EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO. 12
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.
Sub-regulations 645A(2) and 647(2) of the Air Force Regulations cover, respectively, allowances for members of the Air Force Emergency Force, and allowances and other benefits for members of the Citizen Air Force.
These Statutory Rules amend those sub-regulations to include “oversea outfit allowance” among those allowances that may be paid to members of the Air Force Emergency Force and the Citizen Air Force at the same rates and subject to the same conditions as those that apply to members of the Permanent Air Force.
Overview
The Statutory Rules 1983 No. 12, issued under the authority of the Minister for Defence, represent an amendment to the Air Force Regulations, reflecting legislative changes introduced through the Defence Amendment Act 1979. This particular amendment responds to a gap identified in the allowances and benefits framework for members of the Air Force Emergency Force and the Citizen Air Force, ensuring they receive the same recognition and support as members of the Permanent Air Force. The policy objective underpinning this amendment is to harmonise the treatment of Air Force members across different service categories, thereby enhancing fairness and equity within the Defence Force structure.
The enactment of these rules by the Minister for Defence under the authority granted by Section 12 of the Defence Amendment Act 1979 ensures that these interim determinations are treated as Statutory Rules. This legislative move addresses specific allowances, including the "oversea outfit allowance", thus aligning the benefits for all categories of Air Force members and reinforcing the commitment to equitable treatment and support within the Defence Force.
Scope and Application
The statutory rules issued under the authority of the Minister for Defence amend the Air Force Regulations to extend the scope of allowances for members of the Air Force Emergency Force and the Citizen Air Force. Specifically, these regulations introduce the "oversea outfit allowance" as a payable allowance for these members, aligning it with the rates and conditions that apply to members of the Permanent Air Force. This change is implemented through an amendment to sub-regulations 645A(2) and 647(2) of the Air Force Regulations, which originally covered allowances for members of the Air Force Emergency Force and the Citizen Air Force, respectively. The application of these rules is limited to the members of the specified forces within Australia and does not extend beyond this scope. The regulations do not explicitly outline any exclusions or thresholds, implying that the allowance applies to all eligible members under the same conditions. Furthermore, the application of these rules is subject to the overarching Defence Amendment Act 1979, which allows for interim determinations by the Minister, thereby potentially extending or restricting the application through subordinate instruments.
Key Provisions
The primary sections of these Statutory Rules amend the Air Force Regulations to include the "oversea outfit allowance" for members of the Air Force Emergency Force and the Citizen Air Force (sub-regulations 645A(2) and 647(2)). This amendment ensures that these members are eligible for the same allowances as those provided to members of the Permanent Air Force. Specifically, the changes allow for parity in the allowances and benefits for all categories of Air Force members, thereby promoting uniformity and fairness in compensation structures within the Air Force.
These amendments impose obligations on the Defence Force to ensure that the oversea outfit allowance is calculated and paid to eligible members of the Air Force Emergency Force and the Citizen Air Force at the same rates and under the same conditions as those applied to members of the Permanent Air Force. The Defence Force is required to review and update its administrative processes to reflect these changes, ensuring that all eligible members are aware of and can access these allowances. This involves updating payment systems, informing affected personnel, and possibly revising relevant policies and guidelines.
Failure to comply with these provisions may result in administrative and financial discrepancies, as members who are entitled to the oversea outfit allowance may not receive it. While the Statutory Rules do not explicitly outline specific offences or penalties for non-compliance, breaches of these provisions could lead to legal challenges, financial penalties, or reputational damage to the Defence Force. The Defence Force is expected to uphold its obligations diligently to avoid such repercussions.