Statutory Rules
1976 No. 241
REGULATIONS UNDER THE AIR FORCE ACT 1923.*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Air Force Act 1923.
Dated this fourth day of November, 1976.
John R. Kerr
Governor-General.
By His Excellency’s Command,
(SGD) D. J. KILLEN
Minister of State for Defence.
Amendments of the Air Force Regulations†
Education allowance.
1. Regulation 634 of the Air Force Regulations is amended—
(a) by inserting in sub-regulation (2a), after the word “ State ” (wherever occurring), the words “ or Territory ”;
(b) by inserting in sub-regulation (2b), after the word “ State ”, the words “ or Territory ”; and
(c) by omitting sub-regulation (2c) and substituting the following sub-regulation:—
“ (2c) In sub-regulations (2a) and (2b), a reference to the relevant day in relation to a member shall be read as a reference to the day on which the member received notice that he was to be reposted.”.
Application.
2. The Air Force Regulations as amended by these Regulations apply, in relation to education allowance within the meaning of regulation 634 of those Regulations, in respect of any period after 31 December 1975.
* Notified in the Australian Government Gazette on 9 November 1976.
† Statutory Rules 1927. No. 161, as amended to date. For previous amendments to the Air Force see Regulations footnote † Statutory Rules 1976, No. 6; and see also Statutory Rules 1976, Nos. 6, 10, 60, 128 and 191.
Printed by Authority by the Government Printer of Australia
15220/76—Recommended retail price 10c 12/22.9.1976
Overview
The Statutory Rules 1976 No. 241, made under the Air Force Act 1923, were enacted to amend the Air Force Regulations concerning the education allowance for members of the Air Force. The enacting body for these regulations was the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council. This legislative instrument was introduced to address discrepancies in the existing regulations by clarifying the scope of the education allowance in relation to members being reposted to new locations. The policy objective was to ensure consistency and fairness in the application of education allowances across various states and territories, as well as to update the regulations to reflect changes in the administrative processes within the Air Force.
The regulations, which came into effect after 31 December 1975, specifically modified sub-regulation (2c) of regulation 634 of the Air Force Regulations to include references to territories alongside states, and to redefine the relevant day for education allowance purposes. This amendment aimed to provide a clear and comprehensive framework for the administration of education allowances, ensuring that all relevant factors were considered in a consistent manner.
Scope and Application
The Statutory Rules 1976 No. 241, made under the Air Force Act 1923, pertain to amendments in the Air Force Regulations, specifically targeting the education allowance for members. These regulations apply to any period subsequent to 31 December 1975, thereby affecting the financial support provided to members of the Australian Defence Force for educational purposes. The amendments seek to clarify and refine the application of education allowance, ensuring that references to 'State' are inclusive of 'Territory', and adjusting the timing of allowance notifications to coincide with the day members receive their redeployment notices. The regulations operate on a national level within Australia, impacting all members of the Australian Defence Force, regardless of their location within the states or territories. There are no stated exclusions or exemptions in the provided text, and any further specifications or restrictions are likely to be outlined in subordinate instruments or additional regulations.
Key Provisions
The Regulations, which were made under the Air Force Act 1923, amend the Air Force Regulations in relation to the education allowance for members of the Air Force. Regulation 634 is primarily affected, with specific changes to sub-regulations (2a), (2b) and (2c). The amendments include adding the term "Territory" to sub-regulations (2a) and (2b), thereby expanding the scope of the education allowance to cover territories in addition to states. Sub-regulation (2c) is completely replaced with a new definition, changing the reference to the relevant day from when a member is notified of their re-posting, rather than some other unspecified date. These changes apply to any period after 31 December 1975.
These Regulations impose certain obligations on the Air Force members who are eligible for the education allowance. Firstly, they must ensure they are aware of the changes in the Regulations to understand the scope of their entitlement correctly. They must also keep records of the date they received notice of their re-posting, as this becomes the relevant day for calculating the education allowance under the amended sub-regulation (2c). Furthermore, members must be aware that the allowance now extends to territories, which may affect their eligibility depending on their posting locations.
Failure to comply with the provisions of the Air Force Regulations, as amended by these Regulations, could result in consequences for the Air Force members and the Air Force administration. While the specific penalties for non-compliance are not detailed in the text provided, it is reasonable to infer that breaches of the Regulations could lead to disciplinary actions under the Air Force Act or other applicable laws. Additionally, inaccurate claims or improper use of the education allowance may result in financial penalties or the requirement to repay any incorrectly received allowances. The exact nature and severity of these penalties would depend on the specific circumstances of the breach and the internal policies of the Air Force.