Statutory Rules
1973 No. 199
REGULATIONS UNDER THE AIR FORCE ACT 1923-1965.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Air Force Act 1923-1965.
Dated this third day of October, 1973.
PAUL HASLUCK
Governor-General.
By His Excellency’s Command,
R. BISHOP
Minister of State for Repatriation for and on behalf of the Minister of State for Air.
Amendments of the Air Force Regulations†
Parts.
1. Regulation 2 of the Air Force Regulations is amended by omitting the words—
“Division 14—Funeral Expenses—Regulations 666-667”.
Rata of travelling allowance.
2. Regulation 578 of the Air Force Regulations is amended by omitting the table in sub-regulation (1) and substituting the following table:—
Rank | Rate per day for residence in a Capital City | Rate per day for residence in a place other than a Capital City |
| $ | $ |
Air Vice Marshal or Air Commodore....................... | 28.00 | 20.00 |
Any lower rank..................................... | 19.65 | 14.75 |
*Notified in the Australian Government Gazette on 11 October 1973.
†Statutory Rules 1927, No. 161, as amended to date. For previous amendments of the Air Force Regulations see footnote † to Statutory Rules 1973, No. 96, and see also Statutory Rules 1973, Nos. 96, 97, 98, 100 (r.32) and 172. See also the Defence Force (Salaries) Regulations (Statutory Rules 1973, No. 100, as amended by Statutory Rules 1973, No. 132).
Reduction of rate when subsistence or quarters are provided.
3. Regulation 590 of the Air Force Regulations is amended by omitting the table in sub-regulation (8) and substituting the following table:—
Rank | Rate per day |
| $ |
Air Vice Marshal or Air Commodore................................... | 2.70 |
Any lower rank.................................................. | 2.40 |
Fare warrant.
4. Regulation 598b of the Air Force Regulations is repealed.
Reimbursement of cost of travel.
5. Regulation 600 of the Air Force Regulations is amended by omitting the words “under these Regulations”.
Repeal of regulations 601, 602 and 603.
6. Regulations 601, 602 and 603 of the Air Force Regulations are repealed.
Use of hired, private or Commonwealth conveyances on journey.
7. Regulation 605 of the Air Force Regulations is amended—
(a) by omitting from sub-regulation (1) the words “travels on a journey in Australia for which a fare warrant may be issued under these Regulations” and substituting the words “is entitled to travel in Australia at the expense of the Commonwealth”;
(b) by omitting from sub-regulation (2) the words “travels on a journey in Australia for which a fare warrant may be issued under these Regulations” and substituting the words “is entitled to travel on a journey in Australia at the expense of the Commonwealth”; and
(c) by omitting from sub-regulation (3) the words “, travelling on a journey in Australia for which a fare warrant may be issued under regulation 599,” and substituting the words “entitled to travel on a journey in Australia at the expense of the Commonwealth”.
Removal of vehicles at Commonwealth expense.
8. Regulation 609 of the Air Force Regulations is repealed.
District allowance.
9. Regulation 614 of the Air Force Regulations is amended by omitting from sub-regulation (9) the words “or any authority of the Commonwealth”.
Allowance in respect of secondary scholarship lost on reposting.
10. After regulation 633a of the Air Force Regulations the following regulation is inserted:—
“633b. (1) Subject to sub-regulation (4), where—
(a) a child of a member was the holder of a scholarship tenable only by a child receiving education at a particular school, being a school in the locality in which the member was serving; and
(b) the child ceased to hold the scholarship because the family of the married member was removed at public expense under regulation 608 to another locality and the member arranged for the child to receive full-time education at a school other than a school in the first-mentioned locality,
an allowance is payable to the member under this regulation in respect of the education of the child.
“(2) The allowance under this regulation in relation to the education of a child is payable for the period during which the child receives, otherwise than as the holder of the scholarship, education of a kind that the child would have received under the scholarship if the child had continued to attend the school at which the scholarship was tenable.
“(3) There is payable to a member, by way of allowance under this regulation in relation to the education of his child at a school during a school year or a part of a school year—
(a) in respect of the fees payable by him for the education of his child at the school—
(i) an amount equal to the sum of the fees so payable in respect of that school year or that part of that school year; or
(ii) an amount equal to the fees, or the part of the fees, that the member would have been relieved of paying if the child had continued to hold the scholarship,
whichever is the less; and
(b) if the scholarship provided for the payment to the member of an amount in respect of text books for use by the child—
(i) an amount equal to the sum of the amounts expended by him in the school year or the part of the school year for the purchase or hire of text books for use by the child; or
(ii) an amount equal to the amount that would have been paid under the scholarship for the purchase or hire of text books for use by the child during the school year or the part of the school year,
whichever is the less.
“(4) A member in receipt of education allowance under regulation 634 in relation to the education of his child at a school during a school year or a part of a school year is not entitled to be paid an allowance under this regulation in respect of the education of his child during that school year or that part of that school year.
“(5) In this regulation—
(a) ‘child’ has the same meaning as in regulation 634; and
(b) a reference to a scholarship shall be read as including a reference to a bursary.”.
Education allowance.
