Commonwealth Numbered Regulations - Explanatory Statements

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NAVAL FORCES AMENDMENT REGULATIONS 1999 (NO. 1) 1999 NO. 281

STATUTORY RULES 1999 No. 281

Issued by the Authority of the Minister for Defence

Naval Defence Act 1910

Naval Forces Amendment Regulations 1999 (No. 1)

The Naval Forces Regulations ("the Principal Regulations") made under the Naval Defence Act 1910, set out, among other things, the conditions of service for members of the Navy.

Regulation 202 of the Principal Regulations prescribes the compulsory retirement ages for members of the Naval Reserve. Subregulation 202(2) provides that the compulsory retirement age for a sailor of the Naval Reserve is 55 years.

This Statutory Rule amends subregulation 202(2) of the Principal Regulations to increase to 60 the compulsory retirement age for sailors. This standardises the retirement age at 60 for all Naval Reserve Officers. The amendment brings sailors into line with officers. It also increases the effectiveness and utilisation of the Reserve Forces by enabling sailors of the affected ranks to serve for longer periods.

A transitional provision is included which provides that subregulation (2) does not apply to a sailor who was a member of the Naval Reserve on 30 November 1999 if the sailor elects to adopt the retirement age of 55. The election is to be in writing, signed by the sailor and delivered to the Chief of Navy within 6 months after this amendment. The increase in the compulsory retirement age will enable sailors to voluntarily serve for a longer period. Sailors who do not make the election within the prescribed period will automatically adopt the new compulsory retirement age. (In practice, sailors do not contribute to a retirement scheme and therefore there are no financial or other benefits which accrue to sailors on retirement. As a result, the increase in retirement age will not have any detrimental consequences).

The Statutory Rule commences on 1 December 1999.