EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO. 337
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.
Regulation 579 of the Air Force Regulations provides for payment of travelling allowance to members of the Air Force making an authorized journey.
These Statutory Rules amend regulation 579 by increasing the rates at which the allowance is payable. The increases are a flow-on from corresponding increases recently granted to members of the Australian Public Service.
The date of effect is 10 October 1983.
Overview
The Statutory Rules 1983 No. 337, issued under the authority of the Minister for Defence, amend the Air Force Regulations to adjust the rates at which travelling allowances are payable to members of the Air Force. This amendment is pursuant to Section 12 of the Defence Amendment Act 1979, which empowers the Minister to make interim determinations that amend or repeal regulations, deeming such determinations to be Statutory Rules. The primary objective of this amendment is to align the travelling allowance rates for Air Force personnel with those recently granted to members of the Australian Public Service. This ensures equitable treatment across different sectors of public service. The changes are set to take effect on 10 October 1983, providing a clear and consistent implementation timeline for the updated allowance rates.
Scope and Application
The Statutory Rules 1983 No. 337, issued under the authority of the Minister for Defence, pertain to the amendment of the Air Force Regulations concerning the payment of travelling allowance to members of the Air Force undertaking authorized journeys. This legislative instrument is derived from Section 12 of the Defence Amendment Act 1979, which empowers the Minister to make interim determinations that amend or repeal regulations, with these determinations deemed to be Statutory Rules. Specifically, Regulation 579, which outlines the payment of travelling allowances, is being updated to reflect the recent increases granted to members of the Australian Public Service. This amendment aims to ensure parity in allowance rates across relevant defence and public service personnel. The changes take effect from 10 October 1983, impacting all members of the Air Force who are eligible for and claiming travelling allowances for authorised journeys.
Key Provisions
The primary operative sections of this Statutory Rule are those that amend Regulation 579 of the Air Force Regulations, specifically concerning the payment of travelling allowance to members of the Air Force (Reg 579). This amendment (Rule 579) increases the rates at which the allowance is payable to align with the recent increases granted to members of the Australian Public Service (Rule 579(1)). The amendment comes into effect on 10 October 1983 (Rule 1(2)).
Under these amendments, the obligations imposed on the Air Force and its members primarily involve ensuring that the new rates of travelling allowance are correctly applied and paid to eligible personnel. The Air Force is responsible for updating its systems and procedures to reflect the new allowance rates. Members of the Air Force who undertake authorised journeys are entitled to the increased allowance rates as per the new regulation. This includes accurately documenting their travel and ensuring that all claims for the allowance are made in accordance with the updated rates.
There are no specific offences, penalties, or consequences outlined in the Statutory Rules themselves for breach of these provisions. However, failure to comply with the regulations governing the payment of allowances could potentially lead to administrative consequences, such as the disallowance of claims or recovery of improperly paid allowances. The Defence Force Discipline Act 1982 and the Defence (Miscellaneous Amendments) Regulations 1983, which govern general discipline and administrative matters within the Defence Force, may also apply in cases of non-compliance. The maximum penalties for breaches of these broader regulations can vary but may include fines and imprisonment, depending on the severity of the breach and the specific provisions of the Defence Force Discipline Act that are applicable.