Air Force Regulations (Amendment)

Overview

Statutory Rules 1980 No. 40, issued under the Defence Amendment Act 1979, represents an interim measure to address the need for updated regulations concerning allowances for Defence Force personnel. This legislative instrument was enacted to provide a temporary solution until a more comprehensive determination could be established. The Minister of State for Administrative Services, acting on behalf of the Minister of State for Defence, issued this determination to ensure continuity in the administration of allowances. The primary policy objective of this instrument was to align the Air Force Regulations with current Defence allowances, ensuring that personnel are compensated appropriately and efficiently. This interim determination specifically modifies Regulation 556F of the Air Force Regulations, ensuring that it does not conflict with the existing Determination 0108, Parachutist Allowance under the Defence Act 1903. The statutory rules aim to streamline the allowances process until a permanent resolution is implemented.

Scope and Application

The Interim Determination made under section 12 of the Defence Amendment Act 1979, issued on 7 March 1980 by the Minister of State for Administrative Services on behalf of the Minister of State for Defence, pertains to the modification of Regulation 556F of the Air Force Regulations. This particular amendment renders the regulation ineffective during the period when Determination 0108, Parachutist Allowance, made under section 58B of the Defence Act 1903, is in effect. This interim measure highlights the ongoing administrative adjustments in defence regulations, aimed at ensuring consistency and relevance in allowances and provisions for military personnel. The regulation’s ineffectiveness during the force of the aforementioned determination suggests a direct linkage between legislative amendments and the practical application of allowances within the defence sector.

Key Provisions

The main operative section of this Interim Determination under the Defence Amendment Act 1979, is the amendment to Regulation 556F of the Air Force Regulations, which introduces a new sub-regulation (8) (subsection (8)). This new sub-regulation effectively renders Regulation 556F inoperative while Determination 0108, Parachutist Allowance made under section 58B of the Defence Act 1903, is in force. This means that the specific allowance for parachutists as outlined in the Air Force Regulations will not apply if the determination related to the parachutist allowance is currently active. The Act imposes specific obligations on the entities it governs, namely the Air Force and the relevant Defence personnel. It mandates that the Air Force Regulations must not provide for a parachutist's allowance while Determination 0108 is in force. This requirement ensures that there is no overlap or conflict between the two sets of regulations concerning the allowance for parachutists. The entities must ensure that the active determination takes precedence over the relevant regulation. Breaches of this Interim Determination or non-compliance with the outlined regulations may lead to civil or administrative penalties, though specific penalties are not detailed in the text. It is implied that the enforcement of such compliance would be managed through the Defence Act 1903 and related administrative protocols. The overarching objective is to maintain clear and effective governance of allowances and benefits within the Defence framework, ensuring that regulations do not conflict with active determinations.