Statutory Rules
1978 No. 54
REGULATION UNDER THE NAVAL DEFENCE ACT 1910*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Naval Defence Act 1910.
Dated this eleventh day of April, 1978.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
Signed D. J. Killen
Minister of State for Defence
AMENDMENT OF THE NAVAL FORCES REGULATIONS †
Retiring age of officers
Regulation 102 of the Naval Forces Regulations is amended by omitting from the table in sub-regulation (1) “ 48 ” (first and second occurring in the seventh column) and substituting “ 55 ”.
* Notified in the Commonwealth of Australia Gazette on 17 April 1978.
† 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 212; 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; and 1976, Nos. 15 and 56.
Printed by Authority by the Commonwealth Government Printer
10220/78 Cat. No. —Recommended retail price 10c 12/23.1.1978
Overview
The Statutory Rules 1978 No. 54, titled "Regulation under the Naval Defence Act 1910," was enacted to address a specific issue within the Australian Defence Force's Naval branch, specifically regarding the retiring age of officers. This regulation was made under the authority of the Naval Defence Act 1910 by the Governor-General of the Commonwealth of Australia, acting on advice from the Federal Executive Council. The primary objective of this regulation is to amend the retiring age of officers within the Naval Forces, thereby extending it from 48 to 55 years. This change aims to ensure that the Naval Defence Force retains experienced personnel longer, enhancing operational capability and stability within the Defence Force.
Scope and Application
The Statutory Rules 1978 No. 54, made under the Naval Defence Act 1910, establish amendments to the Naval Forces Regulations, specifically concerning the retiring age of officers. This regulation applies to all officers within the naval forces, impacting their employment conditions and service duration. The amendment increases the retiring age from 48 to 55, which directly influences personnel management and career planning within the naval sector. The regulation is applicable nationally, as it pertains to the Commonwealth of Australia, thus affecting all personnel and operations under the federal purview.
The scope of these regulations is confined to the officers of the naval forces, and no exclusions or exemptions are specified within the statutory rules themselves. However, the application of the regulation might be further defined or clarified through subordinate instruments or other legislative provisions. This regulation serves to extend the service period for naval officers, potentially enhancing the experience and continuity within the naval forces.
Key Provisions
The main operative section of this legislation is regulation 102, which modifies the retiring age of officers within the naval forces. Previously, officers could retire at the age of 48; however, this regulation now increases the retiring age to 55 (regulation 102). This change applies to officers whose retiring age is specified in the table within sub-regulation (1) of regulation 102, and the amendment involves substituting the retiring age of 48 with 55 in the relevant column. This adjustment is intended to extend the service period of naval officers, ensuring they remain in their roles for a longer duration.
The Act imposes specific obligations on the naval officers who are subject to the changes outlined in regulation 102. Officers who were previously eligible to retire at 48 must now continue their service until they reach the age of 55. This change affects their employment terms and conditions, requiring them to remain in active duty for an additional seven years. The regulation ensures that these officers adhere to the new retiring age, maintaining the integrity and continuity of naval operations.
Breach of the new retiring age requirements can lead to several consequences, although the specific penalties are not detailed within the regulation itself. Generally, failure to comply with the mandated service period could result in disciplinary action, including potential termination of employment. Additionally, officers who do not adhere to the extended service period may face legal repercussions, as the regulation is made under the authority of the Naval Defence Act 1910. The penalties for non-compliance could range from fines to more severe disciplinary measures, depending on the circumstances and the discretion of the relevant authorities.