Air Force Regulations (Amendment)

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STATUTORY RULES

1970  No. 117

REGULATIONS UNDER THE AIR FORCE ACT 1923-1965.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Air Force Act 1923-1965.

Dated this first day of September, 1970.

Paul Hasluck

Governor-General.

By His Excellency's Command,

Minister of State for Air.

Amendments of the Air Force Regulations†

Flying instructional pay.

1.—(1.) Regulation 553 of the Air Force Regulations is amended by omitting the words " Seventy-five cents " and inserting in their stead the words " One dollar twenty-three cents ".

(2.) Where flying instructional pay was payable to a member under regulation 553 of the Air Force Regulations in respect of the whole or a part of the period that commenced on the second day of July, 1970, and ended on the day immediately before the date of commencement of these Regulations, additional flying instructional pay is, by virtue of this sub-regulation, payable to the member in respect of that period or that part of that period at the rate of Forty-eight cents per day.

Flying pay.

2.—(1.) Regulation 553a of the Air Force Regulations is amended—

(a) by inserting after the words " rank " (last occurring) the words ", and, where relevant, his service,"; and

(b) by omitting the table and inserting in its stead the following table:—

Rank

Rate per day

 

$

Group Captain......................................

2.47

Wing Commander....................................

3.29

Squadron Leader.....................................

4.11

Flight Lieutenant—

 

On appointment....................................

3.56

After 5 years' service in rank...........................

4.11

Flying Officer.......................................

3.01

Pilot Officer........................................

2.47

Warrant Officer......................................

1.37

Flight Sergeant......................................

1.13

Sergeant....................

0.87

* Notified in the Commonwealth Gazette on 3 September 1970.

† Statutory Rules 1927, No. 161, as amended to date. For previous amendments of the Air Force Regulations, see footnote † to Statutory Rules 1970, No. 2, and see also Statutory Rules 1970, Nos. 2 and 37.

21311/70—Price 8c  10/17.8.1970


(2.) Where flying pay was payable to a member under regulation 553a of the Air Force Regulations in respect of the whole or a part of the period that commenced on the second day of July, 1970, and ended on the day immediately before the date of commencement of these Regulations, additional flying pay is payable to the member, by virtue of this sub-regulation, of an amount equal to the amount by which flying pay so paid to him is less than the flying pay that would have been payable to him if flying pay had been payable at the rates specified in regulation 553a of the Air Force Regulations as amended by these Regulations.

Education allowance.

3.—(1.) Regulation 634 of the Air Force Regulations is amended—

(a) by omitting from paragraph (a) of sub-regulation (3.) the words " One thousand one hundred and fifteen dollars " and inserting in their stead the words " One thousand two hundred and five dollars "; and

(b) by omitting from paragraphs (b) and (c) of that sub-regulation the words " One hundred and sixty-eight dollars thirty-three cents " and inserting in their stead the words " Two hundred and eight dollars thirty-three cents ".

(2.) Where a member was in receipt of education allowance in respect of the attendance of a child at a school as a boarder during the period from and including the first day of January, 1969, to and including the thirty-first day of December, 1969, or during a part of that period—

(a) the Air Board shall determine the amount that it would have considered reasonable for the purposes of paragraph (c) of sub-regulation (3.) of regulation 634 of the Air Force Regulations if the amount specified in that paragraph had been One thousand two hundred and five dollars; and

(b) the member is, by virtue of this sub-regulation, entitled to be paid a sum equal to the amount by which the amount so determined is greater than the amount of education allowance paid in respect of the attendance of the child at a school as a boarder during that period or that part of that period.

(3.) Where a member was in receipt of educational allowance in respect of the attendance of a child at a school otherwise than as a boarder for a complete school term during a part of the period from and including the first day of January, 1969, to and including the thirty-first day of December, 1969, the member is, by virtue of this sub-regulation, entitled to be paid an amount of Forty dollars in respect of the attendance of the child at a school during that term.

