Air Force Regulations (Amendment)

Administered by Department of Defence

Legislation au F1997B00681 Regulations Not in force Legislative Instrument

Legislation content

Statutory Rules

1978 No. 237

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 twenty-third day of November 1978.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

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 (1), after the definition of “ child ”, the following definition:

“ ‘ secondary school ’ means—

(a) a secondary school within the meaning of section 5 of the Student Assistance Act 1973; or

(b) a school, other than a secondary school referred to in paragraph (a), in respect of which there is in force a declaration by the Minister that the school is to be treated as a secondary school for the purposes of this regulation;”;

(b) by omitting from sub-regulations (2), (2a) and (2b) “ recognized ” (wherever occurring) ; and

 

* Notified in the Commonwealth of Australia Gazette on 30 November 1978.

† Statutory Rules 1927 No. 161 as amended to date. For previous amendments see footnote † to Statutory Rules 1978 No. 61 and see also Statutory Rules 1978 No. 23, 61, 71, 78, 89, 162, 181, 198 and 225.


(c) by omitting sub-regulations (3) to (3e) (inclusive) and substituting the following sub-regulations:

“ (3) The amount of education allowance payable to a member in respect of the attendance in a year of his child at a school is—

(a) where the child boards and resides at the secondary school at which he is undertaking his course of secondary education—the sum of the amount of boarding allowance ascertained in accordance with paragraph (3a) (a) and the amount of tuition allowance ascertained in accordance with sub-regulation (3b) ; and

(b) in any other case—the amount of boarding allowance ascertained in accordance with paragraph (3a) (b) or (c), as the case requires.

“ (3a) The amount of boarding allowance is—

(a) where the child boards and resides at the secondary school at which he is undertaking his course of secondary education—an amount equal to so much of the amount in dollars calculated in accordance with the formula—

as does not exceed the amount in dollars calculated in accordance with the formula—

where—

A is the amount to the nearest dollar equal to the sum of the fees and compulsory charges (if any) levied on, or incurred by, the member in the year in respect of the provision for the child of board and residence at the secondary school (other than so much of those fees and charges as is levied or incurred exclusively in respect of a period in respect of which education allowance is not payable to the member or during which the secondary school is in vacation) ;

B is the number of weeks (not including any period in respect of which education allowance is not payable to the member or during which the secondary school is in vacation) in the year during which the child boards and resides at the secondary school; and

C is the number of weeks in the year during which tuition is given to secondary students at the secondary school;

(b) where the child boards and resides at a guesthouse, hostel or other commercial boarding establishment—an amount equal to so much of the amount in dollars calculated in accordance with the formula—

as does not exceed the amount in dollars calculated in accordance with the formula—

where—

A is the amount to the nearest dollar equal to the sum of the fees and compulsory charges (if any) levied on, or incurred by, the member in the year in respect of the provision for the child of board and residence at the guest-house, hostel or other establishment (other than so much of those fees and charges as is levied or incurred exclusively in respect of a period in respect of which education allowance is not payable to the member or during which the secondary school at which the child is enrolled is in vacation) ;

B is the number of weeks (not including any period in respect of which education allowance is not payable to the member or during which the secondary school at which the child is enrolled is in vacation) in the year during which the child boards and resides at the guest-house, hostel or other establishment; and

C is the number of weeks in the year during which tuition is given to secondary students at the school at which the child is enrolled; and

(c) where the child boards and resides, or resides, at a place other than a school or boarding establishment of a kind referred to in paragraph (a) or (b)—so much of the sum of the fees and compulsory charges (if any) levied on, or incurred by, the member in the year in respect of the provision for the child of board and residence, or residence, at that place as does not exceed the amount in dollars calculated in accordance with the formula—

where—

B is the number of weeks (not including any period in respect of which education allowance is not payable to the member or during which the secondary school at which the child is enrolled is in vacation) in the year during which the child boards and resides, or resides, at the place; and

C is the number of weeks in the year during which tuition is given to secondary students at the school at which the child is enrolled.

“ (3b) The amount of tuition allowance is an amount equal to so much of the amount in dollars calculated in accordance with the formula—

as does not exceed the amount in dollars calculated in accordance with the formula—

where—

A is the amount to the nearest dollar equal to the sum of the fees and compulsory charges (if any) levied on, or incurred by, the member in the year in respect of the provision of tuition for the child at the secondary school (other than so much of those fees and charges as is levied or incurred exclusively in respect of tuition provided during a period in respect of which education allowance is not payable to the member) ;

B is the number of weeks (not including any period in respect of which education allowance is not payable to the member) in the year during which the child receives tuition at the secondary school; and

C is the number of weeks in the year during which tuition is given to secondary students at the secondary school.

“ (3c) A reference in paragraph (3a) (a) to a child who boards and resides at the secondary school at which he is undertaking his course of secondary education includes a reference to a child who boards and resides at a hostel maintained by the school for the purpose of providing board and residence for children attending the school.”;

(d) by omitting sub-regulation (5) ; and

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

“ (7) Education allowance payable in accordance with this regulation may be paid in 3 instalments, each instalment being—

(a) payable at the end of a school term; and

(b) in respect of each of the first 2 instalments—an amount that does not exceed the prescribed amount.

