Defence (Personnel) Amendment Regulations 2007 (No. 1)1
Select Legislative Instrument 2007 No. 181
I, PROFESSOR MARIE BASHIR, AC, CVO Deputy for the Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Defence Act 1903.
Dated 28 June 2007
MARIE BASHIR
Deputy for the Governor‑General
By Her Excellency’s Command
BRENDAN NELSON
Minister for Defence
1              Name of Regulations
                These Regulations are the Defence (Personnel) Amendment Regulations 2007 (No. 1).
2              Commencement
                These Regulations commence on 1 July 2007.
3              Amendment of Defence (Personnel) Regulations 2002
                Schedule 1 amends the Defence (Personnel) Regulations 2002.
Schedule 1        Amendments
(regulation 3)
  
[1]           Subregulation 9 (1)
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this regulation commences
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1 July 2007
[2]           Subregulation 9 (3)
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old
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former
[3]           Paragraph 9 (5) (a)
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, before this regulation commences,
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before 1 July 2007,
[4]           Paragraph 9 (5) (b)
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before this regulation commences;
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before 1 July 2007;
[5]           Subregulation 10 (1)
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this regulation commences
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1 July 2007
[6]           Subregulation 10 (3)
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old
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former
[7]           Paragraph 10 (5) (a)
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, before this regulation commences,
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before 1 July 2007,
[8]           Paragraph 10 (5) (b)
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before this regulation commences;
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before 1 July 2007;
[9]           Regulations 11 and 12
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11            Extension of compulsory retirement age — officers
         (1)   The Minister may extend the compulsory retirement age for a specified officer, or for a class of officers:
                (a)    to any age; or
               (b)    for a specified period.
         (2)   If a person is appointed in accordance with subregulation 15 (2) for a specified period, or until a specified age, the compulsory retirement age for that officer is taken to be the end of the period or age.
         (3)   If the compulsory retirement age for an officer is extended under subregulation (1), or altered under subregulation (2), a reference in these Regulations to the officer’s compulsory retirement is taken to be the extended or altered age.
12            Extension of compulsory retirement age — enlisted members
         (1)   A Chief may extend the compulsory retirement age for a specified enlisted member of the Chief’s Service, or for a class of enlisted members:
                (a)    to any age; or
               (b)    for a specified period.
         (2)   If a person is appointed in accordance with subregulation 25 (3) for a specified period, or until a specified age, the compulsory retirement age for that enlisted member is taken to be the end of the period or age.
         (3)   If the compulsory retirement age for an enlisted member is extended under subregulation (1), or altered under subregulation (2), a reference in these Regulations to the enlisted member’s compulsory retirement is taken to be the extended or altered age.
[10]         Paragraph 15 (2) (b)
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70
[11]         Paragraph 25 (3) (b)
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[12]         Regulation 116
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116         Retirement Age
         (1)   Subject to subregulation (2), the compulsory retirement age for a chaplain is as follows:
                (a)    permanent force — 60 years;
               (b)    Reserves — 65 years.
         (2)   The Minister may extend a chaplain’s compulsory retirement age to an age without limitation on the upper age limit.
         (3)   Before a chaplain in the permanent force reaches his or her compulsory retirement age:
                (a)    the Chief of the Service in which the chaplain is serving may apply to the Minister for approval to retain the chaplain’s services in the Reserves; and
               (b)    the Minister may approve the application if:
                          (i)    the chaplain has agreed to the retention of the chaplain’s services; and
                         (ii)    the chaplain’s Principal Chaplain (if any) has agreed to the retention of the chaplain’s services; and
                (c)    if the Minister approves the application, the Minister must specify the category of the Reserves in which the chaplain will serve.
[13]         After regulation 125
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126         Transitional arrangements for compulsory retirement age — members
         (1)   In this regulation:
                (a)    former regulations means these Regulations as in effect immediately before 1 July 2007; and
               (b)    former retirement age means the retirement age specified for members as in effect immediately before 1 July 2007; and
                (c)    old retirement age means the retirement age specified for members as in effect immediately before 22 March 2002.
         (2)   If, under the former regulations, a member elected to retain the old retirement age, that member may under these Regulations elect to retain the old retirement age.
         (3)   The election must be given to the Chief of the member’s Service before the member reaches the earlier of the old and former retirement ages.
         (4)   If the member makes an election under subregulation (2), the member’s compulsory retirement age is taken to be the old retirement age.
         (5)   If under the former regulations, the member:
                (a)    was offered the opportunity to elect to serve until reaching the former retirement age; and
               (b)    did not elect to serve until reaching the former retirement age;
                the member’s retirement age is taken to be the old retirement age unless the Chief of the member’s Service allows the member to elect to serve until reaching the former retirement age.
127         Transitional provisions for alteration of compulsory retirement age — chaplain
         (1)   In this regulation:
                (a)    former regulations means these Regulations as in effect immediately before 1 July 2007; and
               (b)    former retirement age means the retirement age specified for a chaplain as in effect immediately before 1 July 2007; and
                (c)    old retirement age means the retirement age specified for a chaplain as in effect immediately before 22 March 2002.
         (2)   If, under the former regulations, a chaplain elected to retain the old retirement age, that chaplain may under these Regulations elect to retain the old retirement age.
         (3)   The election must be given to the Chief of the chaplain’s Service before the chaplain reaches the earlier of the old and former retirement ages.
         (4)   If the chaplain makes an election under subregulation (2), the chaplain’s compulsory retirement age is taken to be the old retirement age.
         (5)   If under the former regulations, the chaplain:
                (a)    was offered the opportunity to elect to serve until reaching the former retirement age; and
               (b)    did not elect to serve until reaching the former retirement age,
                the chaplain’s retirement age is taken to be the old retirement age unless the Chief of the Service, in which the chaplain is serving, allows the chaplain to elect to serve until the former retirement age.
[14]         Schedule 1, table, column 3
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60
[15]         Schedule 1, table, column 4, items 4 to 6
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65
[16]         Schedule 1, column 4
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60
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65
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.