Air Force Regulations (Amendment)

Overview

The Statutory Rules 1980 No. 41, made under the Defence Amendment Act 1979, address the need to adjust the education allowance provisions for members of the Australian Defence Force. Enacted by the Minister of State for Administrative Services acting on behalf of the Minister of State for Defence, these rules seek to amend specific regulations within the Air Force Regulations to reflect updated financial allowances. The overarching objective is to ensure that the educational support provided to Defence personnel remains current and adequately reflects the costs associated with sending children to school. This interim determination was designed to provide necessary financial adjustments without the delay of waiting for comprehensive legislative changes, ensuring that personnel receive the updated allowances promptly.

Scope and Application

The Interim Determination under the Defence Amendment Act 1979 applies to the Air Force Regulations and specifically pertains to the education allowance for children of Air Force personnel. This legislative instrument is enacted by the Minister of State for Administrative Services acting on behalf of the Minister of State for Defence, highlighting its Commonwealth jurisdiction. The changes to Regulation 634 concern the financial thresholds for the education allowance, affecting amounts payable for children attending school during the year starting 1 January 1979 and any subsequent years. Notably, the Interim Determination does not explicitly outline exclusions, exemptions, or thresholds beyond those specified in the amendments to Regulation 634. The application of this legislation is limited to the adjustments mentioned and does not extend to other areas of the Air Force Regulations or any other Defence-related enactments unless further specified through subordinate instruments.

Key Provisions

The key provisions of this Interim Determination, as made under the Defence Amendment Act 1979, primarily concern amendments to the Air Force Regulations, specifically regulation 634 (paragraphs 1(a) to 1(e) in the document). Regulation 634 pertains to the education allowance payable in respect of the attendance of a child at a school. This allowance is adjusted to reflect certain changes in financial parameters, including the substitution of specific monetary figures with new ones. These amendments ensure that the education allowance is updated to reflect current financial standards for the fiscal year beginning 1 January 1979 and any subsequent years (clause 2). The obligations imposed by this legislation on relevant parties, primarily those within the Defence force, include adherence to the new financial provisions outlined in the amended regulation 634. Defence personnel and their families who are entitled to an education allowance must ensure that they meet the criteria set forth in the updated regulation to receive the appropriate financial support. This necessitates that Defence authorities, such as the Department of Defence, accurately calculate and disburse the updated education allowance as per the new figures specified in the amended regulation (regulation 634). The document does not explicitly mention any offences, penalties, or legal consequences for non-compliance with the amended regulation 634. However, non-compliance with Defence regulations generally may lead to administrative or disciplinary actions. Given that this is an interim determination, it is expected that further regulations or amendments will be introduced to provide more detailed guidance on the consequences of non-compliance, including potential civil or criminal penalties, although these are not specified in this particular legislation.