EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 115
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AIR FORCE REGULATIONS (AMENDMENT)
The Air Force Regulations (“the Regulations”), made under the Air Force Act 1923 (“the Act”), provide for various matters relating to the administration of the Air Force, including provisions relating to discipline, the forfeiture of salary and allowances, and the stating of complaints.
Background
(i) Consequential Amendments
On 3 July 1985 Defence legislation and subordinate legislation will be brought into effect dealing with various matters including discipline, forfeiture of salary and allowances, and the stating of complaints; fuller details are provided below. As a result of this legislation, consequential amendments are required to the Regulations.
(ii) Discipline
Section 5 of the Act applies the Air Force Act (1917) (UK) to the Australian Air Force and the members of that force. The Regulations prescribe modifications of the UK Act and also apply certain provisions of the Rules of Procedure made under the UK Act and certain provisions of the King’s Regulations and Air Council Instructions (UK). In addition, the Regulations make provision for the statutory office of Judge-Advocate-General (of the Air Force) and contain numerous provisions relating to disciplinary matters.
The Defence Force Discipline Act 1982, which consolidates disciplinary law for the Defence Force, and creates the statutory office of Judge Advocate General of the Defence Force, will be brought into operation on 3 July 1985. The Defence Force (Miscellaneous Provisions) Act 1982, which will come into force automatically with the Defence Force Discipline Act 1982, makes the necessary consequential repeals and amendments of existing Acts, including discontinuance of the application of the Air Force Act (1881) (UK).
(iii) Forfeiture of Salary and Allowances
A related matter is the forfeiture of salary and allowances of members of the Defence Force, for which provision is made by section 119 of the Defence Act 1903 and the regulations under that Act, the Naval Defence Act 1910 and the Air Force Act 1923. Section 53 of the Defence Force Re-organization Act 1975 replaced section 119 of the Defence Act 1903 with a new section 119 (subsequently further amended by section 10 of the Defence Acts Amendment Act 1981) which provides that the regulations may make provision for the forfeiture or suspension of the salary and allowances of members of the Defence Force. Section 53 (and the further amendments) will be brought into operation on 3 July 1985, and new regulations of tri-Service application will be made by a Statutory Rule amending the Defence Force Regulations from that date.
(iv) Stating of Complaints
A further related matter is the right of a member of the Air Force to state a complaint to the member’s superiors and to have the complaint considered and determined. With effect from 3 July 1985 new regulations of tri-Service application will be made by a Statutory Rule amending the Defence Force Regulations.
Amendments of the Air Force Regulations
This Statutory Rule makes the necessary consequential repeals and amendments of those provisions of the Regulations relating to discipline, forfeiture of salary and allowances, the stating of complaints, and the statutory office of Judge-Advocate-General (of the Air Force).
Commencement
The repeals and amendments have effect from 3 July 1985.