Air Force Regulations (Amendment)

Overview

The Statutory Rules 1983 No. 15, issued under the authority of the Minister for Defence, amend the Air Force Regulations in alignment with the Defence Amendment Act 1979. This legislation specifically targets Regulation 645E, which previously provided for the payment of a gratuity to members of the Air Force Emergency Force when called out on continuous full-time service. The repeal of Regulation 645E is necessitated by the introduction of Determination 0798, titled "Gratuity for Members of the Emergency Reserve," which was enacted under section 58B of the Defence Act 1903. The effective date of these changes coincides with the date of Determination 0798, ensuring a seamless transition and addressing any legislative gaps that existed under the previous regulation. The policy objective appears to be the rationalisation and modernisation of compensation practices within the emergency reserve forces of the Australian Defence Force.

Scope and Application

The Statutory Rules 1983 No. 15, issued by the authority of the Minister for Defence, involve amendments to the Air Force Regulations concerning the payment of a gratuity to members of the Air Force Emergency Force. Specifically, these rules repeal Regulation 645E, which previously provided for such payments, and replace it with Determination 0798, titled "Gratuity for Members of the Emergency Reserve." This change was authorised under Section 58B of the Defence Act 1903 and follows the authority granted by Section 12 of the Defence Amendment Act 1979, which allows the Minister to make interim determinations amending or repealing regulations. These interim determinations are deemed to be Statutory Rules, thus making the amendments effective upon the issuance of Determination 0798. The changes apply to members of the Air Force Emergency Force who are called out on continuous full-time service and are subject to the provisions of Determination 0798, which provides the new framework for gratuity payments.

Key Provisions

The Statutory Rules 1983 No. 15, issued under the authority of the Minister for Defence, amend the Air Force Regulations by repealing Regulation 645E, which previously dealt with the payment of a gratuity to members of the Air Force Emergency Force called to continuous full-time service. This repeal is in accordance with the authority granted under section 12 of the Defence Amendment Act 1979. Regulation 645E has been replaced by Determination 0798, which is made under section 58B of the Defence Act 1903. The changes take effect from the date Determination 0798 is made. The primary obligations imposed by these Statutory Rules revolve around the updated framework for gratuity payments to members of the Emergency Reserve. Under the new Determination 0798, the conditions, eligibility, and calculation methods for gratuity payments are now governed by this determination instead of the repealed Regulation 645E. The transition ensures that members who are called to continuous full-time service under the Defence Act 1903 are appropriately compensated in line with the updated regulations. Entities such as the Department of Defence and the affected members of the Air Force Emergency Force must adhere to the provisions set out in Determination 0798. This includes ensuring that the gratuity payments are processed correctly and that any changes to the conditions of service are communicated effectively. The Department of Defence is responsible for implementing the changes and ensuring compliance with the new determination. In terms of consequences for non-compliance, the Statutory Rules do not explicitly detail specific offences, penalties, or consequences for breach. However, the overarching legislation, including the Defence Act 1903 and the Defence Amendment Act 1979, may impose various penalties and legal actions for non-compliance with defence-related regulations. These could range from administrative penalties to legal action under the relevant acts. The precise penalties would be determined in accordance with the specific provisions of those acts, and could include fines or other legal repercussions depending on the nature and severity of the breach.