EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 37
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AMENDMENT OF THE AIR FORCE REGULATIONS
Section 12 of the Defence Amendment Act 1979 provides that during the period ending on 1 January 1982, the Minister may make determinations amending or repealing regulations. The Act also deems such interim determinations to be Statutory Rules.
Regulations 129A and 534 of the Air Force Regulations which, respectively, provide for the grant of War Service Leave and pay in lieu of such leave, have been replaced by Determination 2606, War Service Leave, made under section 58B of the Defence Act 1903.
These Statutory Rules therefore repeal regulations 129 and 534.
The date of effect is the date on which Determination 2606, War Service Leave is made under section 58B of the Defence Act 1903.
Overview
The Statutory Rules 1982 No. 37, issued by the authority of the Minister for Defence, serve to amend the Air Force Regulations by repealing certain provisions related to War Service Leave. This amendment is pursuant to section 12 of the Defence Amendment Act 1979, which allows the Minister to make interim determinations amending or repealing regulations until 1 January 1982. Specifically, the repealed regulations, namely Regulation 129A and Regulation 534, which respectively provided for the grant of War Service Leave and pay in lieu of such leave, have been replaced by Determination 2606, War Service Leave, made under section 58B of the Defence Act 1903. The effect of these rules is to harmonise the leave provisions with the new determination, ensuring that the regulatory framework remains current and aligned with the legislative intent.
Scope and Application
The Air Force Regulations Amendment (Statutory Rules) 1982 concerns the amendment of specific provisions within the Air Force Regulations, specifically addressing War Service Leave and pay in lieu of such leave. This Act applies to members of the Royal Australian Air Force who are entitled to War Service Leave under the Defence Act 1903. The regulations govern the administration and payment of leave entitlements to these members, ensuring they are fairly compensated for their service. The scope of this legislation is national, as it pertains to Commonwealth regulations affecting defence personnel. The amendments made through these statutory rules are limited to the specific regulations referenced and do not extend to other areas of defence service entitlements or regulations. The Act does not specify any exclusions or exemptions, nor does it mention thresholds, suggesting that the changes apply uniformly to all eligible personnel. The application of these regulations is further defined and potentially extended or restricted through subordinate instruments, such as Determination 2606, War Service Leave, which was made under section 58B of the Defence Act 1903 and serves as the basis for these amendments.
Key Provisions
The primary sections of this legislation, Statutory Rules 1982 No. 37, focus on the amendment and repeal of specific regulations within the Air Force Regulations (sections 129A and 534) concerning War Service Leave and its associated pay. These sections are replaced by Determination 2606, War Service Leave, which is made under section 58B of the Defence Act 1903. This amendment takes effect on the date Determination 2606 is enacted. The objective is to streamline the regulations governing War Service Leave and its compensation, ensuring they align with current Defence Act provisions.
The obligations imposed by this legislation primarily concern the Defence Force and its personnel. The new Determination 2606 replaces the old regulations and therefore alters the conditions under which War Service Leave can be granted and the manner in which pay in lieu of such leave is calculated. The Defence Force must ensure that all relevant personnel are informed of these changes and that the new Determination is implemented uniformly across all units. This involves updating internal policies, training staff on the new regulations, and ensuring that all documentation and systems reflect the changes.
The legislation does not explicitly outline specific offences or penalties for non-compliance with the new Determination 2606. However, any breaches of Defence regulations generally carry significant consequences. Under the Defence Act 1903, breaches of Defence regulations can lead to disciplinary actions, including fines, imprisonment, or both, depending on the severity of the breach. The maximum penalties can vary, but they are severe enough to ensure compliance with Defence regulations. For instance, serious breaches might result in penalties up to a maximum of five years imprisonment or substantial fines, reflecting the importance of adhering to Defence regulations.
Additionally, any failure to implement the new Determination 2606 correctly could result in administrative penalties. The Defence Force could face scrutiny or legal challenges if personnel are adversely affected by improper application of the new regulations. This underscores the necessity for accurate and timely implementation of the new Determination to avoid any legal repercussions or financial penalties. Ensuring compliance with the new Determination is thus critical to avoid any potential civil or criminal liabilities.