Air Force Regulations (Amendment)

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Statutory Rules

1974 No. 79

REGULATIONS UNDER THE AIR FORCE ACT 1923-1973.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Air Force Act 1923-1973.

Dated this fifteenth day of May, 1974.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Minister of State for Defence.

 

Amendments of the Air Force Regulations†

Commencement.

1. These Regulations shall be deemed to have come into operation on 1 January 1973.

Recreation leave—basis for granting leave and time of eligibility for grant.

2. Regulation 122 of the Air Force Regulations is amended—

(a) by omitting sub-regulation (2) and substituting the following sub-regulations:—

“(2) A member, other than a flying member, who was a member on 1 January 1973 may be granted—

(a) in respect of his service in the year that ended on 30 June 1971 or an earlier year—recreation leave for a period not exceeding fifteen days (not including a Saturday, Sunday or holiday);

(b) in respect of his service in the year that ended on 30 June 1972—recreation leave for a period not exceeding—

(i) seven and one half days (not including a Saturday, Sunday or holiday) in respect of the period 1 July 1971 to 31 December 1971; and

* Notified in the Australian Government Gazette on 21 May 1974.

† Statutory Rules 1927, No 161, as amended by Statutory Rules 1928, Nos. 52 and 109; 1929, Nos. 75 and 114; 1930, Nos. 77, 94 and 135; 1931, Nos. 3, 78 and 115; 1932, Nos. 9, 63 and 133; 1933, Nos. 16, 46, 58, 82, 89 and 117; 1934, Nos. 25, 51, 74, 81, 122 and 125; 1935, Nos. 32 and 98; 1936, No. 17; 1937, No. 21; 1938, Nos. 12, 13, 22, 48, 77, 97 and 120; 1939, Nos. 21, 64 and 142; 1940, Nos. 31, 53, 75, 114, 125, 140, 220, 241 and 279; 1941, Nos. 68, 106, 137, 181 and 228; 1942, Nos. 29, 158, 232, 254, 346, 383, 416, 440, 441, 476 and 543; 1943, Nos. 119 and 198; 1944, Nos. 34, 50, 64, 75, 146 and 153; 1945, Nos. 49, 79, 95, 105, 196 and 201; 1946, Nos. 40, 111, 145 and 162; 1947, No. 22; 1948, Nos. 34, 51, 67, 86 and 152; 1949, Nos. 82, 86 and 115; 1950, No. 6; 1952, Nos. 14 34, 49 and 86; 1954, Nos. 30 and 132; 1955, Nos. 36, 41 and 92; 1956, Nos. 19 and 4; 1958, No. 62; 1959, No. 100; 1960, No. 52; 1961, Nos. 7, 14, 28, 46, 88, 95, 126, 131 and 138; 1962, No. 24; 1963, Nos. 63, 64, 76, 91, 114, 116 and 117; 164, Nos. 9, 13, 47, 94 and 9; 1965, Nos. 9, 10, 25, 57, 58, 7, 141, 142, 143, 153 and 166; 1966, Nos. 4, 30, 127 and 150; 1967, Nos. 11, 39, 104 and 171; 1968, Nos. 90, 98, 140 and 155; 1969, Nos. 3, 116, 117, 148 and 180; 1970, Nos. 2, 37, 117, 132 and 156; 1971, Nos. 50, 78 and 121; 1972, Nos. 16. 23, 54, 87, 89 91 and 144; and 1973, Nos. 96, 97, 98, 100, 172, 199, 200, 246 and 258. See also the Defence Force (Salaries) Regulations (Statutory Rules 1973, No. 100, as amended by Statutory by Statutory Rules 1973, No. 132, 201, 203, 249 and 269.

11058/74—Price 5c 10/15.3.1974

(ii) ten days (not including a Saturday, Sunday or holiday) in respect of the period 1 January 1972 to 30 June 1972; and

(c) in respect of his service in a subsequent year—recreation leave for a period not exceeding twenty days (not including a Saturday, Sunday or holiday).

“(2a) A member, other than a flying member, who became a member after 1 January 1973 may be granted in respect of each year of his service recreation leave for a period not exceeding twenty days (not including a Saturday, Sunday or holiday).”;

(b) by omitting from sub-regulation (5) the words “Where the period” and substituting the words “Subject to sub-regulation (5a), where the period”;

(c) by omitting from sub-regulation (5) the figures and word “(1), (2) and (3)” and by substituting the figures and word “(1), (2), (2a) and (3)”; and

(d) by omitting sub-regulation (5a) and substituting the following sub-regulations:—

“(5a) Where the period for which a member, other than a flying member, who was a member on 1 January 1973, served in the year that, ended on 30 June 1972 is less than twelve months, the period of recreation leave that may be granted to the member in respect of his service in that year is a period equal to the sum of—

(a) the period (if any) that bears to seven and one half days the same proportion as the number of months during the period 1 July 1971 to 31 December 1971 for which the member served in that period, bears to six; and

(b) the period (if any) that bears to ten days the same proportion as the number of months during the period 1 January 1972 to 30 June 1972 for which the member served in that period bears to six.

