Air Force Amendment Regulations 1999 (No. 1) 1999 No. 116
EXPLANATORY STATEMENT
STATUTORY RULES 1999 NO. 116
Issued by the Authority of the Minister for Veterans' Affairs
Air Force Act 1923
Air Force Amendment Regulations 1999 (No. 1)
The Air Force Regulations 1927 ("the Principal Regulations") made under the Air Force Act 1923, set out, inter alia, the conditions of service for members of the Air Force.
Statutory Rule 1998 No. 134 amended the Principal Regulations to replace the process whereby a person engaged to serve in the Air Force for a fixed period and then re-engaged either for a further fixed period or until attaining retiring age, with the process whereby a person enlists in the Air Force for a fixed period and then extends that period of enlistment either for further fixed period or until attaining retiring age. This Statutory Rule makes a number of amendments to the Principal Regulations as a consequence of Statutory Rule 1998 No. 134.
Subregulation 92(3) of the Principal Regulations refers to a person who, at the time of voluntarily enlisting as a member of the Air Force, engages to serve in the Air Force General Reserve or the Air Force Specialist Reserve for a period of 5 years commencing on the expiration of the period for which the airman engaged under subregulation 92(1) or reengaged under regulation 106. This Statutory Rule amends subregulation 92(3) to replace the references to engaging and re-engaging with references to enlistment.
Regulation 93A of the Principal Regulations deals with the specific circumstance of the reenlistment on an airman in the Permanent Air Force after a period of service in time of war in the Air Force Reserve. As members of the Air Force may volunteer to transfer between parts of the Air Force at any time, and if accepted the transfer is effected administratively, the provision is obsolete. This Statutory Rule omits the provision.
Regulation 108B of the Principal Regulations provided that an airman selected for special duties abroad may be required to re-engage for a period of 6 years as from the date of his embarkation. This Statutory Rule replaces the reference to re-engage with a reference to extending the airman's period of enlistment.
Subregulation 442D(1) of the Principal Regulations provided that if an airman's period of engagement or re-engagement in the Air Force Emergency Force expires during, inter alia, a time of war, then the term of his engagement or re-engagment shall be extended until the end of that time. Subregulation 442D(2) provided that such an airman shall be discharged with all convenient speed at the end of the period for which his engagement or re-engagement is deemed to be extended. This Statutory Rule amends subregulations 442D(1) and (2) to replace the references to engagement and re-engagement with references to enlistment.
Subregulation 444B(1) of the Principal Regulations provided that if the period for which an airman of the Australian Air Force Reserve is engaged or re-engaged ends during a period which the part of the Reserve to which the airman belongs is called out for continuous full time air force service, the period for which the airman has been engaged or re-engaged is extended until the end of that time. Subregulation 444B(2) provided that such an airman shall be discharged with all convenient speed at the end of the period for which his engagement or re-engagement is deemed to be extended. This Statutory Rule amends subregulations 444B(1) and (2) to replace the references to engagement and re-engagement with references to enlistment.
Schedule 1 to the Principal Regulations sets out the prescribed form of Oath and Affirmation for the purposes of subregulation 94(1) and 95(1). This Statutory Rule amends the prescribed forms to replace the reference to the period of engagement and the period of any reengagement, with a reference the period of enlistment and any extension to that period of enlistment. The amendment will make the Air Force Oath and Affirmation consistent with those of the Navy and Army.
This Statutory Rule commences on gazettal.
Overview
The Air Force Amendment Regulations 1999 (No. 1) were enacted to refine the enlistment and service conditions of members of the Australian Air Force, aligning with changes previously introduced under Statutory Rule 1998 No. 134. The 1999 amendments, authorised by the Minister for Veterans' Affairs, sought to update and streamline the regulatory framework governing the Air Force, specifically the Air Force Act 1923 and the Air Force Regulations 1927. These amendments aimed to modernise the terminology and processes associated with enlistment and service periods, thereby improving clarity and consistency across the Air Force and its reserves. The policy objective was to ensure that the legislative framework effectively supports the operational requirements of the Air Force in a rapidly evolving defence environment. The amendments introduced in this Statutory Rule take effect immediately upon gazettal, ensuring that the updated regulations are applied without delay.
Scope and Application
The Air Force Amendment Regulations 1999 (No. 1) apply to the Air Force Act 1923 and the Air Force Regulations 1927, which govern the conditions of service for members of the Air Force. These regulations primarily affect individuals who voluntarily enlist in the Air Force, including those in the Air Force General Reserve or the Air Force Specialist Reserve, as well as airmen in the Permanent Air Force, the Air Force Emergency Force, and the Australian Air Force Reserve. The regulations cover enlistment procedures and the extension of enlistment periods for members of these reserves, aligning them with the processes used in the Navy and Army. They also modify specific provisions regarding reenlistment and engagement during wartime, ensuring consistency across all branches of the Australian Defence Force. The changes made by this Statutory Rule are intended to streamline the enlistment and reenlistment processes, making them more coherent with current practices and terminology. This Statutory Rule applies nationally, as it is a Commonwealth regulation that affects all Air Force members across Australia. The amendments are effective upon gazettal and may be further extended or restricted through subordinate instruments if necessary.
Key Provisions
The Air Force Amendment Regulations 1999 (No. 1) (the "Regulations") primarily serve to amend the Air Force Regulations 1927 (the "Principal Regulations") by updating terminology and processes related to enlistment and service in the Air Force. Section 3 of the Regulations makes amendments to subregulation 92(3) to replace references to "engaging" and "re-engaging" with "enlistment." This change reflects the new process where members enlist for a fixed period and then extend their enlistment rather than re-engage for additional fixed periods. Regulation 93A is omitted as it addresses a scenario that is now obsolete, given the flexibility for members to transfer between parts of the Air Force. Regulation 108B is similarly updated to reflect the new enlistment terminology, replacing "re-engage" with "extending the airman's period of enlistment." Additionally, subregulations 442D and 444B are amended to align with these changes, ensuring consistency in the terminology used throughout the Regulations.
The Regulations impose specific obligations on members of the Air Force, including the requirement to enlist for a fixed period and the option to extend that enlistment as appropriate. The changes ensure that all references to service periods are consistent with the new enlistment process. The amendments also clarify the conditions under which service periods may be extended, such as during wartime or when members are selected for special duties abroad. These updates ensure that the processes governing service in the Air Force are clear and consistent with contemporary practices.
Failure to comply with the provisions of the Regulations may result in administrative or disciplinary action. While the Regulations do not explicitly outline specific penalties for breaches, non-compliance with enlistment and service regulations could lead to disciplinary measures under the Air Force Act 1923 or other applicable military laws. Members found to be in breach of their service obligations may face consequences such as demotion, fines, or even discharge from service, depending on the severity of the breach and the discretion of the relevant authorities. These potential consequences underscore the importance of adhering to the updated processes outlined in the Regulations.