Statutory Rules
1978 No. 238
REGULATIONS UNDER THE AIR FORCE ACT 1923*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Air Force Act 1923.
Dated this twenty-third day of November 1978.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
Minister of State for Defence
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AMENDMENTS OF THE AIR FORCE REGULATIONS†
Commencement, calculation and cessation of salary
1. Regulation 530 of the Air Force Regulations is amended by omitting sub-regulation (2).
Salary of Corporals, Leading Aircraftmen, Aircraftmen and Aircraftmen (Recruit)
2. Regulation 549 of the Air Force Regulations is amended—
(a) by omitting from sub-regulation (5) “ or Part I of Schedule 8 ”; and
(b) by omitting from that sub-regulation “ those Schedules ” and substituting “ that Schedule ”.
Salary of Warrant Officers, Flight Sergeants and Sergeants
3. Regulation 549a of the Air Force Regulations is amended by omitting from sub-regulation (16) the definition of “ prescribed table ” and substituting the following definition:
“ ‘ prescribed table ’ means Part II or Part III. of Schedule 7 to the Defence Force (Salaries) Regulations.”.
* Notified in the Commonwealth of Australia Gazette on 30 November 1978.
† Statutory Rules 1927, No. 161 as amended to date. For previous amendments see footnote † to Statutory Rules 1978, No. 61 and see also Statutory Rules 1978, Nos. 61, 71, 78 and 89.
14175/78 Cat. No. —Recommended retail price 10c 14/20.10.1978
Application
4. The amendments of the Air Force Regulations effected by regulations 2 and 3 apply to and in relation to members of the Air Force as if those amendments had come into operation on 5 January 1978.
Printed by Authority by the Commonwealth Government Printer
Overview
Statutory Rules 1978 No. 238, Regulations Under the Air Force Act 1923, was enacted to amend the Air Force Regulations concerning the calculation and cessation of salary, and to adjust the salary structure for various ranks within the Air Force. The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, introduced these amendments to ensure that the salary calculations and cessation provisions within the Air Force Regulations align with the updated Defence Force (Salaries) Regulations. This legislative instrument aimed to streamline the administration of salaries and benefits for Air Force personnel by clarifying and updating the relevant regulations, thereby ensuring consistency and fairness in remuneration across the ranks.
Scope and Application
The Statutory Rules 1978 No. 238, which amend the Air Force Regulations under the Air Force Act 1923, pertain to members of the Australian Air Force, including Corporals, Leading Aircraftmen, Aircraftmen, Aircraftmen (Recruit), Warrant Officers, Flight Sergeants, and Sergeants. These amendments affect the calculation and cessation of their salaries, as well as the specific salary schedules applicable to these ranks. The regulations apply to the Commonwealth jurisdiction and are aimed at ensuring that the salary structures for these ranks are accurately and consistently applied according to the relevant schedules. The amendments are retroactive, applying as if they had come into effect on 5 January 1978, thus covering any salary calculations and cessations from that date. The regulations do not explicitly state any exclusions, but they do clarify the definitions and schedules relevant to the salary of these ranks, thereby refining the application of the existing provisions. Any further application or interpretation of these regulations may be addressed through subordinate instruments issued under the authority of the Air Force Act 1923.
Key Provisions
The Regulations primarily amend the Air Force Regulations, specifically altering sections related to salary calculations for various ranks within the Air Force. Regulation 530, which deals with the commencement, calculation, and cessation of salary, has had sub-regulation (2) removed, streamlining the processes involved. Regulation 549, concerning the salary of Corporals, Leading Aircraftmen, Aircraftmen, and Aircraftmen (Recruit), is modified to omit references to specific schedules and replace them with a single schedule, thus simplifying the criteria for salary determination. Similarly, Regulation 549a, which pertains to the salary of Warrant Officers, Flight Sergeants, and Sergeants, is amended to redefine "prescribed table" to mean either Part II or Part III of Schedule 7 to the Defence Force (Salaries) Regulations, clarifying the salary structure.
These amendments impose clear obligations on the Air Force to follow the new salary calculation methods as outlined in the Regulations. Specifically, the Air Force must now apply the simplified criteria for salary determinations, which no longer reference multiple schedules but instead refer to a single schedule or specific parts of another schedule. These changes ensure consistency and clarity in how salaries are calculated for the specified ranks.
Breaches of these provisions, although not explicitly detailed in the text, could potentially lead to administrative penalties or disputes over salary calculations. While the specific penalties are not stated, non-compliance with legislative requirements can generally lead to legal action or administrative sanctions, including the need to correct any erroneous salary payments and potential disciplinary measures against responsible officers.