Air Force Regulations (Amendment)

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1980 No. 313

INTERIM DETERMINATION UNDER THE DEFENCE AMENDMENT ACT 19791

I, the Minister of State for Defence, hereby make the following Interim Determination under section 12 of the Defence Amendment Act 1979.

Dated this seventeenth day of October 1980.

D. J. KILLEN

Minister of State for Defence

AMENDMENTS OF THE AIR FORCE REGULATIONS2

Interpretation

1. Regulation 4 of the Air Force Regulations is amended —

(a) by omitting from the definition of “married member”, “male”;

(b) by omitting from sub-regulation (3) “wife” and substituting “spouse”;

(c) by omitting from sub-regulation (5) “wife” and “female” (wherever occurring) and substituting “spouse” and “person” respectively; and

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

“(10) In these Regulations, a reference to a male member and a female member who are jointly maintaining a home for their dependants includes a reference to a male and a female member jointly providing one home for their dependants whether or not both members reside in that home.

“(11) In these Regulations, a reference to a member married to another member includes a member who has a de facto spouse.”.

Particulars of living conditions

2. Regulation 571C is amended —

(a) by omitting from sub-regulation (1) “wife” and substituting “spouse”; and

(b) by omitting from sub-regulation (2) “wife” and substituting “spouse”.

Repeal

3. Regulation 586 of the Air Force Regulations is repealed.

Removal of member’s family, furniture and effects

4. Regulation 608 of the Air Force Regulations is amended —

(a) by omitting sub-regulation (1);

(b) by omitting from sub-regulation (2) “Where a member’s family or his household furniture and effects are removed under sub-regulation (1)—” and substituting “Subject to this regulation, where a member’s family or his household furniture and effects are removed from one locality to another locality at Commonwealth expense or where a member dies and, after his death, a member of his family or the furniture and effects of that member of his family are removed at the expense of the Commonwealth—”;

(d) by omitting paragraph (b) of sub-regulation (2); and

(e) by omitting from sub-paragraph (i) of paragraph (b) of sub-regulation (4), “wife” and substituting “spouse”.

Medical and dental treatment—member’s family oversea

5. Regulation 631 of the Air Force Regulations is amended by omitting “wife” (wherever occurring) and substituting “spouse”.

Allowances for members serving outside Australia

6. Regulation 633 of the Air Force Regulations is amended by inserting “, or the family of a member who dies while so serving,” after “Australia”.

Allowance in respect of secondary scholarship lost on posting

7. Regulation 633B of the Air Force Regulations is amended—

(a) by omitting from sub-regulation (1) “Subject to sub-regulation (4), where—” and substituting “Subject to sub-regulation (4) and regulations 634A, 634B, 634C, 634D and 634E where—”; and

(b) by omitting from paragraph (b) of sub-regulation (1) “married” and “under regulation 608”.

Education allowance

8. Regulation 634 of the Air Force Regulations is amended —

(a) by omitting from paragraph (a) of sub-regulation (2) “under regulation 608” and substituting “from one locality to another locality”;

(b) by omitting from sub-paragraph (i) of paragraph (a) of sub-regulation (2D) “under regulation 608” and substituting “at public expense from one locality to another locality”;

(c) by omitting from paragraph (b) of sub-regulation (2E) “under regulation 608” and substituting “from one locality to another locality”; and

(d) by omitting from paragraph (a) of sub-regulation (2F) “under regulation 608”.

9. The Air Force Regulations are amended by inserting after regulation 634 the following regulations:

Members of different ranks jointly maintaining a home

“634A. Where a male member and a female member who hold different ranks are jointly maintaining a home for their dependants and both would, but for this regulation, have an entitlement to an allowance under regulation 633B, the member who holds the lower rank shall not be entitled to that allowance.

Members of like rank jointly maintaining a home

“634B. Where a male member and a female member who hold the same rank are jointly maintaining a home for their dependants and both would, but for this regulation, have an entitlement to an allowance under regulation 633B, the member with the lower seniority in that rank shall not be entitled to that allowance.

Member married to a member of the Navy

“634C. Where a member who is entitled to an allowance under regulation 633B is jointly maintaining a home with a member of the Navy who is his spouse and that spouse is or becomes entitled to an allowance under regulation 121A of the Naval Financial Regulations, regulation 634A or 634B, as appropriate, applies as though that member of the Navy was a member of the Air Force holding a rank corresponding to his rank in the Air Force and had an entitlement to an allowance under regulation 633B.

