STATUTORY RULES
1972 No. 16
-–––––––––
REGULATIONS UNDER THE AIR FORCE ACT 1923-1965.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Air Force Act 1923-1965.
Dated this 1st day of February, 1972.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
(Sgd.) TOM DRAKE-BROCKMAN
Minister of State for Air.
–––––––[[[[
Amendments of the Air Force Regulations†
War service leave.
1. Regulation 129A of the Air Force Regulations is amended by omitting from sub-regulation (6.) the words “instead of being granted a period of war service leave that might have been granted to him”.
Payment in lieu of war service leave.
2. Regulation 534 of the Air Force Regulations is repealed and the following regulation inserted in its stead:—
“534.—(1.) Where a member to whom war service leave may be granted under regulation 129a of these Regulations applies to an officer authorized to grant that leave for payment in lien of a specified period of war service leave, being a period equal to or less than his war service leave credit, and the exigencies of the service do not permit the member to be absent from duty for the specified period, the officer shall authorize payment to the member of an amount equal to the amount of the pay that would be payable to him in respect of the specified period if the member were to be granted war service leave for the specified period.
“(2.) For the purposes of the last preceding sub-regulation ‘pay’ means—
(a) active pay;
(b) flying pay;
(c) flight pay;
(d) marriage allowance;
(e) provision allowance;
(f) living out allowance;
(g) uniform allowance; and
(h) the allowance payable under regulation 554 of these Regulations.
“(3.) Where—
(a) a member dies; or
* Notified in the Commonwealth Gazette on 1972.
† Statutory Rules 1927, No. 161, as amended to date. For previous amendments of the Air Force Regulations see footnote † in Statutory Rules 1971, No. 50; and see also Statutory Rules 1971, Nos. 50, 78 and 121.
23444/71–––Price 5c 10/30.11.1971
(b) the Air Board has directed, after consideration of all the circumstances, that a member should be presumed to have died on a particular date.
and the member was, on the day on which he died or is to be presumed to have died, a member to whom war service leave might have boon granted under regulation 129A of these Regulations, the Air Board may authorize payment to the member’s dependants of an amount equal to the amount that would have been payable to him if, on that day. Payment to him had been authorized under sub-regulation (1.) of this regulation in respect of a period of war service leave equal to his war service leave credit.
“(4.) An amount authorized to be paid to a member or the dependants of a member under this regulation is in addition to and not in substitution for any amount of pay or allowances that is payable under these Regulation in respect of the member’s service”.
Printed by Authority by the Government Printer of the Commonwealth of Australia
Overview
The Air Force Regulations, enacted under the Air Force Act 1923-1965, were amended in 1972 to address issues concerning the payment and administration of war service leave for members of the Australian Air Force. The regulations were made by the Governor-General, acting on the advice of the Federal Executive Council. These amendments aimed to provide clarity and financial compensation for members who were unable to take their war service leave due to service requirements, and to ensure that members or their dependants receive appropriate compensation if a member dies while being credited with war service leave. The policy objective was to streamline the leave compensation process and provide fair remuneration to affected personnel.
These statutory rules introduced a structured approach for the payment of an amount equivalent to the pay a member would have earned if they were granted leave, which applies to various allowances and is additional to any other pay or allowances the member is entitled to receive. This regulation also addressed the situation where a member dies or is presumed to have died while being credited with war service leave, ensuring their dependants receive compensation equivalent to what the member would have earned had they taken the leave.
Scope and Application
The Regulations under the Air Force Act 1923-1965, made in 1972, apply to members of the Australian Air Force, encompassing all individuals employed under the Act. The Regulations address specific provisions related to war service leave and the payment in lieu of such leave. They are designed to provide financial compensation to members who are unable to take war service leave due to service demands, and also to provide compensation to the dependants of members who die while eligible for such leave. These Regulations have a national jurisdictional reach as they are made under a Commonwealth Act. They do not specify exclusions or thresholds but rather establish conditions under which payments can be made. The Regulations extend their application through subordinate instruments, detailing specific scenarios and the financial components considered in the compensation.
Key Provisions
The Statutory Rules 1972 No. 16, made under the Air Force Act 1923-1965, introduce specific amendments to the Air Force Regulations, particularly focusing on war service leave provisions. Regulation 129A is amended by removing certain words from sub-regulation (6), which previously excluded the granting of war service leave under certain circumstances (129A(6)). Regulation 534 is repealed and replaced with a new regulation that provides for payment in lieu of war service leave under specific conditions. When a member requests payment in lieu of war service leave, and the service does not allow the member to be absent from duty, the authorized officer must grant a payment equal to the pay that would have been due if the member had been granted leave (534(1)). This payment encompasses various allowances such as active pay, flying pay, and others (534(2)). Additionally, if a member dies or is presumed to have died while eligible for war service leave, the Air Board can authorize a payment to the member's dependants equivalent to what would have been due if leave had been granted (534(3)). Notably, any such payment is supplementary to other pay or allowances due under the regulations (534(4)).
Under these regulations, certain obligations and requirements are imposed on the Air Force and its members. Firstly, officers authorized to grant leave must ensure that when a member requests payment in lieu of war service leave, they must verify the member's eligibility and the circumstances justifying the payment. The Air Board is tasked with making determinations regarding presumed deaths of members and authorizing payments to dependants accordingly. Furthermore, the regulations mandate that payments made under these provisions are supplementary to other entitlements, ensuring that members or their dependants do not lose out on other due benefits.
Breaching the obligations outlined in these regulations can result in various legal consequences. While the statutory rules themselves do not explicitly outline specific offences, penalties, or criminal consequences, non-compliance with the Air Force Regulations could potentially lead to administrative or disciplinary actions within the Air Force. For instance, failure to correctly process payments or misapplying leave provisions might result in internal disciplinary measures. In cases where the regulations are interpreted as part of broader military law, breaches could potentially lead to courts-martial or other legal repercussions as prescribed under the overarching Air Force Act 1923-1965.