Air Force Regulations Amendment

Overview

The Statutory Rules 1984 No. 302, issued under the authority of the Minister for Defence, were enacted to address the need for updating and replacing certain provisions within the Air Force Regulations. These rules were introduced in response to the outdated and redundant nature of certain allowances related to scholarship and bursary payments for members of the Permanent Air Force. The objective of these Statutory Rules is to streamline and modernise the regulatory framework governing these allowances, ensuring that they align with contemporary needs and practices. By repealing regulations 633B, 634A, 634B, 634C, 634D, and 634E, and replacing them with Determination 0502, the rules aim to provide clarity and efficiency in the administration of these allowances. The effect of these Statutory Rules is set to take place from the date Determination 0502 is made.

Scope and Application

The Air Force Regulations, as amended by the Statutory Rules 1984 No. 302, apply to members of the Permanent Air Force who are affected by postings that result in the loss of scholarships or bursaries for their children’s education. This includes scenarios where two members of the same family may have entitlements in respect of the same child. The regulations are in effect across the Commonwealth of Australia and are issued under the authority of the Minister for Defence. These rules provide a framework for the payment of an allowance to mitigate the financial impact on the affected family members. Notably, the regulations that were previously outlined in sections 633B and 634A to 634E have been repealed and replaced by Determination 0502, which was made under section 58B of the Defence Act 1903. The changes outlined in these rules are effective from the date Determination 0502 is enacted, streamlining the process and ensuring updated provisions are in place for those impacted by such circumstances within the Air Force.

Key Provisions

The primary sections of these Statutory Rules (No. 302) focus on amending and repealing specific regulations concerning allowances related to scholarship losses for members of the Permanent Air Force. Regulation 633B, previously providing for an allowance when a member’s posting caused the loss of a scholarship or bursary for a child, has been repealed (Section 12 of the Defence Amendment Act 1979). This repeal is effective from the date Determination 0502 is made under the Defence Act 1903. Additionally, regulations 634A, 634B, 634C, 634D, and 634E, which outlined conditions for payment of the allowance where two members of the same family had entitlements for the same child, have also been repealed. These regulations have been replaced by Determination 0502, which presumably includes updated provisions governing the scholarship allowance. These Statutory Rules impose specific obligations on the parties involved, particularly on members of the Permanent Air Force and the Department of Defence. For members, the repeal of the existing regulations means they must now adhere to the new provisions set out in Determination 0502. This includes understanding the updated criteria for eligibility and the conditions under which the allowance can be claimed. The Department of Defence, on the other hand, must ensure that all members are informed about the changes and that the new allowance regulations are properly implemented and administered. The department must also ensure that the new provisions are consistent with the overall objectives of supporting the educational needs of service members’ children. The Statutory Rules do not explicitly detail offences, penalties, or consequences for non-compliance with the new allowance provisions. However, any breach of the Defence Act 1903 or Defence Regulations could potentially lead to disciplinary action under the Defence Force Discipline Act 1982. While the specific penalties for such breaches are not outlined in these Statutory Rules, they can range from administrative measures to more severe disciplinary actions, depending on the nature and severity of the breach. It is essential for members and the Department of Defence to ensure strict adherence to the new regulations to avoid any potential consequences.