Statutory Rules
1975 No. 1
REGULATION UNDER THE NAVAL DEFENCE ACT 1910-1973.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulation under the Naval Defence Act 1910-1973.
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 Naval Forces Regulations†
Retirinages of officers.
Regulation 102 of the Naval Forces Regulations is amended by omitting from the column headed “ Admiral “ in sub-regulation (1) the figure “60” and substituting the figure “ 63”.
* Notified in the Australian Government Gazette on 14 January 1975.
† Statutory Rules 1935, No. 133, as amended by Statutory Rules 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; and 1973, Nos. 58, 105 and 274; and 1974, No. 78.
Overview
Statutory Rules 1975 No. 1, made under the Naval Defence Act 1910-1973, were enacted to amend the Naval Forces Regulations, specifically addressing the retirement age of officers within the Royal Australian Navy. The regulation was issued by the Governor-General of Australia, acting on the advice of the Executive Council, and signed by the Minister of State for Defence. The stated policy objective was to adjust the mandatory retirement age of officers, with the amendment increasing the retirement age for Admirals from 60 to 63 years. This adjustment aimed to provide continuity and experience within the naval forces, ensuring that skilled and experienced officers remain in service for a longer duration.
Scope and Application
This legislative instrument, Statutory Rules 1975 No. 1, is a regulation made under the Naval Defence Act 1910-1973 and pertains to the amendment of the Naval Forces Regulations concerning the retiranges of officers. This regulation specifically adjusts the retirange age for Admirals from 60 to 63 years. The regulation applies to officers within the naval forces of Australia, thereby affecting the eligibility and service duration of these individuals within the Defence Force. The regulation's scope is limited to the Australian Defence Force and its personnel, particularly those holding the rank of Admiral. The jurisdictional reach of this regulation is federal, as it is enacted under the authority of the Commonwealth of Australia. No specific exclusions or exemptions are mentioned within the text of this particular regulation, and there are no stated thresholds that would limit its application. Subordinate instruments may further extend or detail the application of this regulation, although such extensions or details are not explicitly mentioned in the provided text.
Key Provisions
The primary operative section of this legislative instrument, Regulation 102 of the Naval Forces Regulations, amends the retirement age of officers within the Naval Forces, specifically changing the age from 60 to 63 (Reg. 102(1)). This alteration is significant as it directly affects the career trajectory and retirement planning of officers in the Navy. The regulation is designed to provide more years of service for experienced officers, potentially benefiting the continuity and stability of naval operations.
The Act imposes certain obligations on the affected parties, primarily the officers within the Naval Forces. Officers now have an extended period of service, which means they are expected to remain in their roles and contribute their experience and skills for an additional three years beyond the previous retirement age of 60. This extended service period may also have implications for promotions, training, and the allocation of responsibilities within the Naval Forces.
For breaches of the provisions outlined in this regulation, there are no specific offences or penalties mentioned in the text. However, non-compliance with regulations governing service and retirement within the Naval Forces could lead to administrative consequences such as disciplinary actions, loss of rank, or other penalties as determined by the Naval Defence Act 1910-1973 and subsequent regulations. The maximum penalties, if applicable, would be dictated by the overarching legislation rather than this specific regulation.