Air Force Regulations (Amendment)

Overview

Statutory Rules 1980 No. 176, an Interim Determination under the Defence Amendment Act 1979, was enacted to address specific administrative and procedural requirements within the Air Force Regulations. This legislation was introduced by the Minister of State for Defence, D. J. Killen, and made effective from 1 July 1980. The Interim Determination modifies certain provisions of the Air Force Regulations to align with new leave entitlements and other related benefits established under the Defence Act 1903. It aims to streamline and update the Air Force Regulations to reflect recent changes in leave policies, thereby ensuring consistency and fairness in the application of leave entitlements across the Defence Force.

Scope and Application

The Interim Determination under the Defence Amendment Act 1979 applies to the Air Force Regulations and is specifically directed at members of the Air Force who are on or commence service after 1 July 1980. It affects the leave entitlements, recreation leave, payment in lieu of recreation leave, leave in the last year of service, and higher duty allowances for these members. The amendments are made to align certain regulations with other determinations concerning recreation leave, leave for members under training, and leave for special purposes, all of which are made under the Defence Act 1903. The Interim Determination is a legislative instrument intended to modify existing Air Force regulations in the Commonwealth of Australia. The application of this legislation is confined to the members of the Air Force in Australia, and it does not extend to any other defence forces or services.

Key Provisions

The Interim Determination under section 12 of the Defence Amendment Act 1979, made by the Minister of State for Defence, introduces several amendments to the Air Force Regulations. These amendments concern the war service leave, payment in lieu of recreation leave, leave in the last year of service, and higher duty allowance. Specifically, regulation 129A of the Air Force Regulations is altered to substitute references to "regulation 127" with "Determination 2601, Recreation Leave" (regulation 1). Additionally, a new regulation 136 is introduced, which specifies that certain existing regulations will not apply while other determinations are in force (regulation 2). Regulation 534A is amended to include an additional two days for each period of five days credit of recreation leave (regulation 3). Similarly, regulation 534C is amended by removing specific provisions related to leave in the last year of service (regulation 4). Lastly, regulation 556J is modified to replace references to "regulation 130" with "clause 4 of Determination 2603, Leave for Special Purposes" (regulation 5). These amendments apply to service by a member on or after 1 July 1980 (regulation 6). The amendments impose specific obligations on the parties governed by the Air Force Regulations, particularly those within the Defence Force. Members of the Air Force must adhere to the new provisions regarding war service leave, recreation leave, and special leave as outlined in the Interim Determination. This includes compliance with the new conditions for payment in lieu of recreation leave, as well as understanding that certain leave regulations will not apply while other determinations are in effect. Additionally, members must be aware of the changes to leave entitlements in the last year of service and the adjustments to higher duty allowance. These obligations ensure that all members are informed of and adhere to the updated regulations. The Interim Determination does not explicitly outline specific offences, penalties, or consequences for breach within the text provided. However, as these amendments are part of the Air Force Regulations, any failure to comply with the provisions could potentially lead to disciplinary action or other consequences as stipulated under the Defence Force Discipline Act 1984 or other relevant legislation. The exact penalties would depend on the nature and severity of the breach, as well as the internal disciplinary processes of the Defence Force. It is important for members to ensure strict compliance with these regulations to avoid any potential adverse outcomes.