Air Force Regulations (Amendment)

Overview

The Statutory Rules 1984 No. 447, issued under the authority of the Minister for Defence, amend the Air Force Regulations to address the redundancy caused by the introduction of Determination 3601, Travelling Allowance, under section 58B of the Defence Act 1903. Enacted by the Parliament, the Defence Amendment Act 1979 empowers the Minister to make interim determinations that amend or repeal existing regulations, thereby streamlining the legislative process. The policy objective of these amendments is to ensure that the regulations remain current and do not include provisions that are superseded by new determinations, thus maintaining the efficiency and relevance of the Air Force Regulations.

Scope and Application

The Air Force Regulations, as amended by these Statutory Rules, pertain to members of the Air Force Emergency Force and the Australian Air Force Reserve, specifically addressing the payment of allowances for those who undertake overseas duty. This legislation refines the allowance provisions by eliminating references to the short-term duty travelling allowance, which is now governed by Determination 3601, Travelling Allowance, under the Defence Act 1903. These amendments reflect a shift in how certain allowances are administered, ensuring alignment with updated Defence determinations. The jurisdictional scope of these regulations is inherently federal, given the nature of Defence and the statutory framework under which these amendments are made. The changes take effect from the date of signature of Determination 3601, marking a streamlined approach to allowance disbursement for eligible Air Force personnel.

Key Provisions

The key operative sections of the Statutory Rules 1984 No. 447 are sections 1 and 2, which amend the Air Force Regulations 645A and 647. Section 1 of the Rules removes the reference to the short term duty travelling allowance, which is now governed by Determination 3601 under the Defence Act 1903. This amendment is intended to streamline the regulations and ensure that they are consistent with the new allowance structure. Section 2 specifies that these changes take effect from the date of signature of Determination 3601, ensuring that the regulations are updated in alignment with the new allowance provisions. The Air Force Regulations, as amended by these Statutory Rules, impose specific obligations on the parties involved, namely the members of the Air Force Emergency Force and the Australian Air Force Reserve. These members are now required to comply with the provisions of Determination 3601 for any travelling allowance they receive when proceeding overseas on duty. This shift in regulation necessitates that members familiarise themselves with the new allowance structure and ensure their claims and entitlements are in accordance with the updated provisions. The Australian government, through the Minister for Defence, also has an obligation to ensure that these changes are effectively communicated to all relevant parties and that the transition is managed smoothly. Breach of the provisions within the amended regulations can lead to various consequences. Firstly, members who fail to comply with the new requirements for claiming allowances may face administrative penalties, including the withholding of payments or the need to repay any incorrectly claimed allowances. Secondly, non-compliance with the Defence Act 1903, including the provisions of Determination 3601, could lead to more severe civil or criminal consequences, depending on the nature and extent of the breach. The Defence Act itself outlines various offences, with potential penalties including fines and, in some cases, imprisonment. For instance, under section 58B of the Defence Act 1903, unauthorised claims for allowances can result in fines of up to $16,500 for individuals and higher for corporations, alongside potential imprisonment terms. These measures ensure that compliance with defence-related financial provisions is strictly enforced.