EXPLANATORY STATEMENT
STATUTORY RULES 1986 NO. 105
ISSUED BY THE AUTHORITY OF THE
MINISTER FOR DEFENCE
AIR FORCE REGULATIONS (AMENDMENT)
The Air Force Regulations (“the Regulations”), made under the Air Force Act 1923, provide for the organization and administration of the Air Force, including provisions referring to rates of pay and allowances.
Background
Determination 0101, Salary of Permanent Force Members (“Determination 0101”), made under section 58B of the Defence Act 1903, determines rates of pay for full-time members of the Defence Force. The Defence Force Remuneration Tribunal (“the Remuneration Tribunal”), pursuant to section 58H of the Defence Act 1903, has recently modified Determination 0101 by fixing new rates.
Regulation 530 of the Regulations provides for the commencement, calculation and cessation of pay in certain circumstances. Sub-regulation 530(6) provides that, where a member reported dead or missing is later found to be alive, amounts credited to him under Determination 0101 shall be subject to the deduction of payments made on account of his supposed death.
A consequential amendment was required to sub-regulation 530(6) to include, in the reference to Determination 0101, a reference to the modification made by the Remuneration Tribunal.
Amendments to the Air Force Regulations
This Statutory Rule amends the Regulations to:
a. omit a redundant definition in regulation 4;
b. adjust the reference to Determination 0101 in regulation 530; and
c. omit two redundant divisional headings.
Regulation 1 of the Statutory Rule amends regulation 4 to omit the definition of “weekend or periodic detention”, a phrase which is no longer used in the Regulations.
Regulation 2 of the Statutory Rule amends regulation 530 to include, in the reference to Determination 0101, such modifications of that Determination as are determined from time to time by the Remuneration Tribunal under section 58H of the Defence Act 1903.
Regulation 3 of the Statutory Rule amends Part XI of the Regulations by omitting the headings to Division 8 and Division 13. This is a formal amendment only as all the regulations contained in those Divisions have been repealed.
Commencement
The Statutory Rule comes into operation on the date of gazettal.