EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 327
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AMENDMENT OF THE AIR FORCE REGULATIONS
Section 12 of the Defence Amendment Act 1979 allows the Minister to make interim determinations amending or repealing regulations. The Act also deems such interim determinations to be Statutory Rules.
Regulations 605, 606 and 607 of the Air Force Regulations provide for payment of Vehicle Allowance to members of the Air Force who are authorized to use their privately owned vehicles on travel which would otherwise be at Commonwealth expense.
Determination 0402, Vehicle Allowance, a tri-Service determination made under section 58B of the Defence Act 1903 will replace the above regulations. These Statutory Rules repeal regulations 605, 606 and 607 with effect from the date Determination 0402 is made.
The Statutory Rules also make necessary consequential amendments to Air Force Regulations 645A and 647.
Overview
The Statutory Rules 1984 No. 327, issued under the authority of the Minister for Defence, pertains to amendments of the Air Force Regulations. Enacted to address the need for streamlined and updated provisions concerning the payment of Vehicle Allowance to Air Force members, this legislation repeals certain existing regulations and incorporates a tri-Service determination. Section 12 of the Defence Amendment Act 1979 empowers the Minister to make interim determinations that amend or repeal regulations, which are subsequently deemed to be Statutory Rules. This specific piece of legislation repeals regulations 605, 606, and 607 of the Air Force Regulations, which previously governed the payment of Vehicle Allowance, in favour of the new tri-Service determination 0402. The intent behind these changes is to ensure that the allowances are governed by a unified and updated set of rules across the services, thereby enhancing efficiency and consistency in the administration of allowances.
Scope and Application
The Air Force Regulations Amendment (Vehicle Allowance) Statutory Rules 2004 (Cth) concern the amendment and repeal of certain provisions within the Air Force Regulations pertaining to the payment of Vehicle Allowance to members of the Australian Defence Force who use their privately owned vehicles for travel that would otherwise be at Commonwealth expense. This Act applies specifically to members of the Air Force who are authorised to use their own vehicles for official travel, directly affecting their remuneration and entitlements. The geographical scope of the Act is national, as it pertains to the Australian Defence Force and its regulations, which apply across all states and territories in Australia. The determinations outlined in these Statutory Rules are intended to streamline and unify the payment of Vehicle Allowance across the tri-Service, as per Determination 0402 made under the Defence Act 1903. The repeal of Regulations 605, 606 and 607, along with the consequential amendments to Regulations 645A and 647, ensures that the new determinations are implemented effectively and consistently throughout the Air Force.
Key Provisions
The main provisions of this legislation concern the amendment of the Air Force Regulations in relation to the payment of Vehicle Allowance to Air Force members. Specifically, section 12 of the Defence Amendment Act 1979 empowers the Minister to make interim determinations to amend or repeal existing regulations, which are deemed to be Statutory Rules (s. 12). In this case, the regulations being repealed are 605, 606 and 607, which dealt with the payment of Vehicle Allowance to Air Force members authorised to use their privately owned vehicles for travel at Commonwealth expense. The repeal of these regulations is effective from the date that Determination 0402, Vehicle Allowance, is made, which is a tri-Service determination under section 58B of the Defence Act 1903 (s. 12).
The Air Force Regulations are governed by this legislation, which imposes specific obligations and requirements on the parties involved. The Act requires the Minister to make interim determinations to amend or repeal regulations, which are then deemed Statutory Rules. The Act also requires the consequential amendments to Air Force Regulations 645A and 647 to be made in order to ensure the smooth implementation of the new determination. These amendments are necessary to ensure that the new rules are fully integrated into the existing regulatory framework.
Failure to comply with the provisions of this legislation could result in civil or criminal consequences. However, the legislation does not specify any offences, penalties, or maximum penalties for breach. It is likely that any breaches of the regulations would be dealt with under the relevant provisions of the Defence Act 1903 or other applicable legislation. It is important for parties governed by the Act to ensure that they are fully compliant with the new rules and any consequential amendments to the Air Force Regulations.
Overall, this legislation represents a significant change to the payment of Vehicle Allowance to Air Force members. The repeal of regulations 605, 606 and 607 and the implementation of Determination 0402, Vehicle Allowance, are likely to have a significant impact on the way in which the Air Force manages its travel expenses. Parties governed by the Act should ensure that they are fully aware of the new rules and any consequential amendments to the Air Force Regulations in order to avoid any potential breaches or non-compliance.