EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO 104
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AIR FORCE ACT 1923 - AIR FORCE REGULATIONS
(AMENDMENT)
The Air Force Regulations, made under the Air Force Act, prescribe conditions of service for members of the Air Force.
Regulation 534B of the Air Force Regulations enables the Commonwealth to recover from a former member of the Air Force salary paid during a period of recreation leave where that period exceeded the member’s entitlement. The situation arises where a member has taken leave in anticipation of a leave credit but is discharged before the credit becomes due.
Regulation 534CA defined salary for the purpose of regulation 534B.
The definition of salary in regulation 534CA followed the definition of salary in Determination 2601, Recreation Leave, made under section 58B of the Defence Act 1903. “Salary”, in this context, includes various allowances which can change from time to time.
Regulation 1 of this Statutory Rule amends regulation 534B to enable the Minister for Defence to specify the allowances and any other payments to be included in salary for the purposes of that regulation.
Regulation 2 consequentially repeals regulation 534CA of the Air Force Regulations.
As a result of the amendments, the Minister for Defence is able to alter the definition of salary for the purposes of regulation 534B to accord with the definition in Determination 2601 at the same time as amendment of the latter.
The requirement for an amendment of the regulations to make an identical consequential amendment each time the definition in Determination 2601 is altered is thereby eliminated.
The amendments have effect from the date of gazettal.