(4.) Where a member was in receipt of education allowance in respect of the attendance of a child at a school otherwise than as a boarder for a period less than a complete school term during a part of the period from and including the first day of January, 1969, to and including the thirty-first day of December, 1969—

(a) the Air Board shall determine the amount that it would have considered reasonable for the purposes of paragraph (a) of sub-regulation (3.) of regulation 634 of the Air Force Regulations if the amount specified in that paragraph had been Two hundred and eight dollars thirty-three cents; and


(b) the member is, by virtue of this sub-regulation, entitled to be paid a sum equal to the amount by which the amount so determined is greater than the amount of education allowance paid in respect of the attendance of the child at a school otherwise than as a boarder for a period less than a complete school term during that part of that period.

(5.) Education allowance is payable in accordance with regulation 634 of the Air Force Regulations in respect of the attendance of a child at a school on or after the first day of January, 1970, as if the amendments of that regulation effected by sub-regulation (1.) of this regulation had come into operation on the first day of January, 1970.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Printed by Authority by the Government Printer of the Commonwealth of Australia

Overview

The Statutory Rules 1970 No. 117, enacted under the authority of the Air Force Act 1923-1965, serves to amend various regulations within the Air Force Regulations. These amendments primarily address the adjustment of pay rates for flying instructional pay, flying pay, and education allowance for members of the Australian Air Force. The regulations were introduced to ensure that compensation rates are adjusted to reflect changes in service conditions and economic factors, thereby maintaining the fairness and competitiveness of military remuneration. The enacting body was the Federal Executive Council, with the Governor-General making the regulations on the advice of the Minister of State for Air. The policy objective is to align military pay scales with current standards, ensuring that personnel are adequately compensated for their service.

Scope and Application

The Statutory Rules 1970 No. 117, titled "Regulations Under the Air Force Act 1923-1965," establishes amendments to the Air Force Regulations, particularly concerning flying instructional pay, flying pay, and education allowance for members of the Australian Air Force. These regulations apply to all members of the Air Force who were eligible to receive the specified payments during the period between 2 July 1970 and the date of commencement of these Regulations. The adjustments to the rates and additional payments are applicable to those members who were receiving such allowances within the defined timeframe. The amendments extend the application of the regulations by modifying the rates specified in the Air Force Regulations, ensuring that any shortfall in payments due to the amendments is compensated retroactively. The scope of these regulations is limited to the financial adjustments within the Air Force, and there are no stated exclusions or exemptions within the provided text. The regulations are applicable nationwide as they are promulgated under the Commonwealth authority.

Key Provisions

The primary sections of these Regulations, as part of the Air Force Regulations, include amendments to the rates of flying instructional pay, flying pay, and education allowance. Regulation 1 adjusts the flying instructional pay from Seventy-five cents to One dollar twenty-three cents per day (s. 1(1)). Additionally, any member who was entitled to flying instructional pay between 2 July 1970 and the commencement date of these Regulations is to receive an extra Forty-eight cents per day for that period (s. 1(2)). Regulation 2 modifies the rates of flying pay according to rank and, where relevant, service, and provides for an additional amount to be paid to members for the period between 2 July 1970 and the commencement date if the amount previously paid was less than the new rates (s. 2(1), s. 2(2)). Regulation 3 alters the rates of education allowance for children attending school as boarders or otherwise, and provides for additional payments to be made to members for periods from 1 January 1969 to 31 December 1969, based on the new rates (s. 3(1), s. 3(2)–(5)). These Regulations impose several obligations on the parties governed by them, particularly the members of the Air Force. Firstly, they require the Air Board to determine the amount that would have been reasonable for education allowance if the specified amounts had been different, for members who were in receipt of such allowance for the attendance of their children at school during certain periods (s. 3(2)(a), s. 3(4)(a)). Secondly, they mandate that additional flying instructional pay and flying pay be paid to members who were entitled to these payments during specified periods and at rates lower than those now stipulated (s. 1(2), s. 2(2)). Thirdly, they require the payment of education allowance according to the amended rates for attendance of children at school on or after 1 January 1970 (s. 3(5)). The Regulations do not explicitly mention any offences, penalties, or civil/criminal consequences for breach. However, failure to comply with the requirements for additional payments could potentially lead to disputes and the need for legal resolution to ensure members receive the correct amounts due to them. The implications of non-compliance could include financial discrepancies for affected members and the necessity for administrative reviews or judicial interventions to rectify any underpayments. The specific legal consequences would depend on the context of the breach and applicable laws governing employment and military service.

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