Statutory Rules
1977 No. 5
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 thirteenth day of January, 1977.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
D. J. KILLEN
Minister of State for Defence.
Amendments of the Air Force Regulations†
Definitions.
1. Regulations 577, 578, 579, 580, 581, 583 and 585 of the Air Force Regulations are repealed and the following regulations substituted:—
“ 577. In this Division—
‘authorized journey’ means a journey made by a member—
(a) where, in accordance with a direction given by the proper Service authority, he visits a place within Australia, other than his normal place of duty, for the purpose of performing duty at that other place and that visit necessitates his absence overnight from his normal place of residence;
(b) where, while serving at a place within Australia, he is posted for duty to another place within Australia, and the time necessarily involved in travelling from the first-mentioned place to that other place for the purpose of taking up duty extends overnight; or
* Notified in the Australian Government Gazette on 19 January 1977.
† Statutory Rules 1927, No. 161 as amended by Statutory Rules 1928, Nos. 52 and 109; 1929, Nos. 75 and 114; 1930, Nos. 77, 94 and 135; 1931, Nos. 3, 78 and 115; 1932, Nos. 9, 63 and 133; 1933, Nos. 16, 46, 58, 82, 89 and 117; 1934, Nos. 25, 51, 74, 81, 122 and 125; 1935, Nos. 32 and 98; 1936. No. 17; 1937. No. 21; 1938, Nos. 12, 13, 22, 48, 77, 97 and 120; 1939, Nos. 21, 64 and 142; 1940, Nos. 31, 53, 75, 114, 125, 140, 220, 241 and 279; 1941, Nos. 68, 106, 137, 181 and 228; 1942, Nos. 29, 158, 232, 254, 746, 383, 416, 440, 441, 476 and 543; 1943. Nos. 119 and 198; 1944, Nos. 34, 50, 64, 75, 146 and 153; 1945, Nos. 49, 79, 95, 105, 196 and 201; 1946, Nos. 40, 111, 145 and 162; 1947, No. 22; 1948, Nos. 34, 51, 67, 86 and 152; 1949, Nos. 82, 86 and 115; 1950. No. 66; 1952, Nos. 14, 34, 49 and 86; 1954, Nos. 30 and 132; 1955, Nos. 36, 41 and 92; 1956, Nos. 19 and 43; 1958, No. 62; 1959, No. 100; 1960, No. 52; 1961, Nos. 7, 14, 28, 46, 88, 95, 126, 131 and 138; 1962, No. 24; 1963, Nos. 63, 64, 76, 91, 114, 116 and 117; 1964, Nos. 9, 13, 47, 94 and 99; 1965, Nos. 9, 10, 25, 57, 58, 77, 141, 142, 143, 153 and 166; 1966, Nos.4, 30, 127 and 150; 1967, Nos. 11, 39, 104 and 171; 1968. Nos. 90, 98, 140 and 155, 1969, Nos. 3, 116, 117, 148 and 180; 1970, Nos. 2, 37, 117, 132 and 156; 1971, Nos. 29, 50, 78, 121, 153 and 169; 1972, Nos. 16, 28, 54, 87, 89, 91 and 144; 1973, Nos. 96, 97, 98, 100 (r.32), 172, 199, 200, 246 and 256; 1974, Nos. 76, 79, 90, 160, 202 and 257; 1975, Nos. 3, 38 and 56; and 1976, Nos. 6, 10, 60, 128, 191, 241 and 257.
(c) where, preparatory to or immediately after the termination of his service otherwise than on disciplinary grounds or on the ground that he is medically unfit through his own fault, he travels to a place within Australia at the expense of the Commonwealth and the time necessarily involved in his travelling extends overnight;
‘ capital city ’ means Canberra, the metropolitan area of the capital city of a State, or Darwin;
‘member’ includes a former member.
Period of authorized journey.
“ 578. The period of an authorized journey is—
(a) in respect of an authorized journey to which paragraph (a) of the definition of ‘authorized journey’ applies—the period from the time of the member’s departure from his normal place of duty to the time of his return to that place;
(b) in respect of an authorized journey to which paragraph (b) of the definition of ‘authorized journey’ applies—the period from the time of his departure from his former place of duty to the time of his arrival at the place to which he has been posted; or
(c) in respect of an authorized journey to which paragraph (c) of the definition of ‘authorized journey’ applies—the period from the time of his departure from his last place of duty or the place where his service was terminated, as the case may be, to the time of his arrival at the place to which he was travelling at the expense of the Commonwealth.
Allowances payable in respect of authorized journey.
