Air Force Regulations (Amendment)

Overview

The Statutory Rules 1984 No. 458, issued under the authority of the Minister for Defence, amends the Air Force Regulations, originally enacted as part of the Defence Amendment Act 1979. This amendment addresses the need to streamline and modernise the regulatory framework governing the payment of salary and related administrative matters within the Air Force. The regulations were previously outlined in sub-regulations 530(1), (1A), (3), (4) and (5), regulation 540, and Division 2 of Part XI, but have been repealed and replaced with Determination 0101, Salary of Permanent Force Members, which was made under section 58B of the Defence Act 1903. The policy objective of these amendments is to ensure that the regulations are aligned with contemporary practices and requirements, thereby enhancing the efficiency and effectiveness of the administrative processes within the Air Force. The changes were effective from 31 December 1984.

Scope and Application

The Statutory Rules 1984 No. 458 issued under the authority of the Minister for Defence amend the Air Force Regulations, impacting various provisions related to salary and appointment dates for members of the Australian Defence Force. These amendments are made to align the regulations with the new Determination 0101, Salary of Permanent Force Members, which was established under section 58B of the Defence Act 1903. Specifically, the rules repeal and omit several sub-regulations concerning salary commencement, cessation, and promotion-related salary adjustments, as well as administrative instructions on appointment and discharge dates that are now covered by the new determination. This amendment applies to all members of the Air Force, ensuring that their salary and related administrative matters are governed by the updated determination. The changes take effect from 31 December 1984, marking the date of implementation for the new regulatory framework.

Key Provisions

The operative sections of these Statutory Rules primarily involve amendments and repeals to certain provisions of the Air Force Regulations (ARF). Sub-regulations 530(1), (1A), (3), (4) and (5) are amended to reflect the changes in the commencement and cessation dates for salary, while regulation 540, which pertains to the commencement date of a different rate of salary on promotion or remuster, is repealed. Additionally, Division 2 of Part XI, which relates to the payment of salary to airmen and the granting of increments, is also repealed, as these provisions have been replaced by Determination 0101, Salary of Permanent Force Members, made under section 58B of the Defence Act 1903. The intent behind these changes is to streamline and update the Air Force Regulations in line with the new determination. The amendments and repeals outlined in these Statutory Rules impose specific obligations on the parties and entities governed by the Air Force Regulations. For example, the changes to sub-regulations 530(1), (1A), (3), (4) and (5) necessitate that the updated commencement and cessation dates for salary be adhered to. The repeal of regulation 540 and Division 2 of Part XI means that any salary-related matters must now be governed by Determination 0101. Additionally, the omission of sub-regulations 531(1), (2), (3), (4) and (7) requires that administrative instructions on appointment and discharge dates no longer be considered, as these have been superseded by the promulgated administrative instructions. Failure to comply with the provisions of these Statutory Rules may result in various civil and criminal consequences. The specific offences and penalties are not detailed in the Explanatory Statement, but generally, breaches of statutory rules may lead to fines, imprisonment, or both, depending on the severity of the offence and the discretion of the court. The maximum penalties for such breaches are typically outlined in the relevant legislation, but they can vary widely based on the nature of the offence and the jurisdiction in which it is committed. Given the nature of the Air Force Regulations and the Defence Act, penalties for non-compliance could potentially include significant fines or imprisonment, reflecting the importance of adherence to these rules in the military context.