Defence (Amendment) Act 2024

Amendment of section 64 of Principal Act

8. The Principal Act is amended by the substitution of the following section for section 64:

“64. (1) Subject to subsection (2) and any regulations that may be made under subsection (3), a member of the Permanent Defence Force enlisted under section 53 (in this section referred to as an ‘enlisted member’) may, after the expiration of 9 years, reckoned from the date of the enlisted member’s attestation, apply for and be re-engaged for a further period of service in the Permanent Defence Force which shall continue until the earlier of the following occurs:

(a) that enlisted member’s service makes up a total continuous period not exceeding 21 years’ service reckoned as aforesaid;

(b) that enlisted member attains the upper age limit permitted for continuance in service as prescribed in regulations made by the Minister under this Act.

(2) The re-engagement of an enlisted member under this section shall be subject to—

(a) the recommendation of the enlisted member’s commanding officer that the enlisted member concerned is suitable for re-engagement, and

(b) the approval by the prescribed military authority of the enlisted member concerned for re-engagement.

(3) The Minister may, in relation to an enlisted member who applies for re-engagement, make regulations prescribing the conditions that shall apply to the re-engagement of an enlisted member under this section including—

(a) the standard of physical fitness to be attained,

(b) the minimum medical classification code to be held,

(c) the military courses of instruction to be completed,

(d) the period of service outside the State to be completed within a prescribed period, and

(e) the standard of conduct to be adhered to.

(4) Regulations under this section may—

(a) make different provision in relation to different classes of enlisted members, and

(b) contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.”.