Air Force Amendment Regulations 1998 (No. 3) 1998 No. 332
EXPLANATORY STATEMENT
STATUTORY RULES 1998 NO. 332
Issued by the Authority of the Minister for Defence
Air Force Act 1923
Air Force Amendment Regulations 1998 (No. 3)
The Air Force Regulations ("the Principal Regulations") made under the Air Force Act 1923, set out, inter alia, the conditions of service for members of the Air Force.
Regulation 134 of the Principal Regulations provided that a leave of absence granted under Determination 2608, Leave Without Pay, shall not, except where the period of the leave does not exceed 3 months, be included in the period of service of a member for the purposes of the grant of rank on retirement, or medals or decorations. It also provided that the period of leave shall be deemed not to break the continuity of service of a member.
This Statutory Rule omits regulation 134 from the Principal Regulations, as the matters covered by that regulation were administrative in nature and are more appropriately dealt with in Defence Instructions issued under section 9A of the Defence Act 1903. These instructions set out, on a tri-service basis, the relevant administrative conditions associated with service in the Australian Defence Force.
The Statutory Rule also changed the name of the Air Force Regulations to the Air Force Regulations 1927.
The Statutory Rule commences on Gazettal.
Overview
The Air Force Amendment Regulations 1998 (No. 3), enacted in 1998, were developed to refine the administrative framework governing the conditions of service for Air Force members, as set out in the Air Force Regulations under the Air Force Act 1923. This legislation was issued by the authority of the Minister for Defence and addresses the need to streamline the administrative processes related to service leave and its impact on retirement benefits and honours. Regulation 134, which previously outlined specific conditions regarding leave without pay and its implications on service continuity, was omitted as these matters are now managed through Defence Instructions issued under the Defence Act 1903. Additionally, the name of the Air Force Regulations was updated to the Air Force Regulations 1927 to reflect this legislative change. The regulations commenced upon gazette.
Scope and Application
The Air Force Amendment Regulations 1998 (No. 3) applies to members of the Australian Air Force and pertains to the conditions of their service. The primary change introduced by these regulations involves the removal of regulation 134 from the Air Force Regulations, which previously outlined specific conditions regarding leave without pay and its implications on the calculation of service period for purposes such as the grant of rank, medals, or decorations. These administrative aspects are now to be addressed through Defence Instructions issued under the Defence Act 1903, which provide a unified approach across the Australian Defence Force. The regulation also renames the Air Force Regulations to the Air Force Regulations 1927, reflecting this amendment. This Statutory Rule applies throughout the Commonwealth of Australia and is effective from the date of its gazette. The exclusion of regulation 134 signifies a shift in administrative management, streamlining processes under broader Defence Instructions rather than individual service regulations.
Key Provisions
The Air Force Amendment Regulations 1998 (No. 3) make significant changes to the Air Force Regulations, which govern various aspects of service conditions for members of the Air Force. One of the main operative sections of this amendment is the removal of Regulation 134 (section 1(1)(a)). This regulation previously dealt with the inclusion of leave without pay in the period of service for the purposes of granting rank on retirement, or medals and decorations. Specifically, it stipulated that leave without pay would not be included in the service period unless it did not exceed three months. Moreover, it ensured that such leave did not break the continuity of a member's service. With the amendment, these administrative matters are now addressed in Defence Instructions issued under section 9A of the Defence Act 1903, which provide a unified approach to service conditions across the Australian Defence Force.
The Air Force Amendment Regulations impose new obligations on the Defence Force by aligning service-related administrative matters with the broader Defence Instructions. This shift requires the Air Force to refer to these instructions for guidelines on how to handle service continuity and leave without pay, ensuring consistency across all branches of the Defence Force. The regulations also mandate that the leave without pay, as detailed in Defence Instructions, must be adhered to in a manner that maintains the integrity of service records and the recognition of service, such as rank promotions and the awarding of medals or decorations.
In terms of consequences, the Air Force Amendment Regulations do not introduce new offences or penalties. However, failure to comply with the updated Defence Instructions could potentially lead to administrative errors in service records, which might affect the granting of rank on retirement or the awarding of medals and decorations. Such errors could result in civil or administrative penalties, although these are not explicitly detailed in the Statutory Rule. It is essential for the Air Force to ensure strict adherence to the Defence Instructions to avoid any disruptions in the recognition and continuity of service for its members.