Air Force Regulations (Amendment)

Administered by Department of Defence

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Statutory Rules 1981 No. 221

————

Air Force Regulations2 (Amendment)

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 16 February 1981.

KEVIN NEWMAN

Minister of State for Administrative Services

for and on behalf of the

Minister of State for Defence

———

Rates of higher duty allowance

1. Regulation 556k of the Air Force Regulations is amended by—

(a) omitting from paragraph (a) of sub-regulation (2) “13,”;

(b) inserting in paragraph (a) of sub-regulation (2) “or Determination 0203, Sea-going Allowance, made under section 58b of the Defence Act 1903” after “Regulations”;

(c) omitting from paragraph (b) of sub-regulation (2) “13,”; and

(d) inserting in paragraph (b) of sub-regulation (2) “or Determination 0203, Sea-going Allowance, made under section 58b of the Defence Act 1903” after “Regulations”.

Application

2. This Interim Determination shall take effect on the day on which Determination 0203, Sea-going Allowance, is made under section 58b of the Defence Act 1903.


NOTES

1. Notified in the Commonwealth of Australia Gazette on 24 February 1981.

2. Statutory Rules 1927 No. 161 as amended by 1928 Nos. 52 and 109; 1929 Nos. 75 and 114; 1930 Nos. 77, 94 and 135; 1931 Nos. 3, 78 and 115; 1932 Nos. 9, 63 and 133; 1933 Nos. 16, 46, 58, 82, 89 and 117; 1934 Nos. 25, 51, 74, 81, 122 and 125; 1935 Nos. 32 and 98; 1936 No. 17; 1937 No. 21; 1938 Nos. 12, 13, 22, 48, 77, 97 and 120; 1939 Nos. 21, 64 and 142; 1940 Nos. 31, 53, 75, 114, 125, 140, 220, 241 and 279; 1941 Nos. 68, 106, 137, 181 and 228; 1942 Nos. 29, 158, 232, 254, 346, 383, 416, 440, 441, 476 and 543; 1943 Nos. 119 and 198; 1944 Nos. 34, 50, 64, 75, 146 and 153; 1945 Nos. 49, 79, 95, 105, 196 and 201; 1946 Nos. 40, 111, 145 and 162; 1947 No. 22; 1948 Nos. 34, 51, 67, 86 and 152; 132; 1955 Nos. 36, 41 and 92; 1956 Nos. 19 and 43; 1958 No. 62; 1959 No. 100; 1960 No. 1949 Nos. 82, 86 and 115; 1950 No. 66; 1952 Nos. 14, 34, 49 and 86; 1954 Nos. 30 and 52; 1961 Nos. 7, 14, 28, 46, 88, 95, 126, 131 and 138; 1962 No. 24; 1963 Nos. 63, 64, 76, 91, 114, 116 and 117; 1964 Nos. 9, 13, 47, 94 and 99; 1965 Nos. 9, 10, 25, 57, 58, 77, 141, 142, 143, 153 and 166; 1966 Nos. 4, 30, 127 and 150; 1967 Nos. 11, 39, 104 and 171; 1968 Nos. 90, 98, 140 and 155; 1969 Nos. 3, 116, 117, 148 and 180; 1970 Nos. 2, 37, 117, 132 and 156; 1971 Nos. 29, 50, 78, 121, 153 and 169; 1972 Nos. 16, 28, 54, 87, 89, 91 and 144; 1973 Nos. 96, 97, 98, 172, 199, 200, 246 and 256; 1974 Nos. 76, 79, 90, 160, 202 and 257; 1975 Nos. 3, 38 and 56; 1976 Nos. 6, 10, 60, 128, 191, 241 and 257; 1977 Nos. 5, 38, 129, 142, 203, 240, 276, 277 and 279; 1978 Nos. 23, 61, 71, 78, 89, 162, 181, 198, 225, 237 and 238; 1979 Nos. 19, 31, 49, 50, 63, 130, 133, 257, 303 and 310; 1980 Nos. 2, 35, 40, 41, 129, 146, 151, 152, 153, 176, 221, 224, 246, 250, 301, 306, 313, 351 and 361.

Overview

The Air Force Regulations 1927 were amended in 1981 to address the need for a more comprehensive allowance structure for members of the Australian Defence Force, particularly those on sea-going duties. The Interim Determination, made under section 12 of the Defence Amendment Act 1979, was enacted by the Minister of State for Administrative Services on behalf of the Minister of State for Defence. This legislative instrument aimed to integrate the sea-going allowance into the existing higher duty allowance framework, ensuring that members serving on sea-going duties receive appropriate compensation. The Interim Determination took effect upon the issuance of Determination 0203, Sea-going Allowance, under section 58b of the Defence Act 1903. This amendment was part of a broader effort to harmonise and update the allowances provided to Defence Force personnel, ensuring that they are adequately compensated for the unique challenges of their roles.

Scope and Application

The Interim Determination under section 12 of the Defence Amendment Act 1979 pertains to the Air Force Regulations and specifically modifies Regulation 556k. This legislation applies to individuals and entities involved in the operations and administration of the Australian Defence Force, particularly those within the Air Force. It concerns the amendment of allowances, more specifically the higher duty allowance, thereby impacting the compensation structure for certain duties. The jurisdiction of this determination is Commonwealth-wide, as it falls under the purview of the Defence Act 1903. The amendments to the Air Force Regulations are designed to align with the provisions of Determination 0203, Sea-going Allowance, which was also made under section 58b of the Defence Act 1903. This interim measure ensures that the allowances are updated and regulated appropriately within the Air Force framework. Notably, the scope of this legislation does not exclude any specific entities or circumstances, and it extends to all personnel and activities within the Air Force that are governed by the Air Force Regulations.

Key Provisions

This Interim Determination, made under the authority of the Defence Amendment Act 1979, primarily amends Regulation 556k of the Air Force Regulations (paragraph 1). The changes involve the removal of specific references to "13," from paragraphs (a) and (b) of sub-regulation (2) and the insertion of "or Determination 0203, Sea-going Allowance, made under section 58b of the Defence Act 1903" after "Regulations" in the same paragraphs. These amendments are intended to integrate the Sea-going Allowance into the existing allowances structure for Air Force personnel. The Interim Determination is set to take effect on the date when Determination 0203, Sea-going Allowance, is made under the Defence Act 1903 (paragraph 2). The Interim Determination imposes specific obligations on the relevant parties, primarily the Ministry of State for Administrative Services and the Minister of State for Defence. These obligations include ensuring that the amendments to Regulation 556k are correctly implemented and that the changes align with the provisions of Determination 0203, Sea-going Allowance. The determination requires these officials to act in accordance with the statutory provisions and to ensure that the changes are reflected accurately in the Air Force Regulations. Failure to comply with the provisions of this Interim Determination could result in legal consequences. However, the specific offences, penalties, or civil/criminal consequences are not explicitly stated within the text of this Interim Determination. The penalties for non-compliance would typically depend on the broader legislative context in which this Interim Determination operates, including any related statutes and regulations that prescribe penalties for breaches of defence-related legislation. It is important for practitioners to refer to the full text of the Defence Amendment Act 1979 and other relevant legislation to fully understand the potential ramifications of non-compliance.

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