EXPLANATORY STATEMENT
STATUTORY RULES 1988 No. 344
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE SCIENCE AND PERSONNEL
AIR FORCE REGULATIONS (AMENDMENT)
The Air Force Regulations (“the Regulations”), made under the Air Force Act 1923, prescribe various matters relating to the organisation and administration of the Air Force.
Regulation 73 of the Regulations empowered the Chief of the Air Staff to reject the resignation of an officer in certain circumstances, including where there is a return of service obligation that the officer is required to meet because he or she has undergone “a course of special training”. Regulation 111 empowered the Chief of the Air Staff to refuse to authorise the discharge of an airman for the same reason.
Similar provisions dealing with restrictions on the resignation or discharge of members of the Army and Navy who had undergone courses of special training were contained in the Defence Act 1903 and Naval Defence Act 1910. However, the Defence Legislation Amendment Act 1988 amended these provisions by omitting the requirement that the course concerned should be one of “special” training. These amendments were made because of uncertainty as to what courses could be characterised as “special”.
This Statutory Rule brings regulations 73 and 111 into line with the corresponding provisions, as amended, in the Defence Act and Naval Defence Act, by omitting the word “special” (first occurring) from subparagraphs 73(2)(c)(i) and 111(4)(c)(i) of the Regulations.
The Statutory Rule comes into operation on the date of gazettal.