Air Force Regulations (Amendment) 1997 No. 15
EXPLANATORY STATEMENT
STATUTORY RULES 1997 NO. 15
Issued by the Authority of the Minister for Defence Industry, Science and Personnel
Air Force Act 1923
Air Force Regulations (Amendment)
The Air Force Regulations ("the Principal Regulations"), made under the Act, set out, inter alia, the conditions of service for members of the Air Force. Regulation 88 of the Principal Regulations prescribes the age at which members are compulsorily retired.
For officers of the ranks of Flight Lieutenant, Flying Officer, Pilot Officer and Officer Cadet of the General List and General Duties Branches the compulsory retirement age was 45. This Statutory Rule amends regulation 88 increases to 55 the compulsory retirement age for those officers. This amendment standardises the compulsory retirement age for all Air Force Officers below the rank of Air Vice-Marshal. This also aligns the Air Force provisions with those for the Army and Navy.
The new retirement age applies to all officers of the affected ranks who are appointed after the commencement of the amendment. A transitional provision enables serving officers in those ranks to adopt the new retirement age of 55, by writing to the Chief of the Air Staff within 6 months after the amendment takes effect. Officers who do not make an election within the prescribed period retain the existing compulsory retirement age of 45 until promoted beyond the rank of Flight Lieutenant.
The Statutory Rule also makes a number of technical amendments to the Principal Regulations by omitting provisions which are redundant as they refer to expressions which no longer exist or which have been replaced by consolidated provisions. Details of these amendments are contained in the Attachment to this Statement.
The Statutory Rule comes into operation on the date of gazettal.
ATTACHMENT
DETAILS OF TECHNICAL AMENDMENTS TO THE AIR FORCE REGULATIONS
Subregulation 4(3) incorporated definitions from the former Defence Force (Salaries) Regulations. As the Defence Force (Salaries) Regulations have been repealed, subregulation 4(3) is meaningless. The Statutory Rule omits the provision.
Subregulation 4(8) referred to expressions from the former Defence Force (Salaries) Regulations and linked their use in the Principal Regulations to members of the Air Force Reserve. As the Defence Force (Salaries) Regulations have been repealed, subregulation 4(8) is meaningless. The Statutory Rule omits the provision.
As the majority of financial conditions of service for members of the Defence Force are dealt with by Determinations made under section 58B of the Defence Act 1903, and the few remaining financial provisions relating to members of the Air Force have been transferred from the Air Force Regulations to the Defence Force Regulations, the Statutory Rule does not replace the omitted definitions.
Regulation 443B defined the "prescribed authority" for the purposes of subsections 4J(3) and (4) of the Air Force Act. As the expression "prescribed authority" no longer appears in those subsections (it having been replaced by reference to the Chief of the Air Staff in 1987), regulation 443B is redundant. The Statutory Rule omits the provision.
Regulation 443E defined the prescribed authority for the purposes of section 50B of the Defence Act. As section 50B was repealed in 1987, regulation 443E is redundant. The Statutory Rule omits the provision.
Regulation 468 empowered the Chief of the Air Staff to recommend the termination of the appointment of an officer of the Air Force Reserve for specified reasons. This recommendation was formerly made to the Governor-General, to invoke the power of the Governor-General under regulation 72. As regulation 72 has been repealed and the grounds for terminating all officers' appointments are now dealt with by regulation 81, regulation 468 of the Principal Regulations is meaningless. The Statutory Rule omits the provision.
Overview
The Air Force Regulations (Amendment) 1997 No. 15 was enacted to address the issue of differing compulsory retirement ages for Air Force officers below the rank of Air Vice-Marshal. Prior to this amendment, the compulsory retirement age for certain officers was 45, while the same age for Army and Navy officers was 55. This inconsistency was rectified through this Statutory Rule which aligns the compulsory retirement age for all Air Force officers below the rank of Air Vice-Marshal with that of the Army and Navy. The policy objective of this amendment was to standardise the retirement age for Air Force officers, ensuring uniformity across the Defence Force.
This Statutory Rule was issued by the Authority of the Minister for Defence Industry, Science and Personnel, and it amends the Air Force Regulations, which were made under the Air Force Act 1923. The amendment came into operation on the date of gazettal, and it includes a transitional provision that allows serving officers to adopt the new retirement age by writing to the Chief of the Air Staff within six months of the amendment taking effect. Additionally, the Statutory Rule includes a number of technical amendments to the Principal Regulations by omitting provisions that are redundant, such as those referring to repealed regulations or expressions that no longer exist.
