EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 3
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AMENDMENT OF THE AIR FORCE REGULATIONS
Section 12 of the Defence Amendment Act 1979 provides that the Minister may make interim determinations amending or repealing regulations. The Act also deems such interim determinations to be Statutory Rules.
Regulations 556J and 556K of the Air Force Regulations provide for payment of Higher Duty Allowance to memebers of the Air Force who temporarily perform the duties of a higher position.
Determination 0104, Higher Duties Allowance, a tri-service determination made under section 58B of the Defence Act 1903, will consolidate all the provisions relating to the allowance and will replace regulations 556J and 556K. The Statutory Rules therefore repeal the regulations.
The Statutory Rules also make minor consequential amendments to regulation 534, of the Air Force Regualtions
The date of effect is the date Determination 0104 is made.
Overview
The Statutory Rules 1982 No. 3, issued under the authority of the Minister for Defence, serves to amend the Air Force Regulations. Enacted to streamline and consolidate the provisions concerning the Higher Duty Allowance for Air Force members, these rules address the need to update and replace the existing regulations 556J and 556K. The policy objective behind these amendments is to ensure that the allowances for higher duties are consistent and comprehensively covered under a unified determination, specifically Determination 0104, which is a tri-service determination made under section 58B of the Defence Act 1903. The changes are designed to take effect from the date Determination 0104 is made, ensuring a smooth transition and alignment with the latest legislative intent.
Scope and Application
The Air Force Regulations Amendment (Higher Duty Allowance) Statutory Rules 1982 pertain to members of the Australian Defence Force who are part of the Air Force and may be temporarily assigned higher duties. The scope of this legislation is focused on the payment of Higher Duty Allowance to these individuals, thereby ensuring that the allowances are regulated and updated in accordance with current operational requirements. The regulations are designed to replace and consolidate existing provisions related to this allowance, as outlined in former regulations 556J and 556K, by incorporating the provisions of Determination 0104, which is a tri-service determination made under section 58B of the Defence Act 1903. Additionally, minor consequential amendments are made to regulation 534 of the Air Force Regulations. This change is applicable from the date Determination 0104 is enacted, signifying a streamlined and updated regulatory framework for the allowance in question. The legislation operates within the Commonwealth jurisdiction, impacting the administration and financial considerations for members of the Australian Defence Force who are part of the Air Force.
Key Provisions
The key provisions of these Statutory Rules (F2004B00654) are found in the repeal and amendment of specific sections of the Air Force Regulations. Section 556J and 556K, which pertain to the payment of Higher Duty Allowance to Air Force members temporarily performing higher duties, are repealed by this determination (sections 3 and 4). In their place, Determination 0104, a tri-service determination made under section 58B of the Defence Act 1903, will consolidate all provisions relating to this allowance. This consolidation ensures a unified approach to the allowance across the services. Additionally, the Statutory Rules make minor consequential amendments to regulation 534 of the Air Force Regulations, although the specifics of these amendments are not detailed within the provided explanatory statement.
The obligations imposed by these Statutory Rules primarily revolve around the administration and application of the Higher Duty Allowance as outlined in Determination 0104. Air Force members who are eligible for this allowance must comply with the criteria and procedures established by the determination. This includes providing necessary documentation and evidence of temporary duty in a higher position. The Air Force, in turn, is obligated to process claims for the allowance in accordance with the new consolidated regulations. The intent is to streamline the process and ensure consistency in how the allowance is granted and paid.
There are no explicit offences, penalties, or consequences detailed in the provided text. However, non-compliance with the new regulations or failure to adhere to the procedures set out in Determination 0104 could potentially lead to administrative issues or disputes regarding the allowance. In such cases, the Air Force would likely address these issues internally, possibly leading to formal investigations or disciplinary actions if fraudulent claims or procedural violations are found. Although the specific penalties are not outlined, adherence to the new regulations is crucial to avoid any negative repercussions for both the members and the Air Force administration.