Air Force Regulations (Amendment)

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1980 No. 151

INTERIM DETERMINATION UNDER THE DEFENCE
AMENDMENT ACT 19791

I, the Minister of State for Administrative Services acting for and on behalf of the Minister of State for Defence, hereby make the following Interim Determination under section 12 of the Defence Amendment Act 1979.

Dated this sixth day of June 1980.

J. E. MCLEAY

Minister of State for Administrative Services

for and on behalf of the

Minister of State for Defence

 

AMENDMENTS OF THE AIR FORCE REGULATIONS2

Interpretation

 1. Regulation 4 of the Air Force Regulations is amended by inserting the following definitions after the definition of “His Majesty’s Service”:

“ ‘living in’, means being provided with rations and quarters at the expense of the Commonwealth, and ‘live in’ has a corresponding meaning;

“ ‘living out’ in relation to a member means having permission to provide his own meals or accommodation, or both or to reside in married quarters, and ‘living out’ has a corresponding meaning;”.

District Allowance

 2. Regulation 614 of the Air Force Regulations is amended—

 (a) by inserting in sub-regulation (1) the following definition:

“ ‘adult minimum wage’ means the notional six capital cities adult minimum wage as determined from time to time by the Australian Conciliation and Arbitration Commission under section 59 of the Conciliation and Arbitration Act 1904;”;

 (b) by omitting from the definition of “district allowance locality” in sub-regulation (1), paragraph (a) and substituting the following paragraph:

 “(a) a locality classified for the purposes of district allowance under regulation 102 of the Public Service Regulations; or”;

 (c) by omitting from sub-regulation (1) the definitions of “married member living out” and “unmarried member living out”;

 (d) by omitting from sub-regulation (4B) the words “per day” and substituting the words “per year”;

 (e) by omitting from sub-regulation (4B) the table and substituting the following table:

Column 1

Grade

Column 2

Column 3

Column 4

 

$

$

$

1

380

200

140

2

680

350

245

3

1,080

590

413

4

1,510

870

609

5

1,960

1,160

812

6

2,450

1,510

1,057

 (f) by omitting sub-regulations (4C) and (4D) and substituting the following sub‑regulation:

 “(4C) Where a district allowance locality is removed from the list referred to in regulation 102 of the Public Service Regulations or the classification of a district allowance locality is lowered for the purposes of district allowance under that regulation, this regulation applies to a member—

 (a) who, immediately before that removal or that lowering of classification, resided in that district allowance locality;

 (b) to whom district allowance has been paid or is payable in respect of his residence in that district allowance locality during a period immediately preceding that removal or lowering of classification; and

 (c) who continues to reside in that district allowance locality after that removal or lowering of classification,

as if that locality had not been removed from that list or been lowered in classification until the expiration of—

 (d) one year after that removal or lowering of classification; or

 (e) the period during which the member continued to reside in that locality after that removal or lowering of classification,

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 or lowering of classification.”;

 (g) by omitting sub-regulation (9) and substituting the following sub-regulation:

 “(9) Subject to sub-regulation (10) the rate of district allowance specified in column 2 of the table in sub-regulation (4B) is payable to a member living out whose dependants reside with him in a district allowance locality.”;

 (h) by adding at the end thereof the following sub-regulations:

 “(10) In the case of a member who lives out in a district allowance locality and—

 (a) whose dependants do not reside with him in that locality;

 (b) whose dependants reside with him in that locality and one or more of whom are employed and are paid an allowance by their employer under similar conditions as apply to payment of district allowance under this regulation at a rate equal to or higher than, the rate specified in column 2 of the table in sub-regulation (4B);

 (c) whose dependants reside with him in that locality and each of those dependants has an annual income in excess of the annual adult minimum wage;

 (d) whose spouse resides with him in that locality and is employed by the Commonwealth; or

 (e) is unmarried and entitled to living out allowance,

the rate at which district allowance is payable to that member is the rate specified in column 3 of the table in sub-regulation (4B).

 “(11) The rate of district allowance specified in column 4 of the table in sub-regulation (4B) is payable to—

 (a) a member living in in Service accommodation in a district allowance locality; or

 (b) a member living out in a district allowance locality and who is not entitled to living out allowance.”.

