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 This is a formal amendment only as all the regulations contained in those Divisions have been repealed.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.
Overview
The Air Force Regulations (Amendment) Statutory Rule 1986 was introduced to address the need for updating certain provisions within the Air Force Regulations, made under the Air Force Act 1923, in response to recent modifications by the Defence Force Remuneration Tribunal to the rates of pay for full-time members of the Defence Force. This was enacted by the authority of the Minister for Defence. The primary policy objective of the amendment is to ensure that the Regulations reflect current remuneration decisions and maintain clarity and efficiency within the administrative framework of the Air Force. The rule omits redundant definitions and headings, and adjusts references to align with the modifications made by the Remuneration Tribunal, thereby ensuring that the Regulations remain relevant and accurately reflect the legislative intent.
Scope and Application
The Air Force Regulations (Amendment) Statutory Rule 1986 No. 105, issued under the authority of the Minister for Defence, amends the Air Force Regulations to update certain provisions relating to rates of pay and allowances. The Regulations, made under the Air Force Act 1923, govern the administration and organisation of the Air Force, including financial aspects. The current amendment specifically targets regulation 530, which deals with the commencement, calculation, and cessation of pay, by updating the reference to Determination 0101, a determination under the Defence Act 1903 that sets the rates of pay for full-time Defence Force members. This amendment incorporates modifications to Determination 0101 made by the Defence Force Remuneration Tribunal. Additionally, the amendment removes redundant definitions and headings that are no longer applicable. The rule applies to members of the Air Force and those affected by the amended provisions, and it has a national reach as it pertains to Commonwealth legislation. The Statutory Rule comes into effect on the date of its gazettal.
Key Provisions
The main operative sections of these Statutory Rules concern the amendment of the Air Force Regulations (1923) to align with recent modifications to the Defence Force Remuneration Tribunal’s Determination 0101. Regulation 1 removes a redundant definition from regulation 4, specifically the term "weekend or periodic detention," which is no longer relevant in the current context of the Regulations (Reg 1). Regulation 2 updates regulation 530 to incorporate modifications to Determination 0101 as determined by the Remuneration Tribunal under section 58H of the Defence Act 1903 (Reg 2). Finally, Regulation 3 omits two divisional headings from Part XI of the Regulations, namely those for Division 8 and Division 13, as all regulations within these divisions have been repealed (Reg 3).
The obligations and requirements imposed by these Regulations primarily focus on the administrative and procedural aspects of the Air Force. Regulation 1’s removal of the outdated definition ensures that the Regulations remain current and applicable to modern circumstances. Regulation 2’s amendment of regulation 530 ensures that any updates to pay rates and allowances are accurately reflected in the Regulations, thereby maintaining consistency with the Defence Force Remuneration Tribunal’s decisions. Regulation 3’s removal of redundant headings streamlines the document, making it easier to navigate and ensuring that it remains uncluttered by obsolete or repealed content.
Under these Statutory Rules, breaches or non-compliance with the updated Regulations could lead to various consequences. While the Rules themselves do not explicitly state offences or penalties for non-compliance, the broader legislative framework under which the Air Force Regulations operate may impose sanctions. For instance, non-compliance with remuneration determinations could potentially lead to administrative or disciplinary actions under the Defence Act 1903 or other relevant legislation. However, the specific penalties would depend on the nature and severity of the breach, as well as the provisions of the overarching statutes.