Statutory Rules
1979 No. 49
REGULATIONS UNDER THE AIR FORCE ACT 19231
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 March 1979.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
J. E. McLEAY
Minister of State for Administrative Services
for and on behalf of the Minister of State for Defence
_______________
AMENDMENTS OF THE AIR FORCE REGULATIONS2
1 Education allowance
Regulation 634 of the Air Force Regulations is amended–
(a) by omitting from paragraph (a) of sub-regulation (3A) “330” and “1300” and substituting “320” and “1430” respectively;
(b) by omitting from paragraph (b) of sub-regulation (3A) “510” and “1470” and substituting “500” and “1575” respectively;
(c) by omitting from paragraph (c) of sub-regulation (3A) “790” and substituting “800”; and
(d) by omitting from sub-regulation (3B) “100” and “1460” and substituting “115” and “1475” respectively.
2 Application
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 1978 and during any subsequent year.
3 Adjustment in certain cases
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 1978 and ends on a 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 is 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.
1. Notified in the Commonwealth of Australia Gazette on 29 March 1979.
2. Statutory Rules 1927 No. 161 as amended to date. For previous amendments see Note 2 to Statutory Rules 1979 No. 19 and see also Statutory Rules 1979 No. 19 and 31.
Overview
The Statutory Rules 1979 No. 49, under the Air Force Act 1923, were enacted to amend the Air Force Regulations, specifically addressing the education allowance for members of the Australian Defence Force. This legislative instrument was made by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The primary objective of these regulations was to adjust the education allowance payable to members for the attendance of their children at school, effective from the year starting on 1 January 1978 and any subsequent years. This adjustment was designed to ensure that the education allowance provided to members was accurately reflecting the changing costs associated with school attendance during the specified period.
Scope and Application
The Air Force Regulations, amended by Statutory Rules 1979 No. 49, apply to members of the Australian Defence Force who are eligible for an education allowance under the Air Force Act 1923. The regulations primarily concern the adjustment and payment of education allowances for children attending school during the year starting on 1 January 1978 and subsequent years. The amendments focus on the financial parameters of the education allowance, altering specific amounts based on various conditions such as the number of children and their respective school terms. The application of these regulations is limited to the Australian Defence Force and does not extend to other entities or individuals outside this scope. The regulations are enacted at the Commonwealth level and thus have a national jurisdictional reach, governing the allowances across the entire country. No specific exclusions or thresholds are mentioned in the regulations themselves, but the applicability of the education allowance is contingent on the terms specified within regulation 634 as amended. The scope of the regulations can be further defined or extended through subordinate instruments, which may provide additional details or specific circumstances under which the allowances are to be adjusted or paid.
Key Provisions
The main operative sections of the Regulations under the Air Force Act 1923 (the Regulations) pertain to the amendment of education allowance provisions. Regulation 1 amends the Air Force Regulations by adjusting the amounts specified in various paragraphs of sub-regulation (3A) and (3B) of regulation 634, which deals with education allowances for members of the Air Force and their dependents. These amendments are effective for the year that commenced on 1 January 1978 and any subsequent years (Regulation 2). Additionally, Regulation 3 provides for an adjustment in the amount of education allowance payable to members in certain cases, ensuring that the amount payable is the greater of the amount under the previous regulations or the amended regulations, depending on the specific circumstances (Regulation 3).
The Regulations impose obligations on the parties they govern, primarily concerning the payment of education allowances. Specifically, they require that education allowance be paid in accordance with the amended provisions of regulation 634 (Regulation 2). The amendments specify the amounts payable under different circumstances, ensuring that members of the Air Force and their dependents receive the correct amount of education allowance. The Regulations also detail the process for determining the amount of education allowance in cases where the Regulations come into effect during a school term or at another time (Regulation 3).
Breach of these Regulations could result in civil or criminal consequences, although the specific offences, penalties, or consequences are not detailed within the text of these Regulations. Typically, non-compliance with regulations governing financial entitlements could lead to legal action, including potential fines or other penalties as prescribed by the relevant legislation. The maximum penalties, if applicable, would be determined by the provisions of the Air Force Act 1923 or other relevant laws.