Air Force Regulations (Amendment)

Overview

The Air Force Regulations (Amendment) Statutory Rule 1987 was enacted to address the inadequacy and impracticality of existing regulations concerning the appointment of Air Force officers as Aides-de-Camp to the Governor-General and State Governors. The original provisions under the Air Force Act 1923 had led to significant difficulties in practical implementation and were deemed legally unnecessary. The purpose of the amendment was to streamline these appointments through administrative action, aligning with the Defence Instructions (General) issued under the Defence Act 1903. This change was endorsed by the Attorney-General’s Department, reflecting a shift towards more efficient and legally sufficient administrative procedures. The Statutory Rule was issued under the authority of the Minister for Defence and came into effect upon gazettal.

Scope and Application

The Air Force Regulations (Amendment) Statutory Rules 1997, issued under the authority of the Minister for Defence, amend the Air Force Regulations made under the Air Force Act 1923, concerning the organisation and administration of the Air Force. Specifically, these regulations repeal regulations 71 and 71A, which previously provided for the appointment of Air Force officers as Aides-de-Camp to the Governor-General and State Governors. The repeal is based on a review that determined these regulations were not legally necessary and could be adequately managed through administrative action and Defence Instructions. This amendment ensures that the processes and procedures for such appointments are appropriately governed without the need for specific legislative provisions. The Statutory Rules come into operation on the date of their gazettal, thereby immediately effecting the changes to the existing regulatory framework.

Key Provisions

The primary operative sections of the Air Force Regulations (Amendment) Statutory Rule 1987 No. 20 concern the repeal of certain existing regulations. Specifically, regulations 71 and 71A, which pertained to the appointment of Air Force officers as Aides-de-Camp to the Governor-General and State Governors, are repealed by Regulations 1 and 2 of the Statutory Rule (sections 1 and 2). The rationale for this amendment is to address the inadequacies and practical difficulties that arose from these existing provisions, and to align with the view of the Attorney-General’s Department that these appointments can be managed through administrative action, as stipulated in Defence Instructions (General) issued under section 9A of the Defence Act 1903. The amendment imposes a specific obligation on the relevant parties, primarily the Department of Defence, to ensure that the appointments of Air Force officers as Aides-de-Camp to the Governor-General and State Governors are now managed according to the Defence Instructions (General). This change shifts the responsibility from legal regulation to administrative governance, ensuring that the procedures and rules governing these appointments are clearly outlined and followed as per the Defence Act 1903. This shift is intended to streamline the process and avoid the legal complexities previously associated with regulations 71 and 71A. There are no specific offences, penalties, or civil/criminal consequences outlined in the Statutory Rule for breaches of the repealed regulations. The repeal itself is a formal administrative change, and compliance with the new administrative procedures outlined in Defence Instructions (General) is expected. Any failure to comply with these new procedures could potentially lead to administrative consequences as defined by the Defence Act 1903, but no specific penalties are mentioned in the Statutory Rule. The focus of the amendment is on clarifying and improving the administrative process rather than introducing new punitive measures.