Statutory Rules
1976 No. 128
REGULATIONS UNDER THE AIR FORCE ACT 1923-1975.*
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 1923-1975.
Dated this twenty-third day of June, 1976.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
J. E. McLEAY
Minister of State for Construction for and on behalf of the Minister of State for Defence.
————
Amendments of the Air Force Regulations†
Commencement.
1. These Regulations shall be deemed to have come into operation on 7 April 1975.
Repealed regulation 627.
2. Regulation 627 of the Air Force Regulations is repealed.
Dental treatment of members.
3. Regulation 630 of the Air Force Regulations is amended by omitting from sub-regulation (5) the words “, other than a member on special leave without pay,”.
* Notified in the Australian Government Gazette on 24 June 1976.
† Statutory Rules 1921, No. 161, as amended to date. For previous amendments of the Air Force Regulations see footnote † to Statutory Rules 1976, No. 6 and see also Statutory Rules 1976, Nos. 6, 10 and 60.
Overview
Statutory Rules 1976 No. 128, made under the Air Force Act 1923-1975, were enacted to update and refine the regulatory framework governing the Australian Defence Force, specifically the Air Force. These regulations were introduced to address the need for modernising the legal instruments that governed the Air Force, ensuring they remained relevant to contemporary operational requirements and administrative practices. The enactment of these regulations was carried out by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The policy objective, as implied by the regulatory updates, was to streamline and clarify the administrative processes and entitlements for members of the Air Force, ensuring that the legal framework supports efficient and effective military operations.
Scope and Application
The Statutory Rules 1976 No. 128, made under the Air Force Act 1923-1975, detail amendments to the Air Force Regulations, specifically addressing the dental treatment of members. These Regulations apply to all members of the Australian Defence Force (ADF), including those on special leave without pay, as clarified by the amendment to Regulation 630. The scope of the legislation is confined to the ADF, encompassing personnel within the Commonwealth's jurisdiction. This regulatory update removes previous exclusions concerning dental treatment for members on special leave without pay, thereby ensuring a broader application of health benefits within the Defence Force. The Regulations themselves extend their application through subordinate instruments, which are referenced in the Statutory Rules 1976 No. 128, thereby integrating with existing legal frameworks to govern conduct, transactions, and entitlements within the ADF.
Key Provisions
The Statutory Rules 1976 No. 128, made under the Air Force Act 1923-1975, bring about specific amendments to existing regulations concerning the Australian Air Force. Section 1 of these regulations indicates that they came into effect on 7 April 1975. The most significant amendment, as outlined in Section 2, is the repeal of Regulation 627 of the Air Force Regulations. This repeal signifies a removal of previously established rules that are no longer applicable or necessary.
Further, Section 3 addresses the amendment of Regulation 630, which pertains to the dental treatment of members within the Air Force. The amendment involves removing specific wording from sub-regulation (5), which previously excluded certain members, specifically those on special leave without pay, from receiving dental treatment. By omitting these words, the amendment ensures that all members, regardless of their leave status, are entitled to receive dental treatment. This inclusive approach aims to provide equitable healthcare benefits to all members of the Air Force.
These regulations impose obligations on the Air Force to provide dental treatment to all its members, without discrimination based on leave status. The amendments are designed to ensure that every member has access to necessary healthcare services, promoting overall well-being and readiness within the force. Compliance with these regulations is mandatory, and failure to adhere to the new provisions could result in non-compliance with Air Force policy and potentially legal repercussions.
In terms of consequences for non-compliance, while the regulations themselves do not explicitly state penalties, breaches of Air Force regulations can lead to disciplinary actions under the Air Force Act 1923-1975. Such actions could include administrative penalties, formal reprimands, or more severe disciplinary measures depending on the nature and severity of the breach. These measures are intended to enforce adherence to the regulations and maintain the operational effectiveness and integrity of the Air Force.