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24 corresponded to section 33 of the Defence Act and section 23 of the Naval Defence Act, which are provisions repealed by the Amending Act.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).
Overview
The Air Force Regulations (Amendment) Statutory Rule, issued in 1990 under the authority of the Minister for Defence Science and Personnel, was enacted to align the Air Force Regulations with amendments introduced by the Defence Legislation Amendment Act 1990. The primary objective of these legislative changes was to address and rectify outdated restrictions on the command power of the Chief of the Defence Force, ensuring that the command appointments and organisational arrangements align with the modern command structure of the Australian Defence Force. This was achieved by removing provisions that required the Chief of the Defence Force to implement single service appointments and organisational arrangements through the service chiefs of staff, thereby transferring these responsibilities directly to the Chief of the Defence Force. This amendment streamlines the command structure and enhances operational efficiency within the Air Force.
Scope and Application
The Air Force Regulations (Amendment) Statutory Rules 1990 No. 377, issued under the authority of the Minister for Defence Science and Personnel, detail amendments to the Air Force Regulations made under the Air Force Act 1923. These amendments respond to the Defence Legislation Amendment Act 1990, which seeks to align the command structure of the Defence Force with contemporary command arrangements by removing outdated restrictions on the Chief of the Defence Force's command power. Specifically, the Statutory Rule repeals Regulation 24 of the Regulations, which previously allowed the Chief of the Air Staff to determine the organisation and establishment of the Air Force, including the Order of Battle and Establishment Tables, as it is rendered unnecessary by the new command power provisions in the Defence Act. The Statutory Rule aligns with the commencement date of the Amending Act, effective from 15 December 1990, thereby ensuring a cohesive and contemporary command structure across the Defence Force.
Key Provisions
The primary sections of the Air Force Regulations (Amendment) Statutory Rules 1990 No. 377 are aimed at aligning the Air Force Regulations with the Defence Legislation Amendment Act 1990. Specifically, Regulation 24, which previously allowed the Chief of the Air Staff to determine the organisation and establishment of the Air Force, including the Order of Battle and Establishment Tables, is repealed (section 1). This repeal is necessary because the Defence Legislation Amendment Act has removed certain command restrictions on the Chief of the Defence Force, thereby vesting him with general command powers. This change makes the previous regulatory structure, which required command appointments and organisational arrangements to be handled by single service chiefs of staff, redundant.
The obligations imposed by these amendments are significant for the Air Force and the Defence Force as a whole. The Chief of the Defence Force is now entrusted with broader command powers, including the authority to make decisions on the organisation and establishment of the Air Force. This shift in authority means that the traditional roles and responsibilities of the single service chiefs of staff, including the Chief of the Air Staff, are modified to align with the new command structure outlined in subsection 9(2) of the Defence Act. The Air Force must now operate under the broader directives and decisions made by the Chief of the Defence Force, reflecting a more centralised command structure.
Failure to comply with the new command structure outlined in the Air Force Regulations (Amendment) could lead to various legal consequences. While the specific offences and penalties are not detailed in the explanatory statement, breaches of regulations generally could lead to disciplinary actions within the Defence Force, as well as potential legal action under the Defence Act or other relevant legislation. The penalties for such breaches could include administrative sanctions, such as demotion or dismissal for Defence personnel, as well as potential criminal charges if the breach is deemed to be of a serious nature. The exact penalties would depend on the severity of the breach and the specific provisions of the Defence Act and related legislation.