EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 187
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AIR FORCE REGULATIONS (AMENDMENT)
The Air Force Regulations (“the Regulations”), made under the Air Force Act 1923 (“the Act”), prescribe various matters relating to the administration of the Air Force.
This Statutory Rule amends various regulations providing for the appointment, transfer, rank and seniority of members of the Air Force.
Regulation 49 of the Regulations provides for the division of the Air Force into branches for the purposes of determining the duties, salary and retiring age of officers.
Paragraph 49(c) referred to the “equipment branch” and paragraph 49(e) referred to the “accountant branch”.
Regulation 1 of the Statutory Rule amends paragraph 49(c) to retitle the equipment branch as the supply branch, a name that reflects more closely the branch’s functions. Regulation 1 also omits paragraph 49(e) as the accountant branch no longer exists.
Regulation 50 of the Regulations prescribes the ranks of Air Force officers. Sub-regulation 50(4) prescribes the rights and privileges accorded to officers holding honorary rank. There was a reference in that sub-regulation to a substantive “commission”. Regulation 2 of the Statutory Rule amends sub-regulation 50(4) by substituting “appointment” for “commission”, to ensure consistency with other provisions of the Regulations.
Sections 4C and 4D of the Air Force Act 1923 include, as officers of the Air Force Emergency Force and Air Force Reserve, any officers transferred from the Permanent Air Force. Sub-regulation 51(5) of the Regulations referred to Chaplains of the Permanent Air Force being “appointed” to the Air Force Reserve or Air Force Emergency Force whereas the action concerned is a transfer, as envisaged by the Act.
Regulation 3 of the Statutory Rule amends sub-regulation 51(5) to reflect the fact that Chaplains who move from the Permanent Air Force to the Reserve or Emergency Force are transferred and not appointed.
The amendments have effect from the date of gazettal of the Statutory Rule.
Overview
The Air Force Regulations (Amendment) Statutory Rules 1984, issued under the authority of the Minister for Defence, were enacted to address discrepancies and outdated references within the Air Force Regulations made under the Air Force Act 1923. These amendments were necessary to modernise the terminology and clarify the roles and transitions of members within the Air Force, ensuring consistency and accuracy in the application of the regulations. The purpose of these amendments is to reflect current organisational structures and procedural changes, specifically by retitling the equipment branch as the supply branch, removing outdated references to the non-existent accountant branch, and aligning terminology with other provisions of the Regulations to avoid confusion and ensure clarity in the administration of Air Force personnel.
Scope and Application
The Air Force Regulations (Amendment) Statutory Rule, issued under the authority of the Minister for Defence, amends the Air Force Regulations made pursuant to the Air Force Act 1923. These Regulations apply to the administration of the Air Force, impacting its members, including officers, and their appointments, transfers, ranks, and seniority. The scope of the legislation extends to the Commonwealth level, specifically regulating the operations and structure of the Australian Air Force. The amendment to Regulation 49 retitles the equipment branch as the supply branch, reflecting its functions more accurately, and removes reference to the accountant branch, which no longer exists. Furthermore, the change to Regulation 50 ensures consistency by replacing "commission" with "appointment" in the context of honorary ranks. Regulation 51 corrects the terminology concerning the transfer of Chaplains from the Permanent Air Force to the Air Force Reserve or Air Force Emergency Force, aligning with the provisions of the Air Force Act. These changes ensure that the Regulations accurately reflect the current operational structure and terminology of the Air Force.
Key Provisions
The main operative sections of the Air Force Regulations (Amendment) Statutory Rule 1984 No. 187 introduce several significant changes to the Air Force Regulations made under the Air Force Act 1923. Regulation 1 amends paragraph 49(c) to retitle the "equipment branch" as the "supply branch" (Reg. 1(1)), a change intended to more accurately reflect the branch’s functions. This retitling aims to ensure that the name of the branch corresponds more closely with its actual duties and responsibilities. Furthermore, the same regulation omits paragraph 49(e), which previously referred to the "accountant branch," as this branch no longer exists (Reg. 1(2)). Regulation 2 modifies sub-regulation 50(4) to substitute the word "appointment" for "commission" when referring to honorary ranks, ensuring consistency with other provisions within the Regulations (Reg. 2). Lastly, Regulation 3 corrects a reference in sub-regulation 51(5) to clarify that Chaplains moving from the Permanent Air Force to the Air Force Reserve or Air Force Emergency Force are transferred, not appointed (Reg. 3).
The Act imposes several obligations and requirements on the parties or entities it governs. Firstly, the amendment to Regulation 49(c) requires that any reference to the "equipment branch" be updated to "supply branch" to reflect the branch's current functions accurately. This change necessitates updates in documentation, internal processes, and communication to ensure that all references are consistent with the new title. Secondly, the removal of paragraph 49(e) regarding the "accountant branch" indicates that this branch no longer exists, thereby eliminating any obligations or requirements specific to it. Thirdly, the amendment in Regulation 50(4) requires that any reference to "commission" in the context of honorary ranks be replaced with "appointment" to maintain consistency across the Regulations (Reg. 2). Finally, Regulation 3 mandates that any reference to the appointment of Chaplains to the Air Force Reserve or Air Force Emergency Force be corrected to reflect the transfer process as outlined in the Air Force Act 1923 (Reg. 3).
The Statutory Rule also outlines potential consequences for breaches of the amended Regulations. Although the Statutory Rule does not specify penalties for non-compliance, any failure to adhere to the new requirements could result in procedural inconsistencies and potentially affect the administration of the Air Force. For example, continued use of the term "equipment branch" instead of "supply branch" could lead to confusion in roles and responsibilities. Similarly, incorrectly referring to the appointment of Chaplains instead of their transfer could lead to administrative errors. While the Statutory Rule itself does not impose specific penalties, any resultant administrative errors or inconsistencies could lead to internal disciplinary actions or other corrective measures within the Air Force.