age for high-ranking officers. This change is significant for the management and succession planning within the military hierarchy. The regulation does not explicitly outline exclusions, exemptions, or thresholds beyond what is specified within the amendment itself. The application of this regulation is confined to the adjustments made to the retirement age for Generals, without broader implications for other ranks or categories within the military forces.

Key Provisions

The regulation made under the Defence Act 1903-1973 primarily addresses the amendment of the Australian Military Regulations, specifically regarding the retiring ages for officers within the Military Forces (regulation 124). It removes the previous reference to "General or" from the table in sub-regulation (1) and introduces a new sub-regulation (1aa), which states that the compulsory retirement age for an officer in the Military Forces holding the rank of General is set at 63 years, subject to further provisions within the regulation. The regulation imposes specific requirements and obligations on officers within the Military Forces, particularly those holding the rank of General. These obligations include adhering to the compulsory retirement age of 63 years as outlined in the regulation. Officers must ensure they comply with the new retirement age provisions, which are applicable under the Defence Act 1903-1973 and the Australian Military Regulations. Failure to comply with these provisions may have legal consequences, as outlined in the regulation. Any breach of the provisions set forth in the regulation may result in legal consequences. The regulation does not explicitly state the maximum penalties for such breaches, but it is understood that any non-compliance with the Defence Act 1903-1973 and the Australian Military Regulations could lead to civil or criminal consequences, as well as potential disciplinary actions within the Military Forces. The specific penalties for breaches would be determined by the relevant authorities and in accordance with the law.

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Defence & Military Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
Reporting & Disclosure Obligations

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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.