EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 73
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AIR FORCE REGULATIONS (AMENDMENT)
The Air Force Regulations, made under the Air Force Act 1923, provide for various matters relating to the administration of the Air Force, including provision for the use of intoxicating liquor and for the re-engagement of airmen.
Licensing Exemption
Formerly, sub-regulation 16(2) of the Regulations exempted Air Force messes, institutes and authorised gatherings of members of the Air Force from the application of State or Territory liquor-licensing laws. Section 123A of the Defence Act 1903, which was substituted by the Statute Law (Miscellaneous Provisions) Act (No.2) 1984, exempts Defence Force establishments, camps, units, messes, canteens, vessels and authorised gatherings of members of the Defence Force from the operation of State and Territory liquor-licensing laws. Sub-regulation 16(2) of the Regulations was therefore rendered redundant.
Regulation 1 of the Statutory Rule omits sub-regulation 16(2) of the Regulations.
Re-engagement
Regulation 106 of the Regulations provides that, where a member agrees to be re-engaged, the member shall be re-engaged by instrument in writing. (Airmen are enlisted for fixed terms of years, and re-engagement action would be taken at the end of an initial engagement or a previous re-engagement).
Formerly, regulation 107 of the Regulations required, inter alia, a re-engaging airman to sign, in the presence of that airman’s commanding officer, an agreement in accordance with Form 2 of Schedule 1 to the Regulations. This requirement caused administrative difficulties, particularly where airmen were remotely located from their units. Also, in view of the present terms of regulation 106, following amendment in recent years, there is now no legal need for a re-engagement agreement.
Regulation 2 of the Statutory Rule amends regulation 107 of the Regulations to dispense with the requirement for a re-engagement agreement.
Regulation 3 of the Statutory Rule amends Schedule 1 to the Regulations by omitting Form 2 of Schedule 1.
Re-engagement must still be effected by instrument, in accordance with the provisions of regulation 106 of the Regulations.
Commencement
The amendments have effect from the date of gazettal of the Statutory Rule.