“(5b) For the purposes of sub-regulations (5) and (5a), where a member has—

(a) served in a year; or

(b) served in a remote locality in a year,

for a number of months and a number of additional days, the member shall, if the number of additional days amount to not less than thirty, be deemed to have served for one additional month in that year or in that remote locality in that year, as the case may be, for each thirty days in the number of additional days.”.

Printed by Authority by the Government Printer of Australia

Overview

The Statutory Rules 1974 No. 79, made under the Air Force Act 1923-1973, address the need to amend the Air Force Regulations concerning the granting of recreation leave. Enacted by the Governor-General of Australia, acting on the advice of the Executive Council, these regulations were designed to ensure the rules governing recreation leave within the Air Force were updated to reflect service periods as of 1 January 1973. This legislative instrument aims to provide clarity and fairness in the allocation of leave entitlements for members of the Air Force based on their service dates and conditions. The regulations clarify the leave periods for different categories of members, thereby ensuring that the policy objective of providing adequate recreation leave is met efficiently.

Scope and Application

The Statutory Rules 1974 No. 79, Regulations under the Air Force Act 1923-1973, specifically amend the Air Force Regulations concerning the granting of recreation leave to members of the Australian Defence Force (ADF). These regulations apply to members of the ADF, excluding flying members, who were members prior to and after 1 January 1973. The regulations outline the criteria for the eligibility and duration of recreation leave, distinguishing between members who were part of the ADF on 1 January 1973 and those who joined thereafter. The leave entitlements are calculated based on the service periods within specific timeframes, with provisions to adjust the leave duration if the member served less than twelve months in a particular year. These regulations are applicable nationally as they are made under the Commonwealth Air Force Act 1923-1973 and are effective from 1 January 1973. The amendments do not explicitly mention exclusions or thresholds but focus on adjusting the leave entitlements based on the service period. The regulations may be further extended or restricted through subordinate instruments as necessary.

Key Provisions

The Statutory Rules 1974 No. 79, made under the Air Force Act 1923-1973, introduce amendments to the Air Force Regulations concerning recreation leave for members of the Air Force. These amendments primarily concern the eligibility and calculation of recreation leave for members who were part of the Air Force on 1 January 1973, and those who joined after this date. Regulation 122 (2) is amended to clarify that members who were part of the Air Force on 1 January 1973 may be granted recreation leave based on their service in specific periods leading up to that date, with the leave periods varying depending on the year of service. For instance, members who served in the year ending 30 June 1971 or earlier can receive up to fifteen days of recreation leave. Those who served in the year ending 30 June 1972 can receive a pro-rata amount of recreation leave based on the months served during specified periods within that year. For subsequent years, these members can receive up to twenty days of recreation leave. Members who joined the Air Force after 1 January 1973 are entitled to up to twenty days of recreation leave for each year of service. The amendments also introduce new sub-regulations (5a) and (5b) to provide a detailed method for calculating the recreation leave for members who served less than twelve months in the year ending 30 June 1972. This calculation considers the proportion of months served relative to a six-month period, ensuring that the leave is fairly distributed based on actual service time. Additionally, sub-regulation (5b) addresses the counting of additional days served, treating any additional days amounting to at least thirty days as an additional month of service for the purpose of leave calculation. The Regulations impose specific obligations on the Air Force to correctly assess and calculate recreation leave based on the new provisions. This includes ensuring that the leave granted aligns with the detailed criteria set out in the amended Regulation 122. The Air Force must also ensure that any leave granted to members who served less than twelve months in the year ending 30 June 1972 is calculated using the specified method to avoid discrepancies. Failure to comply with the new provisions could result in members not receiving the correct amount of recreation leave, potentially leading to disputes and the need for legal recourse. Although the Regulations do not explicitly state penalties for non-compliance, breaches could lead to administrative reviews or legal challenges under the Air Force Act 1923-1973, where penalties and consequences for non-compliance with statutory requirements are outlined.

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Area of Law
Military Law
Instrument
Regulation
Concepts
Commencement Provisions
Regulatory Standards
Recreation Leave

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