EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO. 170
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AIR FORCE REGULATIONS (AMENDMENT)
The Air Force Regulations, made under the Air Force Act 1923, prescribe conditions of service for members of the Air Force.
This Statutory Rule amends the Air Force Regulations to provide expressly that certain appointments and promotions be made by instruments in writing. These amendments would remove doubts about the power to revoke or vary such actions (before they take effect) in reliance on section 33 of the Acts Interpretation Act 1901 which authorizes the revocation, variation etc of written instruments.
The Statutory Rule also transfers some powers relating to routine personnel matters from the Governor-General to the Minister for Defence or the Chief of the Air Staff.
Both classes of amendments correspond to amendments in relation to the Army and the Navy made to the Defence Act 1903 and the Naval Defence Act 1910 by the Statute Law (Miscellaneous Provisions) Act (No 1) 1983.
Regulation 1 of the Statutory Rule amends Regulation 45 to provide that appointments and promotions of officers be made by instrument in writing.
Regulation 2 of the Statutory Rule amends Regulation 47 to transfer, from the Governor-General to the Chief of the Air Staff, the power to extend appointments of officers and to provide that such extensions shall be effected by instruments in writing.
Regulation 3 of the Statutory Rule amends Regulation 73 to provide that the acceptance or non-acceptance of an officer’s resignation shall be effected by instrument in writing.
Regulation 4 of the Statutory Rule substitutes a new Regulation 86 to transfer, from the Governor-General to the Chief of the Air Staff, the power to place the names of officers on a Retired List, and to provide that such placement shall be effected by instrument in writing.
Regulation 5 of the Statutory Rule amends Regulation 88 to transfer, from the Governor-General to the Minister, the power to extend the age of retirement of officers, and to provide that such extensions shall be effected by instruments in writing.
Regulation 6 of the Statutory Rule amends Regulation 88A to transfer, from the Governor-General to the Minister, the power to extend the period of service of an officer who holds the rank of Principal Air Chaplain, and to provide that such an extension shall be effected by instrument in writing.
Regulation 7 of the Statutory Rule amends Regulation 88B to transfer, from the Governor-General to the Chief of the Air Staff, the power to grant air force title to an officer whose name is placed on a Retired List.
Regulation 8 of the Statutory Rule amends Regulation 106 to provide that the re-engagement of airmen shall be effected by instrument in writing.
Regulation 9 of the Statutory Rule amends Regulation 118 to transfer, from the Governor-General to the Minister, the power to extend the age of retirement for an airman, and to provide that such an extension shall be effected by instrument in writing.
The amendments have effect from the date of gazettal
of the Statutory Rule.