EXPLANATORY STATEMENT

 

 

Select Legislative Instrument 2007 No. 300

 

Issued by the authority of the Minister for Defence

 

Defence Act 1903

 

Defence (Personnel) Amendment Regulations 2007 ( No. 2)

 

Subsection 124(1) of the Defence Act 1903 (the Act) provides, in part, that the Governor-General may make regulations not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for securing the good government of the Defence Force, or for carrying out or giving effect to the Act. The Defence (Personnel) Regulations 2002, (the Principal Regulations), made under the Act provide for, among other things, the enlistment, appointment, promotion, reduction in rank, retirement, transfer and discharge of members of the Defence Force.

 

The Australian Defence Force Gap Year (ADFGY) has been introduced to provide an opportunity for young adults to experience military training and lifestyle in a program for up to 12 months. The program is open to persons between 17 and 24 years of age who have completed year 12 or equivalent education, within the two years prior to their application to join it.

 

While most of the program can be handled under existing provisions, an amendment is required to regulation 64 of the Principal Regulations, which currently provides for the automatic transfer of a member to the Reserves upon the completion of a period of service. The Regulations amend regulation 64 to provide that members of ADFGY are not automatically transferred to the Reserves at the completion of their period of service unless they either opt to continue in fulltime service in the ADF or transfer to the Reserves.

 

The proposed Regulations would be a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.

 

There has been no consultation in the making of this instrument as it relates to the management of the Australian Defence Force

 

 

 

 

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