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.
Overview
The Air Force Regulations (Amendment) Statutory Rule 1985 No. 73, issued under the authority of the Minister for Defence, amends the Air Force Regulations made under the Air Force Act 1923. This amendment addresses two main issues within the existing regulations. Firstly, it removes a redundant exemption for Air Force messes, institutes, and authorised gatherings of members from State and Territory liquor-licensing laws, as this exemption has already been covered by section 123A of the Defence Act 1903. Secondly, it simplifies the administrative process for the re-engagement of airmen by removing the requirement for airmen to sign a re-engagement agreement in the presence of their commanding officer. This change aims to alleviate administrative difficulties, particularly for airmen located remotely from their units. The policy objective is to streamline administrative processes and ensure that regulations remain current and relevant to the operational needs of the Air Force.
Scope and Application
The Air Force Regulations (Amendment) Statutory Rules 1985 No. 73, issued under the authority of the Minister for Defence, amend the Air Force Regulations made under the Air Force Act 1923. These Regulations primarily address administrative matters within the Air Force, such as the use of intoxicating liquor and the re-engagement of airmen. The amendments clarify and streamline certain provisions. Firstly, the Regulations now align with the Defence Act 1903, which exempts Defence Force establishments from State and Territory liquor-licensing laws, thus removing the redundant exemption previously contained in sub-regulation 16(2) of the Regulations. Secondly, the amendments eliminate the requirement for a written re-engagement agreement for airmen, as set out in regulation 107 of the Regulations, and remove Form 2 from Schedule 1 to the Regulations. Despite these changes, the requirement for re-engagement to be effected by a written instrument, as per regulation 106 of the Regulations, remains. These amendments apply nationally and affect Air Force members, their commanding officers, and any entities involved in the administration of the Air Force. The changes are effective from the date of gazettal of the Statutory Rule and may be further extended or restricted by subordinate instruments.
Key Provisions
The main operative sections of this legislation pertain to the amendments of the Air Force Regulations, which were made under the Air Force Act 1923. Specifically, sub-regulation 16(2) of the Regulations, which previously exempted Air Force messes, institutes, and authorised gatherings from State and Territory liquor-licensing laws, has been omitted (Reg. 1). This change was necessary as section 123A of the Defence Act 1903, as amended by the Statute Law (Miscellaneous Provisions) Act (No.2) 1984, already exempts Defence Force establishments from these laws. Additionally, the requirement for a re-engagement agreement for airmen has been removed from regulation 107 of the Regulations (Reg. 2), along with the related Form 2 from Schedule 1 (Reg. 3). Re-engagement of airmen must still be conducted in writing as per regulation 106, but the administrative burden of having airmen sign an agreement in the presence of their commanding officer has been lifted.
The obligations imposed by these amendments primarily affect administrative processes within the Air Force. With the removal of sub-regulation 16(2), Air Force messes, institutes, and gatherings no longer need to comply with State or Territory liquor-licensing laws, simplifying the administrative burden. The amendments to regulation 107 and Form 2 of Schedule 1 streamline the re-engagement process by removing the requirement for airmen to sign a re-engagement agreement in the presence of their commanding officer. This change particularly benefits airmen who are located remotely from their units, reducing the logistical challenges associated with the previous requirement. Despite these changes, the necessity for re-engagement to be documented in writing remains, ensuring that the process is still formally recorded.
The legislation does not explicitly outline offences, penalties, or specific civil or criminal consequences for breaches of the amended regulations. However, it is understood that any failure to adhere to the procedures outlined in the Air Force Regulations, such as not properly documenting re-engagement in writing, could potentially lead to administrative or disciplinary actions within the Air Force. The overarching framework of the Air Force Act 1923 and Defence Act 1903 would govern such actions, though specific penalties are not detailed in this particular Statutory Rule. The amendments themselves aim to simplify and streamline processes, reducing the likelihood of administrative errors or oversights.