Statutory Rules
1975 No. 56
REGULATION UNDER THE AIR FORCE ACT 1923-1973.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulation under the Air Force Act 1923-1973.
Dated this fifth day of April, 1975.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
W. L. MORRISON
Minister of State for Science for and on behalf of the
Minister of State for Defence.
________
Amendments of the Air Force Regulations†
Higher duty allowance
Regulation 556j of the Air Force Regulations is amended—
(a) by omitting from sub-regulation (6) the words “ the next five succeeding sub-regulations ” and substituting the words “ sub-regulations (7),(7a), (7c) and (8) ”; and
(b) by omitting sub-regulations (7a) and (7b) and substituting the following sub-regulation:—
“(7a) Where—
(a) higher duty allowance is payable to a member for the last day on which he performs duty before the commencement of a period of recreation leave granted to him; and
(b) his Commanding Officer certifies that the member would, but for his absence during that period, continue to perform the duties in respect of which the higher duty allowance referred to in paragraph (a) is payable to the member for that day,
higher duty allowance is payable to the member in respect of that period.”.
* Notified in the Australian Government Gazette on 15 April 1975.
t Statutory Rules 1927, No. 161, as amended to date. For previous amendments of the Air Force Regulations see footnote † to Statutory Rules 1975, No. 3 and see also Statutory Rules 1975, Nos. 3 and 38. See also the Defence Force (Salaries) Regulations (Statutory Rules 1973, No. 100, as amended by 1973, Nos. 132, 201, 203, 249 and 269; 1974, Nos. 71, 77, 90, 92, 93 and 208; and 1975, No. 34).
Overview
The Statutory Rules 1975 No. 56 is a legislative instrument made under the Air Force Act 1923-1973. Enacted by the Governor-General, this regulation was introduced to address specific amendments to the Air Force Regulations, particularly concerning higher duty allowances. The purpose of these amendments is to provide clarity and ensure that the allowances are correctly applied to members of the Air Force who are entitled to them under certain conditions, such as when they are granted a period of recreation leave. This regulation was made with the advice of the Executive Council and on behalf of the Minister of State for Defence, reflecting the policy objective of maintaining fair and consistent application of allowances within the Air Force.
Scope and Application
The statutory instrument F1997B00655 pertains to a regulation made under the Air Force Act 1923-1973. Specifically, this regulation modifies the Air Force Regulations, affecting the provision of higher duty allowance to members of the Australian Air Force. The regulation applies to members of the Air Force who are eligible for higher duty allowance, particularly in circumstances where such allowance is payable for the last day of duty before a period of recreation leave. The amendment is concerned with the conditions under which higher duty allowance continues to be paid during the member's leave, provided their Commanding Officer certifies that the member would otherwise continue to perform their duties. This regulation has a national scope, impacting all members of the Australian Air Force, and does not specify any exclusions or thresholds. The application of the regulation can be extended or restricted through subordinate instruments, which may provide further clarification or specific circumstances for the application of higher duty allowance.
Key Provisions
The primary operative section of this legislation, Regulation 556j, modifies the existing Air Force Regulations under the Air Force Act 1923-1973. The regulation updates the criteria for paying higher duty allowance to members of the Air Force who are due for recreation leave. Specifically, sub-regulation (6) is amended to exclude certain sub-regulations from its scope, and sub-regulations (7a) and (7b) are removed and replaced with new wording in sub-regulation (7a). This new sub-regulation provides that if a member is entitled to higher duty allowance for the last day of duty before starting their recreation leave, and their Commanding Officer confirms that the member would continue to perform the duties for which the allowance is payable during the absence, then the higher duty allowance is also payable for the period of recreation leave.
This amendment imposes certain obligations on both the Air Force members and their Commanding Officers. For the members, it ensures that they are entitled to higher duty allowance for the period of their recreation leave, provided that their Commanding Officer certifies the member’s duty continuity. The Commanding Officer, on the other hand, is required to certify whether the member would continue to perform the duties for which the higher duty allowance is payable during the leave period. This certification is crucial as it directly impacts the member’s entitlement to the higher duty allowance during their leave.
Failure to comply with the provisions of this regulation could result in civil or criminal consequences, although the specific penalties are not detailed in this legislation. The regulation implies that breaches of the entitlement or certification process could lead to legal actions or disciplinary measures, which may include fines or other penalties as prescribed under the relevant acts or regulations. The exact penalties would depend on the nature of the breach and the specific provisions of the Air Force Act 1923-1973 and other applicable laws.