Air Force Regulations (Amendment)

Overview

The Statutory Rules 1984 No. 440, issued under the authority of the Minister for Defence, amend the Air Force Regulations to address discrepancies in the payment of meal allowances to members of the Air Force. Enacted by the Parliament of Australia, this legislation seeks to streamline and modernise the regulatory framework governing meal allowances within the Air Force, ensuring that it aligns with current policies and practices. The primary objective of these amendments is to replace the outdated regulations 598, 645A and 647 with Determination 0506, which was made under section 58B of the Defence Act 1903, thereby providing a more effective and efficient administrative structure for managing meal allowances.

Scope and Application

The Statutory Rules 1984 No. 440, issued under the authority of the Minister for Defence, address the amendment of the Air Force Regulations, specifically targeting the payment of meal allowances to members of the Australian Air Force. This legislation applies to members of the Air Force who are entitled to meal allowances under the repealed regulations. The scope of these rules is confined to the replacement of the existing meal allowance provisions in regulations 598, 645A, and 647 with Determination 0506, which was made under section 58B of the Defence Act 1903. The effect of these rules is to streamline and update the regulatory framework concerning meal allowances for Air Force personnel, ensuring that the provisions align with current policy and practice. The geographic and jurisdictional reach of these rules is national, as they pertain to federal defence regulations and apply across all states and territories of Australia. Any exclusions, exemptions, or thresholds are detailed within Determination 0506 itself, which becomes the primary instrument governing meal allowance payments. These rules also provide for the extension or restriction of application through subordinate instruments, as further defined by the specific provisions of Determination 0506.

Key Provisions

The main operative sections of this Statutory Rule (Statutory Rules 1984 No. 440) are those that pertain to the repeal of existing regulations and the implementation of a new determination regarding meal allowances for members of the Air Force. Specifically, sections 598, 645A, and 647 of the Air Force Regulations, which previously governed the payment of meal allowances, are repealed (Section 1). These repealed regulations are replaced by Determination 0506, Meal Allowance, which is made under section 58B of the Defence Act 1903 (Section 2). The effect of these changes takes place from the date on which Determination 0506 is made (Section 3). The Act imposes several obligations and requirements on the parties or entities it governs. Firstly, it mandates the repeal of the existing Air Force Regulations sections 598, 645A, and 647, which previously dealt with the payment of meal allowances to Air Force members. In their place, it introduces Determination 0506, Meal Allowance, which sets out the new provisions for meal allowances. This means that any processes, payments, and administrative actions related to meal allowances must now comply with the provisions of Determination 0506. Additionally, the determination ensures that the new rules are consistent with the overarching Defence Act 1903, maintaining a unified regulatory framework for the Defence Force. Failure to comply with the provisions of Determination 0506, Meal Allowance, could result in various consequences. While the Statutory Rules do not explicitly state offences or penalties, breaches of Defence Act 1903 provisions, which govern the Defence Force, could lead to both civil and criminal repercussions. Civil penalties might include fines or compensation for any financial loss incurred due to non-compliance. Criminal penalties could range from fines to imprisonment, depending on the severity of the breach and any associated criminal statutes. It is important to note that the specific penalties would be determined by the applicable laws and the discretion of the court.