Commonwealth Numbered Regulations - Explanatory Statements

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AIR FORCE AMENDMENT REGULATIONS 2001 (NO. 1) 2001 NO. 41

STATUTORY RULES 2001 No. 41

Issued by Authority of the Minister for Veterans' Affairs

Air Force Act 1923

Air Force Amendment Regulations 2001 (No. 1)

Section 9 of the Air Force Act 1923 ("the Act") provides that the Governor-General may make regulations for the purposes of the Act.

The Air Force Regulations 1927 ("the Principal Regulations"), set out, inter alia, the conditions of service for members of the Air Force.

Subregulation 88(1) of the Principal Regulations prescribes the compulsory retirement ages for officers of the Air Force. Subregulation 88(2) of the Principal Regulations enables the Minister to extend in special cases and when it is in the interest of the Service to do so the prescribed retirement age of officers in the Permanent Air Force for a period not exceeding two years (paragraph 88(2)(a)) and in other cases to an age not exceeding 60 years (paragraph 88(2)(b)).

In order to bring the power to extend the prescribed retirement age of officers in the Air Force Reserve into line with that of Navy and Army, and to provide for the continued service of selected officers beyond 60 years of age where special circumstances prevail, the Statutory Rule will amend paragraph 88(2)(b) so that the Minister may extend the retirement age for officers in the Air Force Reserve to an age not exceeding 62 years. (The power to extend the prescribed retirement age of an officer in the Permanent Air Force by two years will not be affected by this amendment).

As it is intended that the power to extend the prescribed retirement age of an officer in the Air Force Reserve is to include those that are currently serving, the proposed Regulations do not include a transitional provision.

The Statutory Rule commences upon Gazettal.