EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO 259
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AMENDMENT OF THE AIR FORCE REGULATIONS
Section 12 of the Defence Amendment Act 1979 allows the Minister to make interim determinations amending or repealing regulations. The Act also deems such interim determinations to be Statutory Rules.
Regulations 577, 578 and 579 of the Air Force Regulations provide for payment of travelling allowance to a member who makes an authorized journey within Australia whilst on duty, posting or termination of service.
These Statutory Rules amend regulations 577, 578 and 579 to prevent the payment of Travelling Allowance to a member during travel on the termination of his service because, with the making of Determination 0405, Allowance Payable for Travel on Termination of Service, under section 58B of the Defence Act 1903, he becomes entitled to the reimbursement of his travelling costs under that determination.
The date of effect is the date on which Determination 0405 is made.
Overview
The Statutory Rules 1983 No 259, issued under the authority of the Minister for Defence, amend the Air Force Regulations to address a specific issue regarding the payment of travelling allowance to members of the Air Force. Enacted in 1983, these rules modify Regulations 577, 578 and 579, which originally provided for the payment of such allowances to members during authorized journeys within Australia while on duty, posting, or termination of service. The introduction of Determination 0405 under section 58B of the Defence Act 1903, however, established a new entitlement for the reimbursement of travelling costs for members during the termination of their service. Consequently, these statutory rules were implemented to ensure that members do not receive duplicate payments by preventing the payment of travelling allowance during travel on the termination of their service. The objective of this legislative amendment is to streamline the reimbursement process and avoid potential financial discrepancies.
Scope and Application
The Statutory Rules 1983 No 259, issued under the authority of the Minister for Defence, amend the Air Force Regulations to modify the conditions for the payment of travelling allowance to members of the Australian Defence Force. Specifically, these amendments prevent the payment of travelling allowance to members who are travelling on the termination of their service, as they become entitled to reimbursement of their travelling costs under Determination 0405 made under section 58B of the Defence Act 1903. This amendment applies to members of the Australian Defence Force who are undertaking authorised travel within Australia in connection with their duty, posting, or termination of service. The changes in these regulations are effective from the date on which Determination 0405 is made, ensuring that there is a clear and updated framework for the reimbursement of travel costs for Defence Force members during the termination of their service.
Key Provisions
The primary operative sections of these Statutory Rules (No. 259 of 1983) involve amendments to regulations 577, 578, and 579 of the Air Force Regulations. These regulations govern the payment of travelling allowances to Air Force members during authorised journeys within Australia while on duty, posting, or termination of service. Specifically, regulation 577 details the circumstances under which travel is authorised; regulation 578 outlines the method of calculating the travelling allowance; and regulation 579 specifies the payment process for the allowance. The amendments introduced by these Statutory Rules aim to prevent the payment of travelling allowance to members during travel on the termination of their service.
The Act imposes specific obligations on the parties involved. For Air Force members, the amendment means they will no longer receive a travelling allowance for authorised journeys made while on the termination of their service. Instead, they will be entitled to reimbursement of their travelling costs under Determination 0405, which was made under section 58B of the Defence Act 1903. For the Defence administrative apparatus, the obligation is to ensure that the appropriate process for reimbursement under Determination 0405 is correctly applied and that any previously paid allowances are subject to recovery if necessary.
Failure to comply with these amendments could result in civil and administrative consequences. For instance, if an Air Force member continues to claim a travelling allowance for journeys made during the termination of their service, this could lead to overpayment of allowances and subsequent recovery actions. The Defence Force may also face administrative penalties for not adhering to the correct procedures outlined in the amendments. While the Statutory Rules do not specify maximum penalties, breaches of Defence administrative regulations could lead to financial penalties or other disciplinary actions against the responsible parties.
In summary, these Statutory Rules (No. 259 of 1983) amend regulations 577, 578, and 579 of the Air Force Regulations to align with Determination 0405, ensuring that Air Force members are reimbursed for their travelling costs under the correct provisions during the termination of their service. The obligations on Air Force members and Defence personnel are to adhere to these changes and ensure that the appropriate reimbursement process is followed. Breaches of these amendments could result in financial overpayments and subsequent recovery actions, although specific penalties are not detailed within the Statutory Rules.