Air Force Regulations (Amendment)

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Statutory Rules

1979 No. 19

REGULATIONS UNDER THE AIR FORCE ACT 19231

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

 Dated this fourteenth day of February 1979.

 ZELMAN COWEN

 Governor-General

 By His Excellency’s Command,

 

 

D.J. KILLEN

Minister of State for Defence

____________

AMENDMENTS OF THE AIR FORCE REGULATIONS2

1 Leave without pay

  Regulation 134 of the Air Force Regulations is amended—

 (a) by omitting from sub-regulation (2) “Subject to sub-regulation (3), leave” and substituting “Leave”;

 (b) by inserting in sub-regulation (2) “or” after “retirement,”;

 (c) by omitting from sub-regulation (2) “, or long service leave”; and

 (d) by omitting sub-regulation (3).

2 Leave of absence for long service

  Part VA of the Air Force Regulations is repealed.

3 Regulation 538A of the Air Force Regulations is repealed and the following regulation substituted:

Payment to dependants

 “538A. (1) Where the Minister has authorized the payment of a sum of money under sub-regulation 534 (3) or 534A (4) to the dependants of a member, the sum may be paid—

 (a) if there is 1 dependant, to that dependant; or

 (b) if there are 2 or more dependants, to those dependants in such proportions as the Minister directs.

 “(2) Where the Minister has authorized the payment of a sum of money under subregulation 534 (3) or 534A (4) and a dependant to whom the whole or a part of that sum is payable is under the age of 18 years or, for any other reason, is incapable of acting on his own behalf, the sum so payable to that dependant—

 (a) may be paid on behalf of that dependant to a person approved by the Minister; or

 (b) may be vested in trustees upon such trusts for the benefit of that dependant as the Minister directs.”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 21 February 1979.

2. 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, 416, 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; 1973 Nos. 96, 97, 98, 100, 172, 199, 200, 246 and 256; 1974 Nos. 76, 79, 90, 160, 202 and 257; 1975 Nos. 3, 38 and 56; 1976 Nos. 6, 10, 60, 128, 191, 241 and 257; 1977 Nos. 5, 38, 129, 142, 203, 240, 276, 277 and 279; and 1978 Nos. 23, 61, 71, 78, 89, 162, 181, 198, 225, 237 and 238.

 

Overview

The Statutory Rules 1979 No. 19, enacted by the Governor-General in accordance with the advice of the Federal Executive Council, are regulations under the Air Force Act 1923. These regulations were created to provide detailed provisions that supplement the primary legislation, thereby ensuring the effective administration and operation of the Australian Air Force. The enactment aimed to address gaps and clarify procedures that were not explicitly detailed in the Air Force Act 1923, thereby enhancing the governance and operational framework of the Air Force. This legislative instrument reflects the policy objective of maintaining a well-regulated and efficient military force. These regulations cover various aspects, including amendments to leave provisions for Air Force personnel and the procedures for payment to dependants of deceased or incapacitated members. This amendment and substitution of certain regulations aim to streamline processes and ensure that the provisions are more responsive to the needs of the Air Force and its members. The regulations were notified in the Commonwealth of Australia Gazette on 21 February 1979, signifying their official promulgation and applicability from that date.

Scope and Application

The Air Force Regulations 1979, made under the Air Force Act 1923, apply to members of the Australian Defence Force Air Force, encompassing both officers and enlisted personnel, and their dependants. These regulations govern various aspects of military life, including leave entitlements and the payment of benefits to dependants. The regulations are applicable on a national level within Australia, extending to all states and territories. However, certain exclusions and limitations may apply based on the specific provisions of the Air Force Act 1923 and the regulations themselves. The regulations can be further extended or modified through subordinate instruments, allowing for adjustments and clarifications to meet changing needs and circumstances within the Air Force.

Key Provisions

The statutory rules under the Air Force Act 1923, made in 1979, introduce several amendments to the Air Force Regulations. Firstly, Regulation 134 has been modified by omitting and substituting certain words, effectively removing the exceptions that previously allowed for certain types of leave to be unpaid (Regulation 134(2)). Secondly, the leave of absence for long service, previously regulated under Part VA, has been repealed entirely (Regulation 2). Lastly, Regulation 538A has been repealed and replaced with a new regulation governing the payment to dependants of a deceased member. This new regulation provides that payments may be made directly to a single dependant or to multiple dependants in proportions directed by the Minister. If a dependant is under 18 or otherwise unable to act on their own behalf, the payment may be made to an approved person or vested in trustees as directed by the Minister (Regulation 538A(1)-(2)). The obligations imposed by these regulations are primarily on the Minister and the relevant dependants. The Minister is responsible for authorising payments to dependants and determining the distribution of such payments among multiple dependants. The Minister also has the authority to approve individuals to receive payments on behalf of dependants who are minors or otherwise incapacitated. Dependants, on the other hand, must comply with the directions provided by the Minister regarding the receipt and distribution of payments. Furthermore, any approved persons or trustees involved in receiving payments on behalf of minors or incapacitated dependants must adhere to the specific instructions and trusts set by the Minister. There are no explicit offences or penalties mentioned in the text of these regulations. However, non-compliance with the Minister’s directions regarding the distribution of payments or the approval of individuals to receive payments on behalf of dependants could potentially lead to administrative or legal consequences. Although specific penalties are not detailed in the text, breaches of these provisions could result in the Minister taking corrective actions, such as withholding payments or other administrative measures to ensure compliance with the regulations. Additionally, if the actions of non-compliance were to breach other legislative provisions, they could potentially lead to further civil or criminal consequences.

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