EXPLANATORY STATEMENT
STATUTORY RULES 1990 No. 377
ISSUED BY THE AUTHORITY OF THE
MINISTER FOR DEFENCE SCIENCE AND PERSONNEL
AIR FORCE REGULATIONS (AMENDMENT)
The Air Force Regulations (“the Regulations”) made under the Air Force Act 1923 prescribe various matters relating to the organisation and administration of the Air Force.
The Defence Legislation Amendment Act 1990 (“the Amending Act”) includes amendments to the Defence Act and Naval Defence Act which remove inappropriate restrictions on the Chief of the Defence Force’s command power. These restrictions, which are not in line with the current arrangements for the command of the Defence Force, oblige the Chief of the Defence Force to implement single service appointments and organisational arrangements through the single service chiefs of staff. Command appointments and organisational arrangements will now be dealt with under the general command power vested in the Chief of the Defence Force and separate service chiefs of staff by subsection 9(2) of the Defence Act.
The changes made by the Amending Act in relation to command powers cannot be proclaimed to commence until associated amendments are made to various regulations under Defence legislation. The Statutory Rule makes the necessary amendments to the Regulations.
Regulation 24 of the Regulations empowered the Chief of the Air Staff to determine the organisation and establishment of the Air Force, including the Order of Battle and Establishment Tables. Regulation 24 corresponded to section 33 of the Defence Act and section 23 of the Naval Defence Act, which are provisions repealed by the Amending Act. The Statutory Rule therefore repeals regulation 24, which is also unnecessary because of the command power in subsection 9(2) of the Defence Act.
The Statutory Rule comes into operation on 15 December 1990 (the date of commencement of the related Amending Act provisions).