Air Force Regulations (Amendment)

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Statutory Rules

1974  No. 76

REGULATIONS UNDER THE AIR FORCE ACT 1923-1973.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Air Force Act 1923-1973.

Dated this fifteenth day of  May, 1974.

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 Defence.

————

Amendments of the Air Force Regulations

Commencement.

1. These Regulations shall be deemed to have come into operation on 1 January 1973.

Long service leave.

2. Regulation 149 of the Air Force Regulations is amended by omitting from sub-regulation (1) the words “ Fifteen years ” and substituting the words “ Ten years ”.

Proportionate long service leave.

3. Regulation 150 of the Air Force Regulations is amended—

(a) by omitting from sub-regulation (1) the words “ Fifteen years ” and substituting the words “ Ten years ”;

(b) by omitting paragraphs (b) and (c) of sub-regulation (1) and substituting the following word and paragraph:—

“ or (b) where the period of the service of the member is not less than eight years but is less than ten years—for a period of three months.”;

 

* Notified in the Australian Government Gazette on 21 May 1974.

† Statutory Rules 1927, No. 161, as amended by Statutory Rules 1928, Nos. 52 and 109; 1929, Nos. 75 and 114; 1930, Nos. 77, 94 and 135; 1931, Nos. 3, 78 and 115; 1932, Nos. 9, 63 and 133; 1933, Nos. 16, 46, 58, 82, 89 and 117; 1934, Nos. 25, 51, 74, 81, 122 and 125; 1935, Nos. 32 and 98; 1936, No. 17; 1937, No. 21; 1938, Nos. 12, 13, 22, 48, 77, 97 and 120; 1939, Nos. 21, 64 and 142; 1940, Nos. 31, 53, 75, 114 125, 140, 220, 241 and 279; 1941, Nos. 68, 106, 137, 181 and 228; 1942, Nos. 29, 158, 232, 254, 346, 383, 440, 441, 476 and 543; 1943, Nos. 119 and 198; 1944, Nos. 34, 50, 64, 75, 146 and 153; 1945, Nos. 49, 79, 95, 105 196 and 201; 1946, Nos. 40, 111, 145 and 162; 1947, No. 22; 1948, Nos. 34, 51, 67, 86 and 152; 1949, Nos. 82, 86 and 115; 1950, No. 66; 1952, Nos. 14, 34, 49 and 86; 1954, Nos. 30 and 132; 1955, Nos. 36, 41 and 92; 1956 Nos. 19, and 43; 1958, No. 62; 1959, No. 100; 1960, No. 52; 1961, Nos. 7, 14, 28, 46, 88, 95, 126, 131 and 138; 1962, No. 24; 1963, Nos. 63, 64, 76, 91, 114, 116 and 117; 1964, Nos. 9, 13, 47, 94 and 99; 1965, Nos. 9, 10, 25, 57, 58, 77, 141, 142, 143, 153 and 166; 1966, Nos. 4, 30, 127 and 150; 1967, Nos. 11, 39, 104 and 171; 1968 Nos. 90, 98, 140 and 155; 1969, Nos. 3, 116, 117, 148 and 180; 1970, Nos. 2, 37, 117, 132 and 156; 1971, Nos. 29, 50, 78, 121, 153 and 169; 1972, Nos. 16, 28, 54, 87, 89, 91 and 144; and 1973, Nos. 96, 97, 98, 100 (reg. 32), 172, 199 200, 246 and 256. See also the Defence Force (Salaries) Regulations (Statutory Rules 1973, No. 100, as amended by Statutory Rules 1973, No. 132, 201, 203, 249, 269; and 1974, No. 71).


