EXPLANATORY STATEMENT
STATUTORY RULES 1982 No. 182
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 the Minister may make interim determinations amendin or repealing regulations. The Act also deems such interim determinations to be Statutory Rules.
Sub-regulations 572(1), 645B(1) and 648(1), and regulations 573A, 574 and 575 of the Air Force Regulations provide for a member to be supplied with personal clothing (including uniform) and necessaries, to have them replaced at the expense of the Commonwealth according to an approved scale or, under certain circumstances, to have repairs, washing and maintenance of personal clothing and necessaries at Commonwealth expense.
Regulation 597 provides for the payment to a member of fares and out-of-pocket expenses incurred by him when he is recalled from leave and he travels to his place of duty.
These Statutory Rules omit sub-regulations 572(1), 645B(1) and 648(1) and repeal regulations 573A, 574, 575 and 597 because such expenses are administrative and authority already exists for their payment, provided that funds have been appropriated by the Parliament for that purpose.
Overview
The Statutory Rules 1982 No. 182, issued by the authority of the Minister for Defence, amend the Air Force Regulations to address administrative expenses related to the provision of personal clothing and necessaries to Air Force members. Enacted under the Defence Amendment Act 1979, these rules reflect the policy objective of streamlining administrative processes by removing specific provisions that overlap with existing authority for payment of such expenses, provided that the necessary funds have been appropriated by Parliament. The changes, which omit certain sub-regulations and repeal specific regulations, aim to eliminate redundancy and ensure efficient use of resources within the Defence framework.
Scope and Application
The statutory rules outlined in F2004B00659, issued under the authority of the Minister for Defence, pertain to the Air Force Regulations and serve to amend or repeal certain provisions. Specifically, these rules address the regulations concerning the supply, replacement, and maintenance of personal clothing and necessaries for members of the Air Force, as well as the reimbursement of travel expenses incurred during recall from leave. The application of these rules extends to Air Force members who are entitled to the specified benefits and expenses as outlined in the repealed regulations. Geographically, these rules operate within the Commonwealth jurisdiction, impacting personnel and administrative processes across Australia. Notably, the rules clarify that the repealed provisions are omitted and repealed as the necessary authority and funding for these expenses already exist, subject to parliamentary appropriations. This amendment reflects an effort to streamline administrative processes and ensure that existing legislative frameworks adequately cover the financial provisions for Air Force members without creating redundant regulations.
Key Provisions
The primary operative sections of these Statutory Rules concern the amendment of the Air Force Regulations. Specifically, sub-regulations 572(1), 645B(1) and 648(1), as well as regulations 573A, 574, 575 and 597, are omitted or repealed (Section 12 of the Defence Amendment Act 1979). These sections originally dealt with the provision of personal clothing and necessaries to Air Force members, their replacement, repair, washing and maintenance, as well as the payment of fares and out-of-pocket expenses when members are recalled from leave. These changes are made because the relevant expenses are administrative in nature, and authority already exists for their payment, contingent on the appropriation of funds by the Parliament.
The Act imposes certain obligations on the Air Force members and the Commonwealth. Air Force members are expected to maintain their personal clothing and necessaries in a serviceable condition, understanding that under the amended regulations, they will no longer receive automatic replacement, repair, washing, or maintenance services at Commonwealth expense. Instead, the Commonwealth's financial obligation is limited to instances where funds have been appropriated by the Parliament for such purposes. Similarly, the Commonwealth is no longer obligated to cover the travel expenses of Air Force members who are recalled from leave, unless specific funds have been allocated by the Parliament for such expenses.
Failure to comply with these amended regulations may result in legal consequences. However, the specific offences, penalties, or consequences for breach are not detailed within the text of these Statutory Rules. The maximum penalties, if applicable, would be determined by other relevant legislation or regulations, which are not specified within the scope of this document. Therefore, while the omission and repeal of certain provisions may impact the financial responsibilities and entitlements of Air Force members, the precise repercussions of non-compliance remain undefined within the text provided.