“ (8) For the purposes of paragraph (7) (b), the prescribed amount, in respect of the attendance in a year of a child at a school, is an amount equal to one-third of the amount that would be payable in respect of the child in accordance with sub-regulation (3) if the attendance in that year of the child at the school were deemed to be attendance of the child at the school in the year immediately preceding that year.”.

Application

2. (1) Education allowance is payable in accordance with the provisions of regulation 634 of the Air Force Regulations, as amended by regulation 1, in respect of the attendance of a child at a school during the year that commenced on 1 January 1976 and during any subsequent year.

(2) In the application of regulation 634 of the Air Force Regulations, as amended by regulation 1, to and in relation to the attendance of a child at a school during the year that commenced on 1 January 1976—

(a) paragraph 634 (3a) (a) shall be read as if there were substituted “ 295 ” for “ 330 ” and “ 1230 ” for “ 1300 ”;

(b) paragraph 634 (3a) (b) shall be read as if there were substituted “ 450 ” for “ 510 ” and “ 1180 ” for “ 1470 ”;

(c) paragraph 634 (3a) (c) shall be read as if there were substituted “ 600 ” for “ 790 ”; and

(d) sub-regulation 634 (3b) shall be read as if there were substituted “ 50 ” for “ 100 ” and “ 1300 ” for “ 1460 ”.

Adjustment in certain cases

3. In respect of education allowance payable to a member in respect of the attendance of a child at a school during the period that commenced on 1 January 1976 and ends on the day that is—

(a) where these Regulations come into operation on a day that is part of a school term for that school—the last day of that school term; or

(b) in any other case—the last day of the immediately preceding school term,

the amount of education allowance payable to the member shall be the greater of the following amounts:

(c) the amount payable to the member under the Air Force Regulations as in force before the commencement of these Regulations;

(d) the amount payable to the member under the Air Force Regulations as amended by these Regulations.

Overview

Statutory Rules 1978 No. 237, known as the Regulations under the Air Force Act 1923, was enacted by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, on 23 November 1978. This legislation was introduced to address specific financial provisions related to the education of children of members of the Australian Defence Force. The Regulations amend the existing Air Force Regulations to adjust the education allowance payable to members of the Australian Defence Force in respect of their children attending secondary schools. The objective of these amendments is to ensure that the education allowance reflects current costs and provides appropriate financial support for the education of the children of Defence Force members. The enacting body for these Regulations is the Parliament of Australia, which delegated the power to the Governor-General to make these Regulations under the authority of the Air Force Act 1923. The policy objective of these amendments is to provide clarity and update the financial provisions related to education allowances to ensure they meet the current needs of Defence Force members and their families. The Regulations specifically address the definition of 'secondary school' and the calculation of education allowances, including boarding and tuition allowances, to ensure they are fair and reflective of current costs.

Scope and Application

The Statutory Rules 1978 No. 237, made under the Air Force Act 1923, primarily concern the adjustment of education allowances payable to members of the Australian Defence Force for the education of their children at secondary schools. These regulations apply to members of the Australian Defence Force and their dependent children who attend secondary schools, including those designated as secondary schools under the Student Assistance Act 1973 or those declared by the Minister to be treated as such. The regulations adjust the definitions, formulae, and payment structures for education allowances, ensuring that they remain consistent with changes in educational structures and financial requirements. The scope of these regulations is national, applying across Australia as they pertain to a federal act. There are no explicit exclusions or exemptions mentioned within the text, though the specific conditions for eligibility and the amounts payable are tightly regulated. The application of these regulations may be further refined through subordinate instruments, which could provide additional details or clarifications to ensure precise implementation and adherence to the legislative intent.

Key Provisions

The key operative sections of the Air Force Regulations (Amendment) Regulations 1978 (Cth) focus on adjustments to the education allowance payable to members of the Australian Defence Force (ADF) in respect of their children's attendance at secondary schools. Regulation 1 amends Regulation 634 of the Air Force Regulations by inserting new definitions and formulae for calculating education allowances, specifying how these allowances are to be paid and adjusted. Specifically, sub-regulations (1) and (3) of Regulation 634 now define "secondary school" and detail the calculations for boarding and tuition allowances, while sub-regulations (7) and (8) provide for the payment of these allowances in three instalments. These amendments impose specific obligations on ADF members and the ADF to ensure that the correct calculations are made and payments are issued in accordance with the new provisions. The members must provide accurate information about their children's attendance at schools and the fees and charges incurred, while the ADF is responsible for applying the correct formulae and making the appropriate payments in three instalments. Breaches of these regulations may lead to various consequences, though the specific offences, penalties, or consequences are not detailed in the text. Generally, non-compliance with regulations governing financial allowances could result in administrative actions, such as audits or investigations, and potential financial penalties if found to be in breach of the statutory provisions.

Legal classification tags

Area of Law
Administrative Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
Compliance Obligations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.