Air Force Regulations (Amendment)

Overview

The Statutory Rules 1984 No. 330, issued under the authority of the Minister for Defence, represent an amendment to the Air Force Regulations in light of the Defence Amendment Act 1979. Specifically, these rules address the issue of financial support for dependants of Air Force members who are undergoing imprisonment or detention. By repealing Regulation 562A, the rules facilitate the implementation of Determination 0806, the Detained Member’s Dependant Allowance, which was made under section 58B of the Defence Act 1903. This legislative update ensures that the allowance process aligns with contemporary requirements and maintains the welfare support for affected families. The objective of these changes is to streamline and modernise the existing regulations to better serve the needs of service members and their dependants.

Scope and Application

The Air Force Regulations Amendment (Detained Member’s Dependant Allowance) Statutory Rules 1984, issued under the authority of the Minister for Defence, pertain to members of the Australian Air Force who are undergoing imprisonment or detention and their dependants. These rules specifically address the allowance payable to an allottee of a detained member, thereby affecting the financial support structure for such individuals and their families. The application of these rules is limited to members of the Air Force and their designated dependants who find themselves in a situation of imprisonment or detention. Geographically, the application is confined within the Commonwealth of Australia, as these regulations are a part of the federal legislative framework. The amendment replaces the existing regulation 562A with Determination 0806, which is made under section 58B of the Defence Act 1903, and the effect of these changes comes into force on the date that Determination 0806 is made. No specific exclusions or exemptions are noted within the text of the explanatory statement, and the scope is restricted to the outlined amendments without any mention of extensions through subordinate instruments.

Key Provisions

The key operative sections of the Statutory Rules 1984 No. 330 amend the Air Force Regulations by repealing regulation 562A, which previously provided for payment of an allowance to an allottee of a member of the Air Force who was undergoing imprisonment or detention. This repeal is pursuant to section 12 of the Defence Amendment Act 1979, which allows the Minister to make interim determinations amending or repealing regulations, deemed to be Statutory Rules (Section 12). The allowance that was previously provided by regulation 562A is now governed by Determination 0806, titled Detained Member’s Dependant Allowance, made under section 58B of the Defence Act 1903. The effect of these Statutory Rules is effective from the date Determination 0806 is made. The Air Force Regulations, as amended by these Statutory Rules, impose obligations on the relevant parties, primarily concerning the payment of allowances. The repeal of regulation 562A means that any entitlements previously provided by that regulation are now governed by Determination 0806. This determination sets out the criteria and procedures for the payment of allowances to the dependants of detained members of the Air Force. The Air Force must comply with the terms of Determination 0806, ensuring that eligible dependants receive the appropriate allowances in accordance with the new provisions. There are no specific offences, penalties, or civil/criminal consequences outlined within the Statutory Rules 1984 No. 330 themselves. However, non-compliance with the terms of Determination 0806 could potentially lead to legal consequences under the Defence Act 1903 or other relevant legislation. For example, failure to provide the correct allowance as stipulated by Determination 0806 could result in administrative or disciplinary action against the responsible parties within the Air Force. The exact penalties would depend on the nature and severity of the non-compliance, as well as any applicable Defence Force rules or regulations.