Air Force Regulations (Amendment)

Overview

The Interim Determination under the Defence Amendment Act 1979 was enacted to provide temporary adjustments to the Air Force Regulations, particularly addressing allowances for military personnel. The Minister of State for Defence made this determination on 27 November 1980, in accordance with section 12 of the Defence Amendment Act 1979. The aim of this legislative instrument was to ensure smooth transitions and adjustments in the interim period while more comprehensive legislative changes were being formulated. This interim measure sought to rectify gaps and inconsistencies in the existing Defence Act 1903, particularly regarding allowances for military personnel, until permanent legislative amendments could be enacted.

Scope and Application

The Interim Determination made under the Defence Amendment Act 1979 applies to amendments of the Air Force Regulations, specifically targeting the regulation of allowances for military personnel. It is relevant to members of the Australian Defence Force, particularly those in the Air Force, by modifying provisions related to district allowance, special area allowance, and payments in lieu of war service leave. The amendments to the Air Force Regulations are designed to align with specific determinations under the Defence Act 1903, thereby ensuring that allowances are accurately reflected in accordance with current Defence policies. The Determination is applicable on a national level, impacting all members of the Air Force throughout Australia. However, the specific application of these regulations may be further refined or extended through subordinate instruments or subsequent determinations. The scope of this Interim Determination is confined to the specified amendments and does not introduce new overarching principles or exemptions outside of the mentioned allowances.

Key Provisions

The Interim Determination under the Defence Amendment Act 1979 primarily amends the Air Force Regulations. Specifically, Regulation 614 is altered to clarify that it will not apply while Determination 0301, District Allowance, is in force (section 1). Additionally, Regulation 534 is amended to remove certain references and incorporate Determination 0301 into the payment structure for war service leave (section 2). Finally, Regulation 615A is updated to specify that allowances will be based on Determination 0301 or Determination 0305, Antarctic Allowance, depending on the location (section 3). This legislation imposes specific obligations on the parties it governs. It mandates that certain allowances and payments, previously governed by Regulation 614, are now subject to Determination 0301, District Allowance, and Determination 0305, Antarctic Allowance. This shift requires entities involved in the administration of these allowances to comply with the terms of these determinations instead of relying solely on the Air Force Regulations. This includes ensuring that any financial transactions related to district and special area allowances are accurately calculated and disbursed in accordance with the new determinations. There are no explicit offences, penalties, or civil/criminal consequences detailed within this Interim Determination itself. However, failure to comply with the new allowances specified in Determination 0301 and Determination 0305 could potentially lead to administrative or financial repercussions. These might include audits, reviews, or investigations into the handling of these allowances, as well as corrective actions if discrepancies or non-compliance are found. While the specific penalties are not outlined in the legislation, any breaches of Defence Act 1903 provisions or related administrative regulations could result in appropriate disciplinary or legal actions under Australian law.