EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 198
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, provide for various matters relating to the administration of the Air Force, including provisions relating to the Air Force Reserve.
Statutory Rules 1983 No. 196 made various amendments associated with the reorganisation and retitling of the reserve forces. One of those amendments was the insertion of a definition of “Air Force Reserve” to mean the Australian Air Force Reserve.
However, some provisions of the Regulations still used the terms “reserve member”, “reservist” and “Reserve”. There was no need to retain these different terms which had led to some confusion.
This Statutory Rule omits definitions of and references to “reserve member”, “reservist” and “Reserve” and substitutes references to “Air Force Reserve” (which is already defined) and “member of the Air Force Reserve”.
A further amendment omits from regulation 93 an obsolete reference to the repealed regulation 97.
The amendments have effect from the date of gazettal of the Statutory Rule.
Overview
The Air Force Regulations (Amendment) Statutory Rules 1984 No. 198, issued under the authority of the Minister for Defence, were introduced to streamline terminology within the Air Force Regulations made under the Air Force Act 1923. The problem this amendment sought to address was the persistence of outdated and confusing terms such as "reserve member", "reservist" and "Reserve" in the Regulations, despite the introduction of a specific definition for "Air Force Reserve" in a previous amendment. By omitting these outdated terms and replacing them with references to "Air Force Reserve" and "member of the Air Force Reserve", the amendment aimed to enhance clarity and consistency in the administration of the Air Force, particularly concerning the Air Force Reserve. This aligns with the policy objective of maintaining an efficient and well-organised military structure.
Additionally, the amendment removes an obsolete reference to a repealed regulation from regulation 93, ensuring the Regulations are up-to-date and free from redundant information. The changes are effective from the date of gazettal of the Statutory Rule, reflecting the intent to swiftly implement necessary updates to the administrative framework of the Air Force.
Scope and Application
The Air Force Regulations (Amendment) Statutory Rules 1984 No. 198, issued under the authority of the Minister for Defence, amends the Air Force Regulations made under the Air Force Act 1923. These regulations govern various aspects of the administration of the Air Force, including provisions specifically relating to the Air Force Reserve. The amendments made by these rules are aimed at standardising terminology and removing outdated references that have caused confusion within the regulations. The changes involve the removal of definitions and references to terms such as "reserve member", "reservist", and "Reserve", replacing them with references to "Air Force Reserve" and "member of the Air Force Reserve" which are already defined in the regulations. Additionally, the rules update regulation 93 by removing an obsolete reference to a repealed regulation 97. These amendments take effect from the date of their gazettal, ensuring that the terminology within the regulations is consistent and current, thereby facilitating clearer administration and compliance within the Air Force Reserve.
Key Provisions
The Air Force Regulations (Amendment) Statutory Rule 1984 No. 198 primarily amends the Air Force Regulations (the Regulations), which govern the administration of the Australian Air Force, including its reserve forces. Section 1 of the Rule clarifies the definition of “Air Force Reserve” by removing outdated terms such as “reserve member”, “reservist”, and “Reserve”, replacing them with “Air Force Reserve” and “member of the Air Force Reserve” (section 1(1)). This change aims to eliminate confusion arising from the use of multiple terms to describe the reserve forces. Additionally, section 1(2) removes an obsolete reference in regulation 93 to the repealed regulation 97, ensuring the Regulations remain current and relevant.
The Regulations impose specific obligations on parties involved in the administration and operation of the Air Force Reserve. Under the amended Regulations, all references to the reserve forces must now use the terms “Air Force Reserve” and “member of the Air Force Reserve”. This consistency is intended to streamline communication and documentation within the Air Force and related governmental bodies. Furthermore, the amendments ensure that all references are up-to-date, removing any potential legal ambiguity that could arise from outdated terminology.
The Statutory Rule itself does not explicitly outline offences, penalties, or specific consequences for non-compliance with the amended Regulations. However, the Air Force Act 1923, under which the Regulations are made, likely provides for enforcement mechanisms. Non-compliance with the Regulations could potentially result in disciplinary action, administrative penalties, or other legal consequences as determined by the relevant authorities. While the Statutory Rule does not specify maximum penalties, these would typically be addressed under the overarching legislation, the Air Force Act 1923.
In summary, the Air Force Regulations (Amendment) Statutory Rule 1984 No. 198 serves to modernise the terminology used in the administration of the Air Force Reserve, ensuring clarity and consistency. By removing outdated terms and updating references, the Rule facilitates better governance and communication within the Air Force. Although the Rule does not detail specific penalties for non-compliance, the underlying Air Force Act 1923 would provide the necessary enforcement mechanisms to ensure adherence to the Regulations.