“ 579. (1) Subject to sub-regulations (6) and (7) and regulation 580, where a member makes an authorized journey, there is payable to the member, by way of travelling allowance, in respect of each period of a meal specified in column 1 of the following table that is included in the period of the authorized journey—
(a) in the case of a member who holds the rank of Air Commodore or a higher rank—whichever of the amounts specified in columns 2 and 3 of the table is applicable; or
(b) in the case of a member who holds the rank of Group Captain or a lower rank—whichever of the amounts specified in columns 4 and 5 of the table is applicable:—
Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
Meal | Amount for capital city—Air Commodore or any higher rank | Amount other than for capital city—Air Commodore or any higher rank | Amount for capital city—Group Captain or any lower rank | Amount other than for capital city—Group Captain or any lower rank |
| $ | $ | $ | $ |
Breakfast. | 3.00 | 2.50 | 2.00 | 2.00 |
Lunch... | 3.50 | 3.00 | 2.00 | 2.00 |
Dinner.. | 6.00 | 4.50 | 4.20 | 3.50 |
“ (2) Subject to sub-regulations (6) and (7) and regulation 580, where a member makes an authorized journey, there is payable to the member, by way of travelling allowance, in respect of his accommodation expenses in respect of each night during that journey—
(a) in the case of a member who holds the rank of Air Commodore or a higher rank—whichever of the amounts specified in columns 1 and 2 of the following table is applicable; or
(b) in the case of a member who holds the rank of Group Captain or a lower rank—whichever of the amounts specified in columns 3 and 4 of the following table is applicable:—
Column 1 | Column 2 | Column 3 | Column 4 |
Amount for capital city—Air Commodore or any higher rank. | Amount other than for capital city—Air Commodore or any higher rank | Amount for capital city—Group Captain or any lower rank | Amount other than for capital city—Group Captain or any lower rank |
$ | $ | $ | $ |
21.00 | 13.00 | 15.50 | 9.95 |
“ (3) Subject to sub-regulations (6) and (7) and regulation 580, where a member makes an authorized journey, there is payable to him, by way of travelling allowance, in respect of his incidental expenses, the amount of $3.50, if he holds the rank of Air Commodore or a higher rank, or the amount of $2.80, if he holds the rank of Group Captain or a lower rank—
(a) for each continuous 24-hour period during that authorized journey, and for the period from the end of the last such 24-hour period to the conclusion of the authorized journey; or
(b) for that authorized journey, if the duration of the journey is less than 24 hours.
“ (4) Whether an amount applicable to a member under sub-regulation (1) or (2) is the amount for a capital city, shall be determined—
(a) in respect of accommodation expenses—by reference to the place where he was accommodated overnight;
(b) in respect of a period of a meal included in a day other than the day on which the authorized journey ends—by reference to the place in which he was at the end of the day; or
(c) in respect of a period of a meal included in the day on which the authorized journey ends—by reference to the place in which he was at the beginning of the day.
“ (5) An amount payable to a chaplain under this regulation shall be—
(a) in the case of a chaplain who holds an appointment of Principal Air Chaplain—the amount payable to a member who holds the rank of Air Commodore or a higher rank; or
(b) in any other case—the amount payable to a member who holds the rank of Group Captain or a lower rank.
“ (6) In respect of an authorized journey where a member travels by other than normal means of transport, amounts payable to the member by way of travelling allowance shall be determined by the Minister and payment shall be subject to such conditions as the Minister determines.
“ (7) Where, during an authorized journey, a member has resided in a place continuously for 21 days and, after the following midnight, continues to reside there for a further period, he shall not be entitled to any payments under sub-regulation (1), (2) or (3) in respect of that further period or in respect of the further period referred to in sub-regulation 583 (1).
“ (8) For the purposes of this regulation the period of a meal is the period commencing at—
(a) in respect of breakfast—7 o’clock in the morning;
(b) in respect of lunch—1 o’clock in the afternoon; or
(c) in respect of dinner—7 o’clock in the evening.
“ (9) Where the period of an authorized journey commences after the commencement of the period of a meal, the period of that meal is not included in the period of the authorized journey.
“ (10) Where the period of an authorized journey ends after the commencement of the period of a meal, the period of that meal is included in the period of the authorized journey.
“ (11) In respect of an authorized journey undertaken by a former member, the rank of the former member shall be deemed to be the rank held by that former member immediately before the termination of his service.
“ (12) Where a member is promoted in the course of an authorized journey, the amount, if any, payable to him—
(a) in respect of his accommodation expenses in respect of the night in which the promotion takes effect; or
(b) in respect of incidental expenses for the 24-hour period in which the promotion takes effect,
is the amount payable in respect of the rank from which he was promoted.
Member ineligible for allowances in certain circumstances.
“ 580. (1) Sub-regulation 579 (1) does not apply where a member makes an authorized journey and the fare paid for the journey includes payment for meals or the member is provided with meals at the expense of the Commonwealth.
“ (2) Sub-regulations 579 (1) and (2) do not apply where the member who makes an authorized journey is a category 0 member who lives in in service accommodation and is charged rations and quarters charge in accordance with regulation 19 of the Defence Force (Salaries) Regulations.
“ (3) Sub-regulation 579 (2) does not apply where a member makes an authorized journey and—
(a) the fare paid for the journey includes accommodation;
(b) the member is provided with accommodation at the expense of the Commonwealth; or
(c) the journey includes overnight travel.
