Air Force Regulations (Amendment)

Overview

The Air Force Regulations Amendment (Allowances) Determination 2004, issued under the authority of the Minister for Defence, was enacted to address the need for updating and replacing outdated provisions within the Air Force Regulations regarding the payment of allowances to Air Force members serving overseas. This interim determination was made pursuant to section 12 of the Defence Amendment Act 1979, which allows the Minister to amend or repeal regulations temporarily. The existing Division 10 of Part XI, which governed the payment of such allowances, has been repealed and superseded by various determinations made under section 58B of the Defence Act 1903. The amendments took effect on the date Determination 3715, which pertains to the Overseas Living In Allowance, was issued under the Defence Act 1903. The objective of this amendment is to streamline and modernise the regulatory framework governing allowances for Air Force members deployed overseas, ensuring that it aligns with current legislative provisions and operational requirements.

Scope and Application

The Air Force Regulations Amendment (Allowances) Statutory Rules 1984 No. 455, issued under the authority of the Minister for Defence, constitutes a legislative adjustment specifically targeting the payment of allowances to members of the Air Force serving overseas. The scope of this amendment applies to all individuals who are members of the Air Force and are deployed overseas, ensuring they are covered under the new regulatory framework established by the Defence Act 1903. The amendment effectively repeals the previous Division 10 of Part XI of the Air Force Regulations, which previously governed the allowances for such members, and replaces it with various determinations made under section 58B of the Defence Act 1903. The jurisdiction of this amendment is limited to the Commonwealth, as it pertains to the Defence Force and its regulations. The amendment comes into effect on the date when Determination 3715, concerning the Overseas Living In Allowance, is made under section 58B of the Defence Act 1903, thus ensuring a smooth transition and implementation of the new allowances structure.

Key Provisions

The primary operative sections of the legislation (Section 12 of the Defence Amendment Act 1979 and Division 10 of Part XI of the Air Force Regulations) pertain to the amendment or repeal of existing regulations concerning allowances for Air Force members serving overseas. Specifically, Section 12 empowers the Minister to make interim determinations that amend or repeal regulations, while Division 10 of Part XI of the Air Force Regulations originally governed the payment of such allowances. The Interim Determination repeals Division 10 and references its replacement by various determinations made under section 58B of the Defence Act 1903. The repeal takes effect on the date Determination 3715, "Overseas Living In Allowance," is made under section 58B. The Act imposes several obligations and requirements on the parties and entities it governs. Firstly, the Minister or the Minister's delegate is tasked with determining the allowances for Air Force members serving overseas, as outlined in the repealed Division 10 of Part XI of the Air Force Regulations. Additionally, the Interim Determination requires that the new allowances be established through determinations made under section 58B of the Defence Act 1903. The Minister must ensure that these new determinations are effectively implemented and communicated to all relevant personnel. The legislation also outlines the consequences for non-compliance with its provisions. While the specific offences and penalties are not detailed in the explanatory statement, it is clear that any breaches of the regulations concerning allowances for Air Force members serving overseas could lead to civil or criminal penalties. Typically, breaches of defence-related regulations could result in fines, imprisonment, or other legal repercussions, depending on the severity and nature of the breach. The exact penalties would be determined in accordance with the broader legal framework governing the Defence Act 1903 and related statutes. In summary, the main provisions of this legislation involve the repeal of existing regulations concerning allowances for Air Force members serving overseas and the establishment of new determinations under section 58B of the Defence Act 1903. The Minister or the Minister’s delegate is responsible for ensuring these new allowances are effectively determined and implemented. Failure to comply with the new regulations could result in civil or criminal penalties, although the specifics of these penalties are not detailed in the explanatory statement provided.