Commonwealth Numbered Regulations - Explanatory Statements

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NAVAL FORCES REGULATIONS (AMENDMENT) 1991 NO. 234

STATUTORY RULES 1991 No. 234

ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE SCIENCE AND PERSONNEL

NAVAL FORCES REGULATIONS (AMENDMENT)

The Naval Forces Regulations ("the Regulations") made under the Naval Defence Act 1910 prescribe various matters relating to the organisation and administration of the Navy.

Regulations 21 and 24 of the Regulations deal with the ranks of members of the Navy, and prescribed a separate rank structure for members of the Naval Police.

Regulations 102 and 195 of the Regulations prescribe compulsory retirement ages for certain members of the Navy, and included specific provisions for Naval Police. Subregulation 102(2) provided a compulsory retirement age of 55 for Naval Police officers in the Permanent Naval Forces. Paragraph 195(a) provided a compulsory retirement age of 60 for members of the Naval Police in the Royal Australian Fleet Reserve (the Fleet Reserve).

There is no longer a requirement for Naval Police to have a rank structure separate from other members of the Navy. The Statutory Rule therefore omits the separate rank structure for the Naval Police from regulations 21 and 24, and brings the ranks of Naval Police into line with those of other members of the Navy.

The Statutory Rule also omits subregulation 102(2) which dealt with the compulsory retirement age of Naval Police officers in the Permanent Naval Forces. This will have no effect on these officers as they will now belong to the Special Duties List which has the same compulsory retirement age of 55. In addition, the Statutory Rule omits the separate compulsory retirement age for Naval Police in regulation 195. This has the effect of reducing from 60 to 55 the compulsory retirement age for Naval Police in the Fleet Reserve. These amendments do not affect voluntary retirements.

Transitional provisions ensure that Naval Police in the Fleet Reserve who have reached or are older than the new compulsory retirement age of 55 will retain their former compulsory retirement age of 60, and that those who have not yet reached the new compulsory retirement age of 55 may elect to retain their former retirement age of 60.

The transitional provisions also ensure that Naval Police receive their equivalent Navy rank title, and that time spent in a Naval Police rank will be treated as time spent in the equivalent new rank.

The Statutory Rule also makes minor drafting amendments to regulations 38 and 180A, and omits subregulation 102(3) which is an obsolete provision that no longer applies to any member of the Navy.

The Statutory Rule comes into operation on the date of gazettal.