EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 384
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AIR FORCE REGULATIONS (AMENDMENT)
The Defence Legislation Amendment Act 1984, assented to on 25 October 1984, made various amendments to the Air Force Act 1923 (“the Act”) and other Defence legislation. Among other things, these amendments changed the title of the Chief of Defence Force Staff to the new title of Chief of the Defence Force, abolished the annual training obligation of members of the Emergency Forces, and expanded the power of the Minister for Defence in determining financial conditions for members of the Defence Force to include the authorisation of certain deductions from the salary and allowances of a member.
The Air Force Regulations (“the Regulations”), made under the Act, prescribe various matters for the purposes of the Act, including references to the Chief of Defence Force Staff, provisions relating to the Air Force Emergency Force and provisions prescribing financial conditions for members of the Air Force.
This Statutory Rule amends the Regulations consequential upon the amendments contained in the Defence Legislation Amendment Act 1984.
Regulations 1 and 2 of the Statutory Rule amend regulations 7 and 45A to substitute the new title of “Chief of the Defence Force”.
Regulation 3 of the Statutory Rule repeals regulations 442A and 442B to omit references to the abolished annual training obligation of members of the Air Force Emergency Force.
Regulation 4 of the Statutory Rule amends regulation 529A to ensure the recoverability of deductions from salary or allowances provided for by a determination made under the Minister’s expanded power.
The amendments have effect from the date of gazettal of the Statutory Rule.
Overview
The Air Force Regulations (Amendment) Statutory Rules 1984, issued under the authority of the Minister for Defence, were enacted to address the consequential amendments required following the Defence Legislation Amendment Act 1984. This Act, assented to on 25 October 1984, brought about significant changes to the Air Force Act 1923, including the renaming of the Chief of Defence Force Staff to Chief of the Defence Force, the abolition of the annual training obligation for members of the Emergency Forces, and the expansion of the Minister for Defence's powers regarding financial conditions for Defence Force members, including the authority to allow certain salary and allowance deductions. The statutory rules were necessary to update the Air Force Regulations to reflect these legislative changes, ensuring consistency and alignment with the new legal framework.
Scope and Application
The Air Force Regulations (Amendment) Statutory Rule 1984 No. 384 amends the Air Force Regulations to align them with the changes made by the Defence Legislation Amendment Act 1984. These amendments apply to members of the Defence Force and the Air Force, particularly focusing on their financial conditions and the roles within the Defence Force hierarchy. The scope of the Act extends to the Commonwealth of Australia, governing entities and individuals under the Air Force Act 1923. The Regulations outline the financial conditions, roles, and obligations of members, and this amendment ensures the updated titles and provisions reflect the legislative changes. For instance, it updates the title from Chief of Defence Force Staff to Chief of the Defence Force, removes references to the abolished annual training obligation of Emergency Forces members, and ensures deductions from salary and allowances are recoverable as authorised. The amendment applies nationally within the Australian jurisdiction, impacting all members of the Defence Force and Air Force across the country.
Key Provisions
The key operative sections of the Statutory Rules 1984 No. 384 involve amendments to the Air Force Regulations (section 1 and 2) and the repeal of certain regulations related to the Air Force Emergency Force (section 3). Regulation 1 updates the title of the Chief of Defence Force Staff to "Chief of the Defence Force" in regulations 7 and 45A. Regulation 2 removes outdated references to the Chief of Defence Force Staff. Regulation 3 repeals regulations 442A and 442B, which previously mandated the annual training obligation of members of the Air Force Emergency Force, in light of the legislative abolition of this requirement. Regulation 4 amends regulation 529A to ensure that deductions from the salary and allowances of Air Force members, authorised by the Minister for Defence, are recoverable.
The obligations and requirements imposed by these regulations primarily concern the formal update of titles within the Air Force hierarchy and the removal of outdated provisions regarding the training obligations of Emergency Force members. The regulations mandate that all references to the former title "Chief of Defence Force Staff" are updated to "Chief of the Defence Force" throughout the relevant sections of the Air Force Regulations. Additionally, the regulations require the removal of any references or requirements related to the annual training obligation for members of the Air Force Emergency Force. The regulations also ensure that financial conditions, specifically the recoverability of deductions from members' salaries and allowances, are clearly defined and enforceable.
Breach of these regulations could lead to various consequences, although specific offences and penalties are not detailed within the explanatory statement. Generally, failure to comply with Defence Force Regulations could result in disciplinary action against Air Force members, administrative penalties, or other corrective measures as deemed appropriate by the relevant authorities. While the explanatory statement does not provide explicit details on maximum penalties, breaches of Defence Regulations could potentially lead to civil or criminal proceedings depending on the severity and nature of the breach. The overarching aim of these regulations is to ensure that the Air Force operates under updated and relevant statutory provisions, thereby maintaining operational efficiency and compliance with current legislative requirements.