Statutory Rules
1977 No. 142
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 nineteenth day of August 1977.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
D. J. KILLEN
Minister of State for Defence.
Amendments of the Air Force Regulations†
District allowance.
1. Regulation 614 of the Air Force Regulations is amended—
(a) by omitting from paragraph (a) of the definition of “ district allowance locality ” in sub-regulation (1) the words “ district allowance is ” and substituting the words “ district allowances are ”;
(b) by omitting from paragraph (a) of sub-regulation (4b) the words “ district allowance ” and substituting the words “ district allowances ”;
(c) by omitting from paragraph (a) of sub-regulation (4b) the words “ the first column ” and substituting the word and figure “ column 1 ”;
(d) by omitting from paragraph (b) of sub-regulation (4b) the words “ the first column ” and substituting the word and figure “ column 1 ”;
(e) by omitting from sub-regulation (4b) the words “ so specified in the following table ” and substituting the words “ specified opposite that grade in whichever of column 2, 3 or 4 of that table is applicable to the member ”;
* Notified in the Commonwealth of Australia Gazette on 23 August 1977.
† Statutory Rules 1927, No. 161 as amended to date. For previous amendments of the Air Force Regulations see footnote † to Statutory Rules 1977, No. 5 and see also Statutory Rules 1977, Nos. 5, 38 and 129.
(f) by omitting the table in sub-regulation (4b) and substituting the following table:—
Column 1 | Column 2 | Column 3 | Column 4 |
Grade | Married member living out—rate per day | Unmarried member living out—rate per day | Member living in—rate per day |
| $ | $ | $ |
1........................... | 0.85 | 0.44 | 0.31 |
2........................... | 1.53 | 0.79 | 0.55 |
3........................... | 2.47 | 1.34 | 0.94 |
4........................... | 3.42 | 1.97 | 1.38 |
5........................... | 4.47 | 2.63 | 1.84 |
6........................... | 5.59 | 3.42 | 2.39 |
and
(g) by omitting sub-regulation (4d) and substituting the following sub-regulation:—
“ (4d) Where a locality classified for the purposes of district allowances under regulation 102 of the Public Service Regulations is removed from the list referred to in that regulation, this regulation applies to a member—
(a) who, immediately before that removal, resided in an isolated district that comprised that locality;
(b) to whom district allowance has been paid or is payable in respect of his residence in that district during a period immediately preceding that removal; and
(c) who continues to reside in that district after that removal,
as if that locality had not been removed from that list until the expiration of—
(d) 1 year after that removal; or
(e) the period during which the member continued to reside in that district after that removal,
whichever is the sooner, and the rate of district allowance payable to the member had been the rate ascertained in accordance with this regulation as in force immediately before that removal.”.
Application.
2. The Air Force Regulations as amended by regulation 1 apply in relation to service by members after 1 June 1977.
Overview
Statutory Rules 1977 No. 142, enacted under the Air Force Act 1923, aims to update and clarify the existing Air Force Regulations, particularly concerning district allowances for members. The regulations were made by the Governor-General, acting with the advice of the Federal Executive Council, to provide a more precise definition and application of district allowances based on the member's marital status and living arrangements. These amendments ensure that the allowances are correctly applied and reflect any changes in the classification of localities for the purposes of district allowances, ensuring fairness and continuity in the application of these benefits to the members of the Air Force.
Scope and Application
The Air Force Regulations, as amended by the Statutory Rules 1977 No. 142, apply to the service of members of the Australian Defence Force's Air Force from 1 June 1977. These regulations provide the detailed administrative and procedural requirements under the Air Force Act 1923, governing aspects such as allowances, discipline, and other operational matters pertaining to Air Force members. The amendments introduced in these regulations specifically modify the district allowance provisions, impacting how allowances are calculated and paid to members based on their marital status and living arrangements. The amendments ensure clarity and consistency in the application of these allowances, particularly in relation to changes in the classification of localities. Subordinate instruments may further extend or modify the application of these regulations, thereby adapting to changing circumstances and ensuring the efficient administration of the Air Force.
Key Provisions
The main operative sections of these Regulations, which are under the Air Force Act 1923, primarily concern amendments to the definition and application of district allowances for Air Force members. Regulation 1(a) to (g) amends the definition of "district allowance locality" and the associated rates for district allowances, replacing the singular term "district allowance" with the plural "district allowances" and modifying the table that specifies the rates for different grades. The new table provides specific rates for married, unmarried, and members living in-house, depending on their grade. Regulation 1(g) further modifies the application of district allowances when a locality is removed from the list under the Public Service Regulations, extending the applicability of the previous rates for a certain period after the removal.
These Regulations impose specific obligations on Air Force members and the Air Force administration. For instance, members who reside in areas classified for district allowances must adhere to the specified rates for their respective grades. The Air Force administration must ensure that the correct district allowance rates are applied, taking into account changes to locality classifications and the transitional provisions outlined in Regulation 1(g). This includes maintaining accurate records of members' residences and the allowances they are entitled to.
The Regulations do not explicitly state any offences, penalties, or consequences for breach. However, non-compliance with the stipulated district allowance rates or failure to adhere to the transitional provisions could potentially lead to disputes or claims by members regarding their entitlements. It is important for the Air Force administration to ensure accurate and timely application of these allowances to avoid any such issues. Any breaches of the allowances or misapplication of the rates could lead to internal administrative actions or require resolution through the appropriate channels within the Air Force or potentially through legal means if a member's entitlements are unjustly denied.