EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO 333
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AIR FORCE REGULATIONS (AMENDMENT)
In 1981 the policy was adopted that persons would not normally be eligible for entry to the Defence Force unless they hold Australian citizenship. This policy replaced the broader criterion of British nationality.
The new policy envisages that a person who is not an Australian citizen, but who has applied for Australian citizenship, could be recruited if necessary. If citizenship were not granted to him or if he did not accept it when offered, his membership of the Defence Force would be terminated.
The Air Force Regulations, made under the Air Force Act 1923, provide for various matters relating to the administration and discipline of the Air Force.
Regulation 115 of the Regulations prescribes the reasons for which an airman may be discharged from the Air Force.
This Statutory Rule inserts a new paragraph 115(e) which provides that an airman may be discharged for the reason that he has not been granted, or has not accepted, Australian citizenship.
The Statutory Rule has effect from the date of gazettal.
Overview
The Air Force Regulations (Amendment) Statutory Rules 1982 No 333, issued under the authority of the Minister for Defence, was enacted to address a shift in policy regarding the eligibility of individuals for entry into the Defence Force. This amendment was introduced in response to a 1981 policy change that established Australian citizenship as the standard eligibility criterion, replacing the previous broader criterion of British nationality. The policy allows for the recruitment of individuals who have applied for Australian citizenship, subject to the condition that their membership in the Defence Force would be terminated if citizenship is not granted or accepted. This amendment, which incorporates a new paragraph 115(e) into Regulation 115 of the Air Force Regulations, provides for the discharge of an airman on the grounds of not obtaining or accepting Australian citizenship, thereby aligning the legislative framework with the new policy objective.
Scope and Application
The Air Force Regulations (Amendment) Statutory Rules 1982, issued under the authority of the Minister for Defence, pertain to individuals and entities involved with the Australian Defence Force, specifically the Royal Australian Air Force. The primary focus of these regulations is to amend existing criteria for eligibility and discharge within the Air Force, conforming to the policy shift that mandates Australian citizenship as a prerequisite for entry into the Defence Force, effective from 1981. This change refines the previous criterion of British nationality, allowing for exceptional recruitment of non-citizens who have applied for Australian citizenship, with the condition that their service terminates if citizenship is not granted or accepted. The new regulation introduces a specific provision, paragraph 115(e), to the Air Force Regulations, which now includes the inability or refusal to accept Australian citizenship as a valid reason for discharge from service. These amendments are applicable nationally, extending the jurisdictional reach across the Commonwealth of Australia, and are effective from the date of their gazettal.
Key Provisions
The main operative sections of the Air Force Regulations (Amendment) Statutory Rules 1982 No. 333 pertain to the eligibility criteria for entry and continued membership in the Defence Force, particularly the Australian Air Force. Regulation 115 of these Regulations, which details the grounds for discharge of an airman, has been amended to include a new subparagraph (e) (Regulation 115(e)). This new subparagraph specifies that an airman may be discharged if they have not been granted or have not accepted Australian citizenship. This amendment ensures that the policy of requiring Australian citizenship for Defence Force members is reflected in the regulatory framework governing the Air Force.
The obligations and requirements imposed by these Regulations on parties, specifically airmen within the Air Force, are clear and direct. Airmen must hold Australian citizenship to remain in service. This obligation extends to those who have applied for Australian citizenship, who may be conditionally recruited but whose membership will be terminated if citizenship is not granted or accepted. This requirement underscores the importance of citizenship in maintaining membership within the Defence Force, aligning with the broader policy adopted in 1981.
Breach of these regulations can lead to specific consequences, including the discharge of an airman under Regulation 115(e). While the statutory rule does not explicitly detail civil or criminal penalties for failing to meet the citizenship requirement, the consequence of such a breach is the termination of membership in the Defence Force. This administrative action is the primary means by which compliance with the citizenship requirement is enforced, reflecting the legislative intent to maintain a Defence Force composed exclusively of Australian citizens.