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.
Overview
The Air Force Regulations (Amendment) Statutory Rules 1985 No. 115, issued under the authority of the Minister for Defence, were enacted to address the need for updating the Air Force Regulations, originally made under the Air Force Act 1923, to align with new legislation concerning discipline, forfeiture of salary and allowances, and the right to state complaints within the Defence Force. This legislative amendment was necessitated by the forthcoming implementation of the Defence Force Discipline Act 1982 and the Defence Force (Miscellaneous Provisions) Act 1982, which were to replace older UK Acts and create a unified disciplinary framework for the Australian Defence Force, including the statutory office of the Judge Advocate General of the Defence Force. The new regulations were designed to ensure continuity and effectiveness in the administration of the Air Force by incorporating these legislative changes and repealing outdated provisions.
Scope and Application
The Air Force Regulations (Amendment) Statutory Rule 1985 No. 115 amends the Air Force Regulations, which are made under the Air Force Act 1923, to bring them into alignment with new legislation concerning discipline, the forfeiture of salary and allowances, and the stating of complaints within the Defence Force. These amendments apply to all members of the Australian Air Force and are effective from 3 July 1985. The new legislation, including the Defence Force Discipline Act 1982 and the Defence Force (Miscellaneous Provisions) Act 1982, introduces significant changes to disciplinary processes and the statutory office of the Judge Advocate General of the Defence Force, thereby discontinuing the application of the Air Force Act (1881) (UK). Furthermore, the amendments address the forfeiture of salary and allowances by incorporating changes to the Defence Act 1903 and the Air Force Act 1923, while also updating the regulations concerning the right of Air Force members to state complaints and have them considered and determined. The changes are designed to ensure consistency and coherence across the Defence Force, reflecting the legislative updates and the creation of new statutory offices.
Key Provisions
The Air Force Regulations (Amendment) Statutory Rules 1995 No. 115 bring into effect various amendments to the Air Force Regulations, made under the Air Force Act 1923. These amendments are primarily consequential upon the introduction of new Defence legislation and subordinate legislation that deal with discipline, forfeiture of salary and allowances, and the stating of complaints within the Defence Force. These changes reflect the consolidation of disciplinary law for the Defence Force under the Defence Force Discipline Act 1982 and the Defence Force (Miscellaneous Provisions) Act 1982, which also bring about the discontinuance of the application of the Air Force Act (1881) (UK). Moreover, the amendments include provisions for the forfeiture or suspension of the salary and allowances of members of the Defence Force, as per the Defence Force Re-organization Act 1975 and subsequent amendments.
The Regulations, now amended, impose several obligations on the parties they govern, particularly members of the Air Force. Firstly, they must adhere to the new disciplinary procedures outlined in the Defence Force Discipline Act 1982. This includes compliance with the statutory office of Judge Advocate General of the Defence Force, which has replaced the previous statutory office of Judge-Advocate-General (of the Air Force). Secondly, members must be aware of the new provisions regarding the forfeiture or suspension of their salary and allowances as per the Defence Force Re-organization Act 1975 and subsequent amendments. They must also understand their rights and the procedures to follow when stating a complaint to their superiors, as outlined in the new regulations.
Failure to comply with the provisions of the amended Regulations can result in various civil and criminal consequences. Under the Defence Force Discipline Act 1982, disciplinary breaches can lead to penalties as prescribed by the Act, which may include fines, imprisonment, or other disciplinary actions. The maximum penalties for such breaches are determined by the severity of the offence and are specified within the Defence Force Discipline Act 1982. Additionally, any failure to comply with the provisions regarding the forfeiture of salary and allowances can result in financial penalties as stipulated by the relevant sections of the Defence Act 1903 and subsequent amendments. The Act provides for the forfeiture of salary and allowances as a disciplinary measure and outlines the procedures for such actions. Any breach of these provisions may also lead to administrative consequences and potential legal action.