(c) by omitting from sub-regulation (3) the words “ fifteen years ” and substituting the words “ ten years ”;

(d) by omitting from sub-regulation (3) the words “ and the unfitness is not due to misconduct or to causes within his own control ”;

(e) by omitting sub-regulation (3a) ;

(f) by omitting from sub-regulation (3b) the words “ the next two succeeding sub-regulations ” and substituting the words “ sub-regulation (3d) ”;

(g) by omitting sub-regulation (3C) ;

(h) by omitting paragraphs (d) and (e) of sub-regulation (3d) and substituting the following word and paragraph:—

“ or (d) if he had completed not less than eight but less than ten years’ service—of three months.”;

(i) by omitting from sub-regulation (4) the words “ fifteen years ” and substituting the words “ ten years ”; and

(j) by omitting from sub-regulation (4) the words “ not due to misconduct or to causes within the control of the member ”.

Conduct of members to be taken into account.

4. Regulation 152a of the Air Force Regulations is repealed.

Meaning of “period of service” in regulations 149 and 150.

5. Regulation 152c of the Air Force Regulations is amended—

(a) by omitting from sub-regulation (2) the words “, subject to the next succeeding sub-regulation,”;

(b) by omitting sub-regulation (3) ; and

(c) by omitting from paragraph (ab) of sub-regulation (5) the words “, not being ill health due to misconduct or to causes within his own control ”.

Overview

The Statutory Rules 1974 No. 76, known as the Regulations Under the Air Force Act 1923-1973, were enacted to amend existing regulations pertaining to the Australian Defence Force. These regulations were made by the Governor-General of Australia, acting with the advice of the Executive Council, and came into operation on 1 January 1973. The primary objective of these amendments was to adjust the long service leave entitlements for members of the Air Force, specifically reducing the required service period for full long service leave from fifteen years to ten years, and adjusting the leave entitlements for those who have served between eight and ten years. This was done to reflect changes in service requirements and to provide fair compensation for members who have served for significant periods. The enacting body was the Australian Government, and the policy objective was to ensure that the leave entitlements for Defence Force members were updated and aligned with the current service standards. The changes were aimed at providing a more equitable distribution of long service leave benefits, recognising the contributions of members who have served for substantial periods, while also ensuring that the regulations remain practical and relevant to the evolving needs of the Defence Force.

Scope and Application

The Statutory Rules 1974 No. 76, made under the Air Force Act 1923-1973, primarily concern amendments to the Air Force Regulations regarding long service leave entitlements for members of the Australian Defence Force. These regulations apply to all members of the Air Force who have completed service periods as defined by the amended regulations. The changes reduce the required period of service for full long service leave from fifteen years to ten years, and introduce proportionate leave for those who have served between eight and ten years. The scope of the regulations is national, applying across all states and territories of Australia as they pertain to the Commonwealth's Defence Force. The regulations do not explicitly mention any exclusions or exemptions, but it is implied that the leave entitlements are contingent upon the member's conduct and service conditions as per the broader Defence Force regulations. The application of these rules is further extended or restricted through subordinate instruments, which may include additional Defence Force regulations and amendments.

Key Provisions

The Statutory Rules 1974 No. 76, made under the Air Force Act 1923-1973, introduce amendments to the Air Force Regulations. The main changes revolve around long service leave provisions, which are detailed in Regulations 2 and 3 (sub-regulations 149 and 150). Regulation 2 reduces the required years of service for long service leave from fifteen to ten years. Regulation 3 further amends the long service leave provisions by adjusting the duration of leave for members who have served between eight and ten years. It also modifies the conditions under which long service leave is granted, including changes to the unfitness criteria and the removal of certain sub-regulations. These Regulations impose specific obligations on members of the Air Force regarding their eligibility and entitlement to long service leave. Members now need to have completed at least ten years of service to qualify for long service leave, with a proportionate reduction in leave time for those who have served between eight and ten years. The changes also affect the conditions for granting long service leave, such as removing certain misconduct and self-inflicted health issues as disqualifying factors. Breaching these Regulations could result in various consequences, although the specific offences and penalties are not detailed in the text provided. Typically, violations of military regulations could lead to disciplinary action within the Air Force, including administrative penalties or even discharge from service. For civil or criminal penalties, the breach would depend on the nature of the violation and whether it intersects with other laws. However, the exact nature of these consequences is not specified in the document.

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