“634D. For the purposes of regulations 634A, 634B and 634C, where a member is married to another member and each member maintains a home for his or her dependants, or they jointly maintain more than one home for their dependants, the members shall nominate the home to be considered as the home jointly maintained by them for their dependants.

“634E. Where the members referred to in regulation 634D do not nominate the home to be considered as the home jointly maintained by them for their dependants, each member shall not be entitled to an allowance under regulation 633B.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 28 October 1980.

2. Statutory Rules 1927 No. 161 as amended to date. For previous amendments see Note 2 to Statutory Rules 1980 No. 2 and see also Statutory Rules 1980 Nos. 2, 35, 40, 41, 129, 146, 151, 152, 153, 176, 221, 224, 246, 250, 301 and 306.+

Overview

The Interim Determination under the Defence Amendment Act 1979, dated 17 October 1980, was enacted by the Minister of State for Defence, D. J. Killen, to amend the Air Force Regulations. This legislation aimed to address gaps in the existing regulations by ensuring gender neutrality and inclusivity in various aspects of military life. The amendments were made to reflect contemporary societal norms by updating terminology and broadening the scope of coverage to include all members of the armed forces, regardless of gender or marital status. The policy objective was to modernise the legal framework governing the Air Force, making it more equitable and reflective of the diverse nature of the Defence Force. This legislative instrument introduced several key changes, including the replacement of gender-specific terms with gender-neutral ones, the expansion of definitions to include de facto relationships, and the introduction of new regulations to manage allowances and entitlements for members in various family and living situations. These amendments sought to provide clarity and fairness in the application of allowances and benefits, ensuring that all members received equal consideration under the law. The determination was designed to align the Air Force Regulations more closely with broader societal changes and to support the Defence Force's mission by fostering an inclusive and supportive environment for all members.

Scope and Application

This Interim Determination under the Defence Amendment Act 1979 applies to members of the Australian Defence Force (ADF), specifically the Air Force, and their families. It amends the Air Force Regulations to update terminology and definitions relating to family and marital status to be gender-neutral and inclusive of de facto relationships. These changes include replacing references to "wife" and "married member" with "spouse" and removing references to "male" and "female" where appropriate. The amendments also address provisions related to living conditions, removal of family, furniture, and effects, medical and dental treatment, allowances, and education benefits to reflect the updated definitions and include provisions for members of different ranks or services who jointly maintain a home for their dependants. The changes are applicable nationally as they pertain to the Commonwealth's Air Force Regulations. The Interim Determination does not explicitly state any exclusions, exemptions, or thresholds, but it does clarify specific conditions under which entitlements and allowances apply, thereby indirectly setting parameters for eligibility. The application of the Act may be further detailed or extended through subsequent subordinate instruments or regulations.

Key Provisions

The main operative sections of this Interim Determination, under section 12 of the Defence Amendment Act 1979, concern amendments to the Air Force Regulations (sub-regulations 4, 571C, 586, 608, 631, 633, 633B, and 634, as well as the insertion of new sub-regulations 634A, 634B, 634C, 634D, and 634E). These amendments introduce gender-neutral language and redefine terms such as "married member" and "spouse," ensuring the Regulations apply to all members of the Air Force, irrespective of gender or marital status. Additionally, the amendments address the relocation of members' families, furniture, and effects, and modify allowances for members serving outside Australia and their families. The Interim Determination imposes several obligations on the parties governed by the Air Force Regulations. Firstly, it requires that all references to gender-specific terms be updated to gender-neutral terms, such as replacing "wife" with "spouse" and "male member" with "member." Secondly, it mandates the removal of Regulation 586, which previously outlined specific conditions for the removal of a member's family, furniture, and effects. Thirdly, it introduces new provisions concerning the eligibility of members for certain allowances based on rank and seniority when jointly maintaining a home with a spouse. Members must also nominate the primary home for dependants if they jointly maintain more than one home. Failure to comply with the provisions of the Air Force Regulations as amended by this Interim Determination may result in various civil or administrative consequences, depending on the specific breach. However, the legislation does not explicitly state penalties for non-compliance. It is likely that breaches would be dealt with under the general administrative law principles or specific Defence Force regulations, which may include disciplinary actions, financial penalties, or other corrective measures as deemed appropriate by the Defence Force authorities. This Interim Determination serves to update and modernise the Air Force Regulations, ensuring they are inclusive and reflective of contemporary societal norms. It streamlines the language used and removes outdated provisions while introducing new rules to address the changing needs of Air Force members and their families. By doing so, it aims to provide a fair and equitable framework for the administration and support of Air Force personnel.

Area of Law: Defence Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Repeal & Amendment; Regulatory Standards

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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.

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