EXPLANATORY STATEMENT
STATUTORY RULES 1988 NO. 129
ISSUED BY THE AUTHORITY OF THE
MINISTER FOR DEFENCE SCIENCE AND PERSONNEL
AIR FORCE REGULATIONS (AMENDMENT)
The Air Force Regulations, made under the Air Force Act 1923, prescribe various matters relating to the organisation and administration of the Air Force.
The Defence Legislation Amendment Act 1987 (“the 1987 Act”) included amendments of the Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923 to enable the call out of the Reserve Forces in situations short of a declaration of a defence emergency to enable those forces to be available to meet low level contingencies. The 1987 Act also made amendments to provide, in relation to the Army and the Navy, a scheme under which soldiers and sailors may enlist, or have their periods of enlistment extended, until their retiring age (referred to herein as “open-ended enlistment” and “open-ended extension of service”). This scheme replaces the system under which enlisted members were required to enlist or re-engage for a specified period. (In the case of the Air Force, provisions corresponding to the new Navy and Army enlistment scheme were already contained in the Air Force Regulations.)
These amendments to the 1987 Act could not be proclaimed to commence until consequential amendments were made to regulations, including the Air Force Regulations (“the Regulations”).
Air Force Regulations (Amendment)
Subsection 4G(2) of the Air Force Act 1923 (which provides for the continuation of the service of a member of the Permanent Air Force where the member’s period of service expires during time of war or defence emergency or while a part of the Air Force Emergency Force is called out) was omitted by the 1987 Act with a view to the inclusion of a corresponding provision in the regulations. This course was followed because corresponding provisions in relation to other parts of the Air Force are provided by the regulations, not by the Act.
Regulation 3 replaces the existing subregulation 46(3) with provisions dealing with all officers in time of war (new subregulation 46(3)), officers in the Permanent Air Force in other circumstances (new subregulation 46(4)), and officers in the Air Force Emergency Force and the Australian Air Force Reserve in other circumstances (new subregulation 46(5)). In each case, the provision enables the officer’s service to be extended in the particular circumstances. The provisions apply to officers serving on fixed term appointments.
Regulation A amends regulation 57, which provides for the transfer of officers, consequent on amendments made to sections 4B, 4C and 4D of the Air Force Act 1923 by the 1987 Act, so that it more accurately reflects the operation of those sections. By a related amendment a definition of “force” is inserted into the Regulations by regulation 2.
Regulation 65A of the Regulations provides that certain promotions of officers are to be made on the ground of efficiency or in the event of equal efficiency on the ground of seniority. Regulation 5 of the proposed Statutory Rule replaces regulation 65A and provides that the Chief of the Air Staff may determine the criteria for promotion and the procedures for the selection of officers for promotion.
Regulation 6 repeals regulation 69 which deals with irregular appointments in the Air Force. This matter is now dealt with in section 122 of the Defence Act 1903, which was inserted by the 1987 Act.
Regulation 7 amends regulation 73, which deals with the resignation of officers, to accord with amendments made in relation to the Army and the Navy by the 1987 Act.
Regulation 8 amends regulation 88, which deals with retiring ages for officers, to reflect the changed liability for service of members of the Austalian Air Force Reserve as provided by the Air Force Act 1923 and the Defence Act 1903, as amended by the 1987 Act.
Regulation 9 repeals regulations 98, 99 and 107. Regulation 98, which provides for the enlistment of persons serving under articles of apprenticeship, is no longer required. (The corresponding provision for the Army, section 40A of the Defence Act 1903, was repealed by the 1987 Act.) Regulation 99, which provides for irregular enlistment, is no longer required because this matter is now dealt with by section 122 of the Defence Act 1903, which was inserted by the 1987 Act. Regulation 107, which provides for the re-engagement of airmen, is no longer required because of the revised form of oath substituted by regulation 15.
Regulation 10 inserts new regulation 108C, consequent on amendments made to sections 4B, 4C and 4D of the Air Force Act 1923 by the 1987 Act, which empowers the Chief of the Air Staff to transfer airmen from one part of the Air Force to another, if they volunteer for transfer.
Regulations 11, 12 and 14 amend regulations 442C, 444A and 474 of the Regulations to exclude their operation in relation to members of the various Air Force Reserves who are serving on open-ended engagements and to restrict the member’s right to claim discharge during a period when the part of the Reserve to which he or she belongs is called out for service. The latter amendment and the amendment of regulation 444B by regulation 13 of this Statutory Rule reflect the changed liability for service of members of the Australian Air Force Reserve under the Air Force Act 1923 and the Defence Act 1903, as amended by the 1987 Act.
Regulation 15 replaces the form of oath of enlistment to accord with provision made by other amendments for airmen to be able to be transferred between the various parts of the Air Force.
Commencement
The Statutory Rule comes into operation on 1 July 1988, the date on which the remaining provisions of the 1987 Act will be proclaimed to commence.