Air Force Regulations (Amendment)

Overview

The Statutory Rules 1984 No. 438, issued under the authority of the Minister for Defence, pertain to amendments of the Air Force Regulations. Enacted in 1984, these rules were introduced to streamline and modernise the financial provisions for Defence Force members who are separated from their dependants due to service requirements and are not provided with service accommodation or rations. This legislative amendment is grounded in the Defence Amendment Act 1979, which empowers the Minister to issue interim determinations that amend or repeal existing regulations. The explicit policy objective, as articulated in the explanatory statement, is to replace outdated regulations with a more comprehensive and efficient framework, as evidenced by Determination 0508, Living Out Away From Home Allowance. The effectivity of these rules is tied to the implementation date of Determination 0508 under section 58B of the Defence Act 1903.

Scope and Application

The Statutory Rules 1984 No. 438, issued by the authority of the Minister for Defence, pertain to the amendment of the Air Force Regulations concerning allowances for members of the Defence Force. Specifically, these rules address the repeal of Regulations 568, 569, 570, 570A, 571, 571A, and 571B, which previously governed the payment of Living Out Away From Home Allowance, Ration Allowance, Lodging Allowance, and Retention of Lodgings Allowance to Defence Force members who are separated from their dependants for service reasons and cannot be provided with service accommodation or rations. This amendment is in line with Section 12 of the Defence Amendment Act 1979, which empowers the Minister to make interim determinations that amend or repeal regulations, with these determinations being deemed Statutory Rules. The repeal of the mentioned regulations takes effect from the date Determination 0508, Living Out Away From Home Allowance, is made under section 58B of the Defence Act 1903. The scope of these rules is confined to the members of the Defence Force affected by the changes in allowance provisions, and they operate within the Commonwealth jurisdiction.

Key Provisions

The key provisions of the Statutory Rules 1984 No. 438 involve the repeal of specific regulations within the Air Force Regulations, namely regulations 568, 569, 570, 570A, 571, 571A, and 571B (sections 1 and 2). These regulations previously dealt with the payment of various allowances to Defence Force members who are separated from their dependants for service reasons and are not provided with service accommodation or service rations. The allowances in question include the Living Out Away From Home Allowance, Ration Allowance, Lodging Allowance, and Retention of Lodgings Allowance. The repeal of these regulations is due to their provisions being superseded by Determination 0508, Living Out Away From Home Allowance (section 3). This determination is made under section 58B of the Defence Act 1903 and will take effect on the date it is made (section 4). The Statutory Rules impose specific obligations on the parties involved, particularly Defence Force members who are entitled to the allowances previously regulated by the now-repealed regulations. These members must now refer to Determination 0508 for the updated provisions governing their entitlements. The Defence Force, as the governing body, is required to implement the new determination and ensure compliance with its terms, replacing the former regulations. The Minister for Defence, through this statutory rule, ensures that the Defence Force’s regulations are updated and aligned with current determinations, thereby maintaining accurate and relevant provisions for Defence Force members. Failure to comply with the provisions of Determination 0508 may result in civil or criminal consequences, although the specific offences and penalties are not detailed within the Statutory Rules themselves. The repealed regulations previously stipulated certain actions and entitlements, and non-compliance with the new determination may similarly result in enforcement actions. The Defence Force and its members must ensure adherence to the updated provisions to avoid any potential legal repercussions. However, the exact nature and extent of the penalties for breaches are not specified within this document, and further reference to the Defence Act 1903 or related legislation may be required for comprehensive understanding.