Application

 3. Subject to clause 4, the Air Force Regulations as amended by this Determination apply in relation to service in a district allowance locality, being a locality that comprises a locality classified for the purpose of district allowance under regulation 102 of the Public Service Regulations, on or after 5 December 1979.

Transitional

 4. Where a member who was entitled to district allowance at the rate specified in column 2 of the table in sub-regulation (4B) of regulation 614 of the Air Force Regulations as in force on the day immediately before the date on which this Determination was notified in the Gazette, continues to reside in the district in respect of which he was so entitled or is posted from that district to another district allowance locality on and after the date this Determination was notified in the Gazette, district allowance is payable to him at the rate specified in column 2 of the table in sub-regulation (4B) of regulation 614 of the Air Force Regulations as in force immediately after the date this Determination was notified in the Gazette, appropriate to the district in which he remains or to which he has been posted, whichever is applicable, for the period commencing on 5 December 1979 or the date on which the member became so entitled to district allowance, whichever is the later, during which he would have been entitled to receive district allowance at the rate specified in column 2 of the table in sub-regulation (4B) of regulation 614 of the Air Force Regulations if this Determination had not been made.

 

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 20 June 1980.

2. Statutory Rules 1927 No. 161 as amended to date. For previous amendments see Note 2 to Statutory Rules 1980 No. 2 and see also Statutory Rules 1980 Nos. 2, 35, 40, 41, 129 and 146.

Overview

The Defence Amendment Act 1979 was enacted to address certain administrative and operational gaps within the Defence Force, particularly focusing on the Air Force. This legislation was introduced by the Australian Parliament and aimed to provide necessary amendments to existing regulations governing the Air Force. The Interim Determination under the Defence Amendment Act 1979, made by the Minister of State for Administrative Services on behalf of the Minister of State for Defence, aimed to refine and update specific regulations within the Air Force, particularly those related to allowances and classifications. This legislative instrument provided a framework for amendments to the Air Force Regulations, ensuring that allowances and classifications were updated and aligned with current economic conditions and administrative practices. The policy objective was to maintain the efficiency and effectiveness of the Defence Force by ensuring that personnel received appropriate support and allowances commensurate with their living and working conditions.

Scope and Application

This Interim Determination, made under the Defence Amendment Act 1979, pertains to the Air Force Regulations, specifically addressing the provisions concerning district allowance. The amendments apply to members of the Air Force who are residing in or have been posted to a district allowance locality, as defined by regulation 102 of the Public Service Regulations, on or after 5 December 1979. The amendments modify the criteria for determining district allowance rates, introducing new definitions and adjusting the conditions under which certain rates apply. Notably, the regulations provide different allowance rates depending on whether members live in or live out, their dependants' residence and income status, and whether they are married with a spouse employed by the Commonwealth. The transitional provisions ensure that members who were entitled to a specific allowance rate continue to receive it under the new regulations, maintaining consistency for those already entitled to such allowances. The amendments do not specify any exclusions or exemptions, and the scope is limited to the adjustments outlined within the determination.

Key Provisions

This Interim Determination under the Defence Amendment Act 1979, dated 6 June 1980, makes significant amendments to the Air Force Regulations (subsection 2). It includes new definitions for terms such as "living in," "living out," and "adult minimum wage" (subsection 1). It also modifies the district allowance criteria, including the classification of localities, the rates of allowances, and the circumstances under which different rates apply (subsection 2). The Act imposes specific obligations on the Air Force members and the Defence Force. Members must meet the criteria for living in or living out, as defined, to qualify for the respective allowances (subsection 2(10)). The Defence Force is obligated to calculate and pay allowances based on the members' status and the locality classification as per the Public Service Regulations (subsection 2(4C)-(4D)). The Defence Force must also ensure that allowances are paid at the correct rates according to the new regulations, especially for members who continue to reside in a locality after its classification has been lowered or removed (subsection 2(9)-(11)). Breaches of the provisions set out in this Act may lead to civil or administrative penalties, although the exact nature of these consequences is not specified in the text. However, members who do not meet the criteria for the allowances or who are found to be improperly receiving allowances may face disciplinary action or financial penalties. The maximum penalties are not detailed in this text, but they may include fines or other sanctions as determined by the Defence Force or relevant authorities.

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