Air Force Regulations (Amendment)

Overview

The Statutory Rules 1980 No. 152, an interim determination under the Defence Amendment Act 1979, was enacted to address specific issues related to the issuance of uniforms to female members of the Australian Defence Force. The legislation was introduced to ensure compliance with the Defence Act 1903, particularly in relation to the Initial Outfit Allowance for female members. This interim measure was issued by the Minister of State for Administrative Services, acting on behalf of the Minister of State for Defence. The policy objective behind this amendment is to ensure that the regulations governing the issue of uniforms align with the allowances provided for female Defence personnel, as stipulated under Determination 0604. This legislative instrument highlights the Australian Government's commitment to equitable treatment within the Defence Force by addressing gender-specific requirements in uniform provisions.

Scope and Application

The Interim Determination under the Defence Amendment Act 1979 applies to members of the Australian Defence Force, specifically addressing the issuance of uniforms for female members. It amends Regulation 572 of the Air Force Regulations, ensuring that the provisions regarding the issue of uniforms upon initial appointment or enlistment do not apply while Determination 0604, which addresses the Initial Outfit Allowance for female members, remains in force. The legislation is enacted under the authority of the Minister of State for Administrative Services acting on behalf of the Minister of State for Defence, highlighting its Commonwealth jurisdiction and its relevance to Defence Force personnel. There are no explicit exclusions or thresholds mentioned in the determination, but the scope is limited to the amendment of uniform issuance protocols for female members within the Air Force. This amendment extends the application of the Air Force Regulations in a manner that accommodates specific allowances determined under separate Defence legislation.

Key Provisions

The key provision of the Interim Determination under the Defence Amendment Act 1979 is the amendment to Regulation 572 of the Air Force Regulations, which pertains to the issue of uniform upon first appointment or enlistment. Specifically, sub-regulation (4) has been added to clarify that sub-regulation (3) will not be in effect while Determination 0604, Initial Outfit Allowance—Female Members, made under section 58B of the Defence Act 1903, is in force. This amendment ensures that the specific allowances and provisions for female members are not superseded by the general regulations on uniform issuance. The obligations imposed by this Act require that the Defence force adhere to the specified conditions outlined in the Interim Determination. This means that while Determination 0604 is active, the Defence force must follow the allowances and provisions detailed in that particular determination for the issuance of uniforms to female members. This requirement ensures that female members receive appropriate uniform allowances as defined under Determination 0604, rather than the general provisions of Regulation 572. In terms of consequences, the Interim Determination does not explicitly outline offences or penalties for non-compliance. However, failure to adhere to the specific provisions outlined in Determination 0604 could potentially lead to administrative or disciplinary actions under the Defence Act 1903 or other relevant regulations. It is important for the Defence force to ensure compliance with the Interim Determination to avoid any potential repercussions that may arise from not following the mandated allowances and provisions for female members.