EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 95
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.
Regulations 556L to 564 of the Regulations provided for the allotment of the salary of members of the Air Force. These provisions enabled members to make voluntary allotments from their salary, dealt with compulsory deductions, and provided for the temporary continued payment of allotments where members died or were reported missing on active service.
The Attorney-General’s Department advised that legislative cover for voluntary allotments was unnecessary and that the provision that dealt with voluntary allotments was therefore redundant. In addition, the provisions that dealt with compulsory deductions have been progressively superseded by other legislation (including the attachment of salaries provision in section 120B of the Defence Act 1903, the maintenance provisions in the Family Law Act 1973 and Child Support Act 1988, the reparation provision in section 84 of the Defence Force Discipline Act 1982 and the damage to public
property provisions in Part XIIA of the Audit Act 1901). The provision that dealt with members of the Defence Force who die or are reported missing on active service has also been superseded, by the Defence Force Retirement and Death Benefits Act 1973, which ensures payment of pension to dependants once death is established. (Full salary accrues until death is established.)
The Statutory Rule repeals Division 4 of Part XI of the Regulations, which contains only the unnecessary regulations 556L to 564. However, a savings provision ensures that the repeals do not affect the ability of members to make voluntary allotments, and that existing allotments will not have to be remade.
The Statutory Rule comes into operation on the date of gazettal.
Overview
The Air Force Regulations (Amendment) Statutory Rules 1990 No. 95, issued by the authority of the Minister for Defence Science and Personnel, address the redundancy of certain provisions within the Air Force Regulations, which were originally made under the Air Force Act 1923. The primary objective of these regulations is to streamline and modernise the administrative framework of the Air Force by repealing outdated and superseded provisions, particularly those related to salary allotments, compulsory deductions, and benefits for members who die or are reported missing on active service. The Attorney-General’s Department highlighted that the legislative cover for voluntary allotments was unnecessary, as it had been rendered obsolete by other legislative developments, including provisions in the Defence Act 1903, the Family Law Act 1973, the Child Support Act 1988, the Defence Force Discipline Act 1982, and the Audit Act 1901. Additionally, the Defence Force Retirement and Death Benefits Act 1973 now ensures comprehensive pension payments to dependants upon the establishment of a member's death. The repeal of Division 4 of Part XI of the Regulations is effective from the date of gazettal, with savings provisions ensuring continuity for existing allotments and voluntary allotments.
Scope and Application
The Air Force Regulations (Amendment) Statutory Rules 1990 No. 95 pertain to the organisation and administration of the Australian Air Force, specifically addressing the allotment of salaries for its members. This legislation, issued under the authority of the Minister for Defence Science and Personnel, aims to streamline and modernise the existing regulatory framework by repealing certain provisions that have become redundant or have been superseded by other legislation. The repealed sections, namely regulations 556L to 564, previously covered voluntary allotments of salary, compulsory deductions, and temporary continued payment of allotments in the event of a member’s death or being reported missing on active service. These provisions have been deemed unnecessary due to advancements in related legislation, such as the Defence Act 1903, the Family Law Act 1973, the Child Support Act 1988, the Defence Force Discipline Act 1982, and the Audit Act 1901. A savings provision within the Statutory Rule ensures that the repeal does not disrupt the ongoing allotments or the ability of Air Force members to make voluntary allotments, thereby maintaining continuity in salary management practices.
Key Provisions
The Air Force Regulations (Amendment) Statutory Rules 1990 No. 95, issued under the authority of the Minister for Defence Science and Personnel, amends the Air Force Regulations made under the Air Force Act 1923. Specifically, it addresses the allotment of salary for members of the Air Force, repealing certain provisions in Division 4 of Part XI of the Regulations, namely regulations 556L to 564. Regulation 556L dealt with the voluntary allotment of salary, while regulations 556M to 564 addressed compulsory deductions and the continued payment of allotments under specific circumstances.
These regulations were deemed redundant due to advice from the Attorney-General’s Department, which stated that legislative cover for voluntary allotments was unnecessary. Additionally, the provisions concerning compulsory deductions have been superseded by other legislation, such as the Defence Act 1903, the Family Law Act 1973, the Child Support Act 1988, the Defence Force Discipline Act 1982, and the Audit Act 1901. The provision relating to members who die or are reported missing on active service has also been rendered obsolete by the Defence Force Retirement and Death Benefits Act 1973, which ensures pension payments to dependants once death is established, with full salary accruing until that determination.
The amendment does not affect existing allotments or the ability of members to make voluntary allotments, as a savings provision has been included to maintain these aspects. The repeals and savings provisions ensure that members' rights and entitlements are preserved despite the changes. The Statutory Rule comes into effect on the date of its gazettal, thus updating the legislative framework governing the allotment of salaries within the Air Force.
Under the amended Regulations, the obligations of the Air Force and its members are streamlined, removing outdated provisions that have been superseded by more comprehensive and specific legislation. The Regulations now focus solely on the necessary aspects of salary allotment while ensuring that existing arrangements remain unaffected. This amendment ensures that the Air Force Regulations remain relevant and aligned with current legislative standards.
In terms of consequences for breach, the Statutory Rules do not explicitly detail offences, penalties, or civil/criminal consequences for non-compliance with the repealed provisions. However, any continued reliance on the repealed regulations post-amendment could lead to administrative errors or legal challenges. It is important for all parties to ensure compliance with the updated legislative framework to avoid any potential issues. The savings provision mitigates these risks by preserving existing allotments and rights, thus ensuring a smooth transition.