Air Force Regulations (Amendment)

Overview

The Statutory Rules 1984 No. 91, issued under the authority of the Minister for Defence, represent an amendment to the Air Force Regulations, reflecting the legislative intent of the Defence Amendment Act 1979. This Act allows the Minister to issue interim determinations that amend or repeal existing regulations, which are then deemed to be Statutory Rules. Specifically, these Statutory Rules amend sub-regulation 646(4) of the Air Force Regulations to account for changes made by Determination 0199, which governs the pay of Reserve Force Members. This determination, made under section 58B of the Defence Act 1903, replaces most provisions of the Defence Force (Reserves) (Financial) Regulations, thereby ensuring that the entitlements of Reserve Force members are legally enforced. The purpose of this amendment is to maintain regulatory coherence and legal clarity in the financial arrangements for Reserve Force members following the introduction of Determination 0199.

Scope and Application

The Air Force Regulations, amended by these Statutory Rules, apply to members of the Australian Defence Force, specifically those within the Air Force component, including both full-time and Reserve Force members. The Regulations govern various aspects of their service, including financial entitlements which are now subject to Determination 0199, Pay of Reserve Force Members, under the Defence Act 1903. This legislative change affects the financial regulations applicable to Reserve Force members, replacing the previous Defence Force (Reserves) (Financial) Regulations. The scope of the Act is national, as it pertains to the Commonwealth's defence force regulations. The amendments extend to all members of the Reserve Force within the Air Force, and the changes will take effect on the date Determination 0199 is issued under section 58B of the Defence Act 1903. The Act does not explicitly state any exclusions, exemptions, or thresholds, but the scope of the application is limited to the financial regulations of Reserve Force members in the Air Force. Any further specification or extension of the application is potentially covered by subordinate instruments issued under the authority of the Minister for Defence.

Key Provisions

The key operative sections of this legislation, particularly in relation to the Air Force Regulations, focus on the amendment and repeal of existing regulations concerning the financial entitlements of Reserve Force members. Section 12 of the Defence Amendment Act 1979 empowers the Minister to make interim determinations that amend or repeal regulations, which are deemed to be Statutory Rules. This means that the determinations have the same legal effect as regulations made under statute. Specifically, Determination 0199, which pertains to the pay of Reserve Force members, is set to replace most of the Defence Force (Reserves) (Financial) Regulations. This determination will give legal effect to the entitlement to pay for members of the Reserve Force, as provided under section 58B of the Defence Act 1903. These Statutory Rules impose obligations on various parties to ensure that the changes to the Air Force Regulations are implemented effectively. The main obligation is to update sub-regulation 646(4) of the Air Force Regulations to reflect the new Determination 0199. This requires the relevant authorities to amend the referenced regulation to refer to the new financial regulations for Reserve Force members. The date of effect for these changes will be the date on which Determination 0199 is made under section 58B of the Defence Act 1903. The legislation also outlines the consequences for non-compliance with the new regulations. While the specific offences, penalties, or civil/criminal consequences for breaching these regulations are not detailed in the explanatory statement, it is implied that failure to comply with the mandated changes could lead to legal repercussions. Typically, non-compliance with defence-related regulations can result in administrative penalties, legal action, or other disciplinary measures as deemed appropriate by the relevant authorities. Given the critical nature of financial entitlements in the military context, adherence to these regulations is essential to maintain the integrity and functionality of the Reserve Force compensation system.