EXPLANATORY STATEMENT
STATUTORY RULES 1988 NO. 93
ISSUED BY THE AUTHORITY OF THE
MINISTER FOR DEFENCE SCIENCE AND PERSONNEL
AIR FORCE REGULATIONS (AMENDMENT)
The Air Force Regulations, made under the Air Force Act 1923, prescribe various matters relating to the organisation and administration of the Air Force, including some financial conditions of service.
Background
Until 1979 financial conditions of service for members of the Defence Force were prescribed in Regulations. Following amendments to the Defence Act 1903 in 1979, provision for these conditions was progressively transferred to determinations made under the Act. Since 1985, all financial conditions of service have been determined under sections 58B and 58H of the Defence Act 1903. As determinations were made under sections 58B and 58H, the superseded provisions were progressively removed from the Regulations.
The Statutory Rule repeals residual provisions that no longer operate, as a result of the transfer of the provisions relating to conditions of service to determinations. The Statutory Rule also makes various consequential amendments.
Air Force Regulations (Amendment)
Regulation 1 of the Statutory Rule omits definitions that are redundant.
Regulation 2 repeals Part X of the Air Force Regulations. Regulation 515, the only regulation contained in Part X, deals with deductions from salary in respect of loss or damage caused by the negligence or misconduct of a member. This matter is now dealt with by Part XIIA of the Audit Act 1901.
Regulation 3 omits subregulations that are redundant, and makes an amendment consequential on the enactment of the Veterans’ Entitlements Act 1986 (which replaced the Repatriation Act 1920).
Regulation 4 repeals various redundant provisions.
Regulations 5 and 6 make amendments consequential on the enactment of the Veterans’ Entitlements Act 1986.
Commencement
The Statutory Rule comes into operation on the date of gazettal.
Overview
The Air Force Regulations (Amendment) Statutory Rules 1988 were enacted to streamline and modernise the Air Force Regulations by removing outdated provisions that were superseded by the Defence Act 1903 and other legislative changes. This amendment addresses the need to align the Air Force Regulations with the current legislative framework, particularly in terms of financial conditions of service for Air Force members, which have been governed by determinations under the Defence Act 1903 since 1985. The regulation was issued under the authority of the Minister for Defence Science and Personnel, ensuring alignment with the overarching policy objectives of the Defence Force. The primary goal of these amendments is to enhance the efficiency and clarity of the regulatory framework governing the Air Force by repealing redundant provisions and making necessary consequential changes.
Scope and Application
The Air Force Regulations (Amendment) Statutory Rule 1988 No. 93, issued under the authority of the Minister for Defence Science and Personnel, pertains to the Air Force Regulations established under the Air Force Act 1923. This legislation applies to members of the Australian Defence Force, specifically those in the Air Force, and governs matters relating to their organisation and administration, including financial conditions of service. The amendments are a result of the transfer of financial conditions of service from the Regulations to determinations under the Defence Act 1903, with the most recent changes reflecting the enactment of the Veterans’ Entitlements Act 1986. The scope of this Act extends to the Commonwealth, affecting all Air Force personnel and the administrative practices within the Defence Force. The Statutory Rule repeals several redundant provisions and makes consequential amendments to align the Regulations with current legislative frameworks, ensuring that outdated or superseded rules are no longer in effect. This includes removing references to deductions from salary for loss or damage caused by negligence or misconduct, which are now governed by the Audit Act 1901. The Statutory Rule also includes various technical amendments to maintain the coherence and relevance of the Air Force Regulations.
Key Provisions
The Air Force Regulations (Amendment) Statutory Rule 1988 No. 93 primarily serves to streamline and modernise the Air Force Regulations by removing outdated provisions and ensuring consistency with more recent legislation. Regulation 1 (1) omits redundant definitions, thus decluttering the Regulations by removing terms and phrases that are no longer applicable. Regulation 2 (2) repeals Part X, which dealt with deductions from salary for loss or damage caused by the negligence or misconduct of a member, a matter now governed by Part XIIA of the Audit Act 1901 (3). Regulation 3 (3) addresses subregulations that are no longer relevant and amends certain provisions in light of the Veterans’ Entitlements Act 1986, which superseded the Repatriation Act 1920 (4). Finally, Regulation 4 (4) removes various other redundant provisions to ensure the Regulations are current and practical.
Under this Statutory Rule, the obligations and requirements imposed on the parties governed are primarily administrative and procedural. For example, where financial conditions of service were previously detailed in the Air Force Regulations, they are now determined under the Defence Act 1903. This shift means that entities such as the Department of Defence and individual members of the Air Force must now refer to the Defence Act 1903 and its associated determinations for the latest financial conditions of service. The Audit Act 1901 takes over the handling of salary deductions for negligence or misconduct, which means that any disputes or administrative processes related to such deductions must now comply with the provisions of the Audit Act 1901 rather than the Air Force Regulations.
In terms of potential offences, penalties, or consequences for breaches, the Statutory Rule itself does not introduce new criminal or civil penalties. However, it does make consequential amendments that align with the broader legislative framework. For instance, any breach of the financial conditions of service now falls under the Defence Act 1903, which includes specific provisions for enforcement and penalties. Under the Audit Act 1901, failure to comply with the new procedures for salary deductions could lead to legal action or administrative penalties, as outlined in that Act. The exact penalties would depend on the specific breach and the relevant provisions of the Defence Act 1903 or the Audit Act 1901, but could include fines or other corrective measures. The Statutory Rule comes into effect on the date of its gazettal, ensuring that all parties are aware of and comply with the updated legislative requirements from that point forward.