EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 174
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE AMENDMENT OF THE AIR FORCE REGULATIONS
Section 12 of the Defence Amendment Act 1979 provides that the Minister may make interim determinations amending or repealing regulations. The Act also deems such interim determinations to be Statutory Rules.
Regulation 579 of the Air Force Regulations provides for payment of travelling allowance to members of the Air Force making an authorized journey.
These Statutory Rules amend regulation 579 by increasing the rates at which the allowance is payable. The increases are a flow-on from corresponding increases recently granted to members of the Australian Public Service.
The date of effect is 1 May 1982.
Overview
The Statutory Rules 1982 No. 174, issued under the authority of the Minister for Defence, amend the Air Force Regulations. This amendment was enacted in response to the provisions of section 12 of the Defence Amendment Act 1979, which allows the Minister to make interim determinations that amend or repeal regulations, and which deems these interim determinations to be Statutory Rules. Specifically, these rules adjust regulation 579, which pertains to the payment of travelling allowances to Air Force members undertaking authorised journeys. The amendment increases the rates of the allowance, aligning them with recent increases granted to members of the Australian Public Service. This change aims to ensure consistency in allowance rates across different branches of public service. The amendments took effect on 1 May 1982.
Scope and Application
The Air Force Regulations Amendment (Travel Allowance Rates) Statutory Rules 1982 No. 174 apply to members of the Royal Australian Air Force who are entitled to a travelling allowance as per Regulation 579 of the Air Force Regulations. This amendment is confined to increasing the rates at which this allowance is payable, reflecting recent adjustments made to the Australian Public Service. The scope of this legislation is limited to the adjustment of financial allowances for authorised travel within the Air Force, thereby affecting the financial entitlements of its members. Geographically and jurisdictionally, these rules are applicable within Australia, as they pertain to the operations and regulations of the Australian Defence Force, specifically the Air Force. The rules do not specify any exclusions, exemptions, or thresholds beyond what is already outlined in the existing Air Force Regulations. The application of these rules may be further refined or extended through subordinate instruments issued under the authority of the Minister for Defence.
Key Provisions
The key provisions of the Statutory Rules 1982 No. 174 involve amendments to regulation 579 of the Air Force Regulations, which governs the payment of travelling allowances to members of the Air Force. Regulation 579, as amended, now includes updated rates for travelling allowances. This change was made pursuant to Section 12 of the Defence Amendment Act 1979, which allows the Minister to issue interim determinations to amend or repeal regulations, thereby deeming these determinations to be Statutory Rules. The date of effect for these amendments is 1 May 1982.
The obligations imposed on the parties governed by these amendments include adherence to the new rates for travelling allowances as set out in the updated regulation 579. This means that the Department of Defence and the Air Force must ensure that members making authorised journeys are compensated at the rates specified in the amended regulation. The updated rates reflect the increases granted to members of the Australian Public Service, aligning the allowances with broader public sector adjustments.
Any breaches of the provisions outlined in these Statutory Rules could lead to civil or criminal consequences. While the specific offences and penalties are not detailed in the explanatory statement, it is implied that failure to comply with the amended rates for travelling allowances could result in administrative penalties. The maximum penalties, however, are not specified in the provided text but may be found in the relevant sections of the Defence Amendment Act 1979 or other applicable legislation. The primary focus is ensuring that the updated allowances are accurately applied and adhered to by the Air Force.