Air Force Regulations (Amendment)

Overview

The Interim Determination under the Defence Amendment Act 1979 was enacted in 1980 to provide temporary amendments to the Air Force Regulations, which are part of the broader Defence framework. This legislative instrument was created to address the need for immediate regulatory changes without the delay of waiting for a full parliamentary process. The Interim Determination was made by the Minister of State for Administrative Services acting on behalf of the Minister of State for Defence, highlighting the urgency and necessity of these interim measures. The primary objective of this legislation was to repeal certain regulations and modify others to better align with the evolving needs of the Defence force, particularly concerning allowances and benefits for service members and their families.

Scope and Application

This Interim Determination made under section 12 of the Defence Amendment Act 1979 applies to the Air Force Regulations, specifically addressing certain educational allowances and bounty provisions for members of the Australian Defence Force. The regulations primarily affect individuals who are members of the Permanent Air Force, their families, and those associated with the Defence Force, such as beneficiaries of educational allowances and bounty provisions. The Interim Determination has a national reach, applying across all states and territories of Australia as it pertains to Commonwealth legislation. Notably, certain regulations have been repealed, while others have been amended to expand the scope of educational allowances and bounty provisions. The changes are intended to enhance the support available to eligible members and their families. The scope of the Determination is further refined through subordinate instruments, which may include further regulations or administrative details that complement the primary legislative amendments.

Key Provisions

The Interim Determination made under section 12 of the Defence Amendment Act 1979 brings about several amendments to the Air Force Regulations, primarily focusing on education allowances and bounty regulations. Section 1 repeals Regulations 553, 553A, 553B, 553C, 556F, and 643 of the Air Force Regulations. Section 2 modifies Regulation 634 by inserting a new clause at the end of sub-regulation (2) paragraph (a), allowing education allowances for handicapped children to be claimed in any locality. Section 3 amends Regulation 636 by removing the phrase "of the Permanent Air Force" from sub-regulation (1), thereby broadening the scope of the bounty and gratuity provisions. The obligations imposed by this legislation primarily concern the application and administration of education allowances and bounty regulations within the Air Force. Under the amendments, authorities must now consider education allowances for handicapped children in any locality, not just those specified. Additionally, the bounty and gratuity regulations now apply more broadly, potentially encompassing a wider range of personnel than previously. These changes necessitate updates to administrative practices, policies, and potentially communication to affected personnel to ensure compliance with the new regulations. Breaches of the provisions set out in this Interim Determination may not explicitly detail specific offences or penalties within the text provided. However, it is important to note that non-compliance with Defence regulations generally could lead to disciplinary actions under the Defence Force Discipline Act 1982 or other applicable laws. The consequences could range from administrative penalties to more severe disciplinary measures, depending on the nature and severity of the breach. For specific penalties related to non-compliance, further reference to the Defence Force Discipline Act 1982 or other relevant legislation would be necessary. The Interim Determination itself does not specify maximum penalties, but the overarching legal framework provides a range of potential repercussions for violations.