Air Force Regulations (Amendment)

Overview

The Air Force Regulations were amended in 1983 through Statutory Rules no. 271, issued under the authority of the Minister for Defence, pursuant to section 12 of the Defence Amendment Act 1979. This legislative action was taken to repeal regulation 645D, which provided for the payment of a bounty to members of the Air Force Emergency Force. This repeal reflects the replacement of regulation 645D with Determination 0799, Bounty Payable to Members of the Emergency Reserve, which was made under section 58B of the Defence Act 1903. The intent behind these amendments was to ensure that the regulations governing the Air Force remain current and accurately reflect changes in policy and operational requirements. The changes took effect from the date Determination 0799 was made.

Scope and Application

The Air Force Regulations Amendment (Repeal of Bounty Payable to Members of the Air Force Emergency Force) Regulations 2004, issued under the authority of the Minister for Defence, addresses the repeal of Regulation 645D of the Air Force Regulations, which provided for the payment of a bounty to members of the Air Force Emergency Force. This amendment applies to members of the Australian Defence Force, specifically those in the Air Force Emergency Reserve, and encompasses the conduct and transactions related to the bounty payment as previously regulated. The regulations have a national reach within Australia, affecting all states and territories under the purview of the Commonwealth. This change is enacted to align with the Defence Act 1903, under which Determination 0799, Bounty Payable to Members of the Emergency Reserve, has been made. The new determination replaces the repealed regulation, and its application extends from the date of its issuance, as per the Defence Amendment Act 1979, which authorises interim determinations to be made by the Minister for Defence.

Key Provisions

The key provisions of these Statutory Rules (Statutory Rules no. 271 of 1983) concern the amendment of the Air Force Regulations, specifically targeting the payment of a bounty to members of the Air Force Emergency Force. Under the Defence Amendment Act 1979, section 12, the Minister for Defence has the authority to make interim determinations that can amend or repeal existing regulations. This authority is exercised in these rules, which repeal regulation 645D of the Air Force Regulations (paragraph 3(a)). This repeal is in response to the introduction of Determination 0799, Bounty Payable to Members of the Emergency Reserve, which was made under section 58B of the Defence Act 1903 (paragraph 3(b)). The effective date of this repeal is when Determination 0799 was made (paragraph 3(c)). The obligations and requirements imposed by these Statutory Rules primarily revolve around the transition from the old regulation to the new determination. The Air Force and its members must adhere to the new bounty payment provisions as outlined in Determination 0799, which includes specific criteria and conditions for eligibility and calculation of the bounty. The Air Force administration must ensure that all records and processes are updated to reflect this change, ensuring that the new determination is correctly applied in all relevant situations. Breach of the provisions set out in these Statutory Rules or non-compliance with the new determination could result in various consequences. While the specific offences, penalties, or consequences are not detailed in the explanatory statement, it is implied that any failure to adhere to the new bounty payment structure could lead to administrative or legal repercussions. Such breaches could potentially result in financial discrepancies or disputes regarding bounty payments, which might be addressed through internal review processes or legal action if necessary. The exact nature and severity of penalties would depend on the specific circumstances and the applicable laws governing Defence Act provisions.