Scope and Application
The Air Force Regulations (Amendment) 1997 No. 15 amends the Air Force Regulations made under the Air Force Act 1923, affecting the conditions of service for members of the Air Force. Specifically, the amendment revises the compulsory retirement age for certain ranks of officers, increasing it from 45 to 55, thereby standardising the retirement age for Air Force Officers below the rank of Air Vice-Marshal and aligning it with the Army and Navy. This change applies to officers appointed after the amendment's commencement and includes a transitional provision allowing existing officers in affected ranks to elect to adopt the new retirement age by notifying the Chief of the Air Staff within six months of the amendment's effect. Officers who do not make such an election will retain the previous compulsory retirement age of 45 until promoted beyond the rank of Flight Lieutenant. In addition to these substantive changes, the Statutory Rule also makes several technical amendments to the Principal Regulations by omitting redundant provisions that refer to repealed regulations or expressions no longer used in the Air Force Act or other related legislation. These changes ensure the regulations remain current and relevant by eliminating obsolete or superseded references. The Statutory Rule comes into operation on the date of gazettal.
Key Provisions
The Air Force Regulations (Amendment) 1997 No. 15 introduces several significant changes to the Air Force Regulations, which were originally made under the Air Force Act 1923. Regulation 88 of the Principal Regulations, which sets the compulsory retirement age for Air Force officers, has been amended to increase the retirement age from 45 to 55 for certain ranks. This change applies to officers of the ranks of Flight Lieutenant, Flying Officer, Pilot Officer, and Officer Cadet in the General List and General Duties Branches. By aligning the compulsory retirement age with those of the Army and Navy, the amendment aims to standardise the retirement age for all Air Force officers below the rank of Air Vice-Marshal. This amendment is applicable to officers appointed after the commencement of the amendment, and a transitional provision allows serving officers to adopt the new retirement age by writing to the Chief of the Air Staff within six months of the amendment taking effect. Officers who do not make this election within the specified period will retain the existing compulsory retirement age of 45 until they are promoted beyond the rank of Flight Lieutenant.
The Air Force Regulations (Amendment) also includes several technical amendments to the Principal Regulations. These amendments primarily involve the removal of redundant provisions that refer to repealed or replaced regulations. For example, subregulation 4(3) and 4(8) of the Principal Regulations, which incorporated definitions from the now-repealed Defence Force (Salaries) Regulations, have been omitted as they are no longer meaningful. Similarly, regulation 443B, which defined the "prescribed authority" for certain subsections of the Air Force Act, has been omitted because the expression "prescribed authority" no longer appears in those subsections. Regulation 468, which empowered the Chief of the Air Staff to recommend the termination of the appointment of an officer of the Air Force Reserve, has also been omitted because it refers to repealed provisions. These technical amendments ensure that the Principal Regulations are up-to-date and free of redundant or meaningless references.
The Air Force Regulations (Amendment) includes provisions that outline the obligations and requirements imposed on Air Force officers. Serving officers in the ranks of Flight Lieutenant, Flying Officer, Pilot Officer, and Officer Cadet of the General List and General Duties Branches have the opportunity to adopt the new compulsory retirement age of 55. This can be achieved by writing to the Chief of the Air Staff within six months of the amendment coming into effect. Failure to make this election within the specified period results in the retention of the existing compulsory retirement age of 45 until the officer is promoted beyond the rank of Flight Lieutenant. Additionally, the amendment requires the Chief of the Air Staff to remove any redundant provisions from the Principal Regulations, ensuring that the regulations are streamlined and reflect current legal requirements.
The Statutory Rule outlines potential consequences for non-compliance with the amended regulations. While the Explanatory Statement does not explicitly mention penalties for failing to adopt the new retirement age within the specified period, it is implied that officers who do not make the election will continue to be governed by the existing compulsory retirement age of 45 until they are promoted beyond the rank of Flight Lieutenant. Furthermore, the removal of redundant provisions from the Principal Regulations is mandatory, and failure to comply with this requirement could lead to confusion and potential legal challenges. The Statutory Rule comes into operation on the date of gazettal, and all officers and the Chief of the Air Staff must adhere to the new requirements and obligations as outlined in the amendment.