Air Force Regulations (Amendment)

Overview

Statutory Rules 1978 No. 162, made under the Air Force Act 1923, was enacted to amend the Air Force Regulations concerning allowances for authorized journeys. This regulation was introduced to address a gap in the existing framework by ensuring that members who travel on authorized journeys by non-standard means, thereby increasing the duration of their journey for reasons unrelated to service, are appropriately compensated. The regulation specifically targets the reduction of travel allowances for such cases, aiming to maintain fairness and efficiency in the allocation of resources. Enacted by the Governor-General on the advice of the Federal Executive Council, the policy objective is to ensure that members do not receive undeserved financial benefits when they choose to travel in a manner that increases the duration of their journey unnecessarily.

Scope and Application

The regulation under the Air Force Act 1923 pertains to the allowances payable for authorised journeys within the Australian Defence Force (ADF), specifically targeting members who are part of the Air Force. This regulation applies to any member of the Air Force who undertakes an authorised journey and modifies the allowances they receive based on the mode of transport and the duration of the journey. The regulation is geographically confined to the Commonwealth of Australia, as it is made under the Air Force Act which operates at a federal level. The regulation does not specify exclusions, but it is implicitly limited to situations where the member has travelled for other than service reasons and could have reasonably used the normal method of transport. The regulation's application can be extended or further defined through subordinate instruments, such as additional regulations or guidelines issued under the authority of the Air Force Act.

Key Provisions

The primary change introduced by this regulation, under Section 1, is the amendment to Regulation 579 of the Air Force Regulations (579). Specifically, it removes sub-regulation (6) and replaces it with a new provision that applies when a member of the Air Force travels on an authorized journey by a method other than the normal one, resulting in an increase in the journey's duration for reasons other than service, and where it was possible to travel by the normal method. The regulation stipulates that in such cases, the travel allowance payable to the member will be reduced by the amounts attributable to the increased duration of the journey. The obligations imposed by this regulation are primarily on Air Force members who undertake authorized journeys. They must adhere to the prescribed method of transport unless there are extenuating circumstances that necessitate a different mode of travel. If they choose to travel by an alternative method, they must be aware that this could lead to a reduction in their travel allowance if the journey duration is extended due to their choice of transport and it was feasible to travel by the standard method. The regulation also contains provisions regarding the consequences of non-compliance. If a member fails to adhere to the stipulated travel methods and subsequently travels by a non-standard method, leading to an increased journey duration, they may face a reduction in their travel allowance. This financial penalty is intended to deter members from choosing non-standard transport methods that could unnecessarily extend their travel time. There are no stated maximum penalties for breach of this regulation; however, the financial reduction in allowance serves as a deterrent and a direct consequence of non-compliance.