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
Overview
The Air Force Regulations (Amendment) Statutory Rule 1983 was enacted to amend the Air Force Regulations, which are made under the Air Force Act 1923 and specify the conditions of service for members of the Air Force. This amendment was issued by the authority of the Minister for Defence and aims to ensure clarity and legal certainty in the process of making certain appointments and promotions within the Air Force. It does this by expressly requiring that these appointments and promotions be made by instruments in writing, thereby removing any doubts about the power to revoke or vary such actions before they take effect, in accordance with section 33 of the Acts Interpretation Act 1901. Additionally, the amendments transfer certain routine personnel powers from the Governor-General to the Minister for Defence or the Chief of the Air Staff, aligning these changes with similar amendments made to the Army and Navy under the Statute Law (Miscellaneous Provisions) Act (No 1) 1983.
Scope and Application
The Air Force Regulations (Amendment) Statutory Rule 1983, issued under the authority of the Minister for Defence, amends the Air Force Regulations made under the Air Force Act 1923. The amendments primarily pertain to the formalisation of certain administrative actions within the Air Force, ensuring that appointments, promotions, extensions of service, and other significant personnel decisions are made via written instruments. This formalisation aligns with the broader changes implemented in the Army and Navy through the Statute Law (Miscellaneous Provisions) Act (No 1) 1983. The amendments also transfer specific administrative powers from the Governor-General to the Minister for Defence and the Chief of the Air Staff, thereby clarifying the chain of command and responsibility for routine personnel matters. These changes ensure that all significant decisions regarding Air Force personnel are documented and subject to potential revocation or variation under section 33 of the Acts Interpretation Act 1901. The amendments apply to all officers and airmen within the Air Force, reflecting a Commonwealth-wide application as per the statutory provisions under which the Air Force Regulations were enacted.
Key Provisions
The Air Force Regulations (Amendment) Statutory Rule 1983 No. 170, issued under the authority of the Minister for Defence, amends the Air Force Regulations to ensure certain appointments and promotions are made through written instruments. Section 1 of the Statutory Rule modifies Regulation 45 to require that officer appointments and promotions be made by a written instrument, thereby clarifying the process and removing any ambiguity regarding the revocation or variation of these actions (Regulation 45(1)). Section 2 alters Regulation 47 to transfer the authority to extend officer appointments from the Governor-General to the Chief of the Air Staff, and mandates that such extensions be made through written instruments (Regulation 47(1)). Section 3 updates Regulation 73 to require that the acceptance or non-acceptance of an officer’s resignation be documented in writing (Regulation 73(1)).
The obligations imposed by these amendments are clear and specific, ensuring that all appointments, promotions, resignations, and extensions of service are formally documented. These written instruments are necessary to provide legal certainty and clarity in the decision-making process. The requirement for written instruments ensures that every action is formally recorded and can be subject to review, thereby maintaining accountability and transparency within the Air Force. The amendments also ensure that any changes to the service conditions of officers and airmen are transparent and formally documented, which is crucial for maintaining the integrity and efficiency of the Air Force’s administrative processes.
The Statutory Rule does not explicitly state any offences, penalties, or consequences for breaches of the amended regulations. However, given the formal requirement for written instruments, any failure to comply with these provisions could potentially lead to legal challenges regarding the validity of appointments, promotions, resignations, or extensions. While specific penalties are not mentioned, any unauthorised actions could result in the affected individuals facing disciplinary measures or other administrative consequences within the Air Force. These could include the nullification of appointments or promotions, and in severe cases, legal action against the individuals responsible for the unauthorised actions.