11. Regulation 634 of the Air Force Regulations is amended—
(a) by omitting sub-regulation (2) and substituting the following sub-regulations:—
“(2) Subject to the succeeding sub-regulations of this regulation where—
(a) the family of a married member has been removed at public expense under regulation 608 and the member has, as a result of that removal and in order to avoid serious interference with the education of the child, arranged for the child to receive full-time education at a recognized secondary school in the locality from which the family was so removed;
(b) a married member has received notice that he is to be reposted and the conditions specified in either of sub-regulations (2a) or (2b) have been fulfilled in relation to him; or
(c) a married member and his family are located at a place where secondary education is not available for a child of a member, or is not available for the child at a level appropriate to the child, and the member has, as a result of the fact that secondary education is not so available, arranged for his child to receive full-time education at a recognized secondary school in another locality,
an allowance, called ‘education allowance’, is payable to the member in respect of the education of the child at the secondary school subject to such conditions and for such period as the Air Board, by a determination of general application, determines.
“(2a) The conditions specified in this sub-regulation for the purpose of paragraph (b) of sub-regulation (2) in relation to a married member are—
(a) that the family of the member will, upon his having been reposted, be entitled to be removed at public expense to a locality in a State other than the State in which they are ordinarily resident on the relevant day; and
(b) that the member has arranged for his child to receive full-time education—
(i) at a recognized secondary school in the locality in which the member’s family intends to reside upon his having been reposted, being a locality in a State other than a State in which his family is ordinarily resident on the relevant day and to which his family is entitled to be removed at public expense upon his having been reposted; or
(ii) at a recognized secondary school in the State in which his family is ordinarily resident on the relevant day, not being the school at which the child is receiving full-time education on the relevant day.
“(2b) The conditions specified in this sub-regulation for the purposes of paragraph (b) of sub-regulation (2) in relation to a married member are—
(a) that the member’s family intends to reside, upon his having been reposted, in a locality in the State in which his family is ordinarily resident on the relevant day, being a locality other than the locality in which his family is ordinarily resident on the relevant day and to which his family is entitled to be removed at public expense upon his having been reposted; and
(b) that the member has arranged for his child to receive full-time education at a recognized secondary school in the locality to which his family intends to reside upon his having been reposted.
“(2c) For the purposes of sub-regulations (2a) and (2b)—
(a) the Australian Capital Territory shall be deemed to form part of the State of New South Wales;
(b) the Northern Territory of Australia shall be deemed to form part of the State of South Australia; and
(c) a reference to the relevant day, in relation to a married member, shall be read as a reference to the day on which the member received notice that he was to be reposted.
“(2d) A condition shall not be included in a determination made by the Air Board for the purpose of sub-regulation (2) unless it has the effect of restricting payment of education allowance in relation to a child of a married member to cases—
(a) where the child was residing with the family of the member—
(i) before the removal of the family under regulation 608; or
(ii) if secondary education for the child was not available at the place where his family were living before that removal—before the child moved to another place to receive secondary education; and
(b) where serious interference would be caused to the education of the member’s child if the child were to commence or continue secondary education in the locality in which the family of the member is residing.
“(2e) A determination made by the Air Board for the purposes of sub-regulation (2) shall not have the effect of restricting the period in respect of which education allowance may be paid to a married member to a period other than—
(a) the period in respect of which serious interference with the education of the member’s child would be caused if the child were required to commence or continue secondary education in the locality in which the family of the member is residing;
(b) a reasonable period before the family of the member has been removed at public expense under regulation 608 to the locality in which they are residing or, where secondary education is not available for the child or is not available at a level appropriate to the child, in another locality; and
(c) a reasonable period after the member ceases to serve in the locality in which he is serving or after the family of the member is so removed to another locality, whichever first occurs.
“(2f) Where the family of a married member consists only of one child, sub-regulations (2) to (2e) (inclusive) apply in relation to the member as if—
(a) references to the removal of the family of the member at public expense under regulation 608 were read as references to the removal of the member from one locality to another locality at public expense upon his having been reposted; and
(b) references to the family of the member were read as references to the member.”;
(b) by omitting from paragraph (a) of sub-regulation (3) the words “One thousand four hundred and forty-five dollars” and substituting the words “One thousand five hundred and sixty dollars”;
(c) by omitting from paragraphs (b) and (c) of sub-regulation (3) the words “Two hundred and twenty-six dollars sixty-six cents” and substituting the words “Two hundred and fifty dollars”; and
(d) by omitting from sub-regulation (3a) the words “One thousand four hundred and forty-five dollars” and substituting the words “One thousand five hundred and sixty dollars”.
Allowances and other benefits.
12. Regulation 647 of the Air Force Regulations is amended by inserting after sub-regulation (1) the following sub-regulation:—
“(1a) Regulation 608 applies to and in relation to continuous full-time service of a member of the Citizen Air Force, being service that the member has volunteered to render, as if he were a member of the Permanent Air Force.”.
Funeral expenses.
13. Division 14 of Part XI of the Air Force Regulations is repealed.
Application of regulations 2 and 3.
14. Travelling allowance is payable in accordance with regulations 578 and 590 of the Air Force Regulations as amended by these Regulations at the rates specified in those regulations as so amended in respect of travel on or after 2nd April, 1973.
Educational allowance—application.
15. (1) Education allowance is payable to a member in accordance with regulation 634 of the Air Force Regulations as amended by paragraph (a) of regulation 11 of these Regulations in respect of his service on and after 1st January, 1973.
(2) Education allowance is payable to a member in accordance with regulation 634 of the Air Force Regulations as amended by paragraphs (b), (c) and (d) of regulation 11 of these Regulations in respect of his service on and after 1st January, 1972.