“ (4) Where a member, during part of an authorized journey—
(a) is in hospital;
(b) lives in in service accommodation;
(c) serves aboard a sea-going ship;
(d) serves in the field;
(e) serves as a member of a survey party, a construction party or a force on exercises; or
(f) travels as one of an organized body of members,
he shall not be paid an amount under sub-regulation 579 (3) in respect of that part, unless the Minister approves the payment on the ground that significant incidental expenses have been incurred, or are likely to be incurred, by the member during that period.
“ (5) In sub-regulation (4) ‘sea-going ship’ has the same meaning as in the Defence Force (Salaries) Regulations.
“ (6) Where a member unnecessarily or for private reasons breaks an authorized journey, he shall be deemed to have continued his journey as if
he had not done so, and the amounts due to him by way of travelling allowance in respect of his journey shall be calculated accordingly.
Allowances to be calculated as determined by Minister.
“ 581. (1) Where, during an authorized journey, a member has resided continuously in one place for 21 days and, after the following midnight, continues to reside there for a further period, he shall be entitled to payments, by way of travelling allowance in respect of that place and that further period, calculated in such manner as the Minister determines in accordance with sub-regulation 582 (1).
“ (2) Where a member leaves a place in respect of which he is entitled to payments under sub-regulation (1), the further period referred to in sub-regulation (1) shall be deemed to end—
(a) at midday on the day on which the member leaves that place; or
(b) if the member returns to his normal place of duty on that day, at the end of that day.
“ (3) Where the Minister is satisfied that the amounts payable to a member under sub-regulation (1) or regulation 579 are insufficient to cover any expenses reasonably incurred by the member during an authorized journey, the member shall be paid, in respect of those expenses, such additional amounts as the Minister determines, in accordance with regulation 582, are necessary to meet those expenses.
Determination by Minister under regulation 581.
“ 582. (1) A determination under sub-regulation 581 (1) shall provide for the effect on the calculation of a payment under that sub-regulation of the following matters:—
(a) having regard to the status of the member—the reasonable costs of accommodation and subsistence in the locality;
(b) the expenses actually incurred by the member for accommodation and subsistence;
(c) incidental expenses incurred by the member that would not be incurred if the member were residing at his usual residence;
(d) where the locality in which the member has resided continuously for more than 21 days is a locality in respect of which district allowance is payable—the amount by which that allowance exceeds the district allowance (if any) payable in respect of the district in which the member normally resides;
(c) the expenses (if any) incurred by the member in maintaining in his absence the residence in which he normally resides;
(f) the expenses (if any) incurred by the member in retaining in his absence the lodgings in which he normally resides;
(g) any living expenses usually incurred by the member which are not incurred by virtue of his absence from his normal place of residence.
“ (2) In making a determination under sub-regulation 581 (3), the Minister shall have regard to the matters referred to in paragraphs (1) (a), (b) and (c).
Resumption of allowances payable under regulation 581.
“ 583. (1) Where a member who leaves a place, in respect of which he is entitled to payments under sub-regulation 581 (1), to take up duty elsewhere—
(a) is informed by the proper Service authority, before he leaves that place, that his absence from that place will not exceed one week; and
(b) is so absent for not more than one week,
the member shall, after his return for a further period of residence in that place, be entitled to payments in respect of that further period as if that further period were part of the further period referred to in sub-regulation 581 (1).
“ (2) For the purposes of sub-regulation (1), a member shall be deemed to have returned at the end of the day of his return.
Allowance for retention of lodgings.
“ 584. Where a member is absent from a place in respect of which he is entitled to payments under sub-regulation 581 (1), he shall be entitled to the payment of an allowance sufficient to cover the cost of retaining lodgings in that place during his absence—
(a) where he is absent in such circumstances that sub-regulation 583 (1) applies to him; or
(b) having left that place in such circumstances that paragraph 583 (1) (a) applies to him, he is absent from the place for more than one week as a result of injury or ill-health, instructions received from the proper Service authority or any occurrence that renders his return impossible or impractical.”.
Repeal.
2. Regulations 588, 589, 590, 591, 592, 594 and 596 of the Air Force Regulations are repealed.
Determinations by the Minister under former provisions.
3. A determination or other instrument of the Minister under, or for the purposes of, sub-regulation 579 (2), 578 (3) or 590 (9) of the Air Force Regulations as in force immediately before the commencement of these Regulations shall have effect as if it were a determination made by the Minister under sub-regulation 579 (6), 581 (1) or 581 (3), as the case may be, of the Air Force Regulations as amended by these Regulations.
Application.
4. (1) Subject to sub-regulation (2), the Air Force Regulations as amended by these Regulations apply in relation to an authorized journey, or part of an authorized journey, made after 3 September 1975.
(2) In respect of an authorized journey, or part of an authorized journey, made after 3 September 1975 but before the commencement of these Regulations, the amount payable to the member shall be the greater of the following amounts:—
(a) the amount payable to the member under the Air Force Regulations as in force before the commencement of these Regulations;
(b) the amount payable to the member under the Air Force Regulations as amended by these Regulations.