EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 277
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AMENDMENTS 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 579 to 584, inclusive, of the Air Force Regulations provide for payment of travelling allowances to members of the Air Force who undertake authorized journeys on duty or on posting within Australia. These regulations have been replaced by Determination 0401, Travelling Allowance, a tri-Service determination made under section 58B of the Defence Act 1903 which will provide the legal cover for payment of the allowance to members of the three Services.
These Statutory Rules repeal regulations 579 to 584, inclusive, with effect from the date Determination 0401 is made. The Statutory Rules also make consequential amendments to regulations 645A and 647.
Overview
The Statutory Rules 1984 No. 277, issued by the authority of the Minister for Defence, pertain to amendments of the Air Force Regulations. Enacted to address the need for streamlined and unified regulations governing the payment of travelling allowances for members of the Australian Defence Force, these rules were introduced under section 12 of the Defence Amendment Act 1979, which empowers the Minister to make interim determinations that amend or repeal regulations. The policy objective of these amendments is to replace outdated and fragmented regulations with a tri-Service determination, Determination 0401, which is set to provide comprehensive legal cover for the payment of travelling allowances to members of the Air Force, Army, and Navy. This change ensures uniformity and efficiency in the administration of travelling allowances across all branches of the Defence Force.
Scope and Application
The Air Force Regulations, specifically regulations 579 to 584, which pertain to the payment of travelling allowances to members of the Air Force who undertake authorised journeys on duty or on posting within Australia, are subject to repeal by these Statutory Rules. The repeal takes effect from the date Determination 0401 is enacted. This tri-Service determination, made under section 58B of the Defence Act 1903, serves to provide the legal basis for the payment of the allowance to members of all three services. These Statutory Rules not only repeal the specified regulations but also make consequential amendments to regulations 645A and 647. The jurisdictional scope of these changes is national, affecting the three services across Australia, and the application is limited to the payment of allowances for authorised travel within the country. There are no stated exclusions or exemptions within the text provided, and the application extends through the subordinate instrument of Determination 0401.
Key Provisions
The Air Force Regulations, as amended by the Statutory Rules 1984 No. 277, undergo significant changes with the repeal of regulations 579 to 584 (sections 579 to 584). These regulations previously governed the payment of travelling allowances to Air Force members for authorised journeys within Australia. The replacement of these regulations is effective from the date Determination 0401 is made, which is a tri-Service determination under section 58B of the Defence Act 1903. This determination now provides the necessary legal framework for the payment of allowances to members of all three services. Consequential amendments have also been made to regulations 645A and 647 to ensure consistency and compliance with the new legal cover.
The obligations imposed by the Air Force Regulations primarily revolve around the accurate and timely payment of travelling allowances to eligible Air Force members. The regulations, as now governed by Determination 0401, require that these payments be made in accordance with the new tri-Service determination. This ensures that all members of the Defence Force are treated equally and that the allowance payments are handled uniformly across the services. The regulations also mandate that only authorised journeys are eligible for these allowances, ensuring that the payments are made for legitimate and necessary travel undertaken on duty or on posting within Australia.
Breach of the obligations outlined in the Air Force Regulations can lead to various consequences. While the specific offences and penalties are not detailed in the provided text, it is clear that non-compliance with the regulations could result in administrative or legal actions. Such actions may include financial penalties or other corrective measures to ensure adherence to the rules governing travelling allowances. The exact nature and severity of the penalties would depend on the specific circumstances of the breach and any relevant Defence Force policies or procedures.
The transition from the old regulations to the new Determination 0401 is smooth and ensures that all Air Force members and administrative bodies are well-informed about the changes. This is crucial for maintaining the integrity and fairness of the allowance payment process. The consequential amendments to regulations 645A and 647 further demonstrate the comprehensive approach taken to align all related regulations with the new determination, ensuring that no aspect of the allowance payment process is overlooked. The statutory rules and the tri-Service determination together aim to provide a clear and effective framework for the administration of travelling allowances within the Defence Force.