Statutory Rules
1977 No. 277
REGULATIONS UNDER THE AIR FORCE ACT 1923*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Air Force Act 1923.
Dated this twentieth day of December 1977.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
D. J. KILLEN
Minister of State for Defence
————
AMENDMENT OF THE AIR FORCE REGULATIONS†
Flight Pay
1. Regulation 553b of the Air Force Regulations is amended by omitting “ or salary in accordance with regulation 8 of, and Schedule 7 to, the Defence Force (Salaries) Regulations ”.
Application
2. The amendment effected by regulation 1 applies in relation to service by members of the Air Force on or after 13 October 1977.
* Notified in the Commonwealth of Australia Gazette on 22 December 1977.
† Statutory Rules 1927, No. 161 as amended to date. For previous amendments of the Air Force Regulations see footnote t to Statutory Rules 1977, No. 5 see also Statutory Rules 1977, Nos. 5, 38, 129, 142, 203, 240 and 276.
Overview
The Statutory Rules 1977 No. 277, titled "Regulations Under the Air Force Act 1923", were enacted to amend the Air Force Regulations. The primary issue these regulations sought to address was the adjustment of flight pay for members of the Air Force. By omitting certain references to salary regulations within the Defence Force (Salaries) Regulations, the amendments aimed to streamline and clarify the payment structure for Air Force personnel. This legislative instrument was made by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, thereby ensuring that the changes were aligned with the overarching objectives of the Defence sector as stipulated by the Air Force Act 1923. The amendments took effect from 13 October 1977, marking a significant adjustment in the compensation framework for Air Force members.
Scope and Application
The Air Force Regulations 1977, enacted under the authority of the Air Force Act 1923, provide a framework for governing the operations and administration of the Royal Australian Air Force. Specifically, these regulations pertain to members of the Air Force, dictating various aspects of their service and conditions, including remuneration. The regulations apply to all individuals serving in the Air Force from the effective date of the amendments, which is 13 October 1977, and onwards. The regulations' jurisdiction is national, as they are enacted by the Commonwealth of Australia. Notably, these regulations do not explicitly detail any exclusions or exemptions, but they are subject to the overarching provisions of the Air Force Act 1923, which may incorporate other exclusions or specific conditions. Furthermore, the application of these regulations may be extended or restricted through subordinate instruments, such as additional rules or guidelines issued under the authority of the Air Force Act or Defence Act.
Key Provisions
The Statutory Rules of 1977 No. 277, made under the Air Force Act 1923, involve amendments to the Air Force Regulations. Specifically, Regulation 553b (1) is amended to exclude certain references to salary provisions, clarifying the entitlements of Air Force members. This amendment applies to service performed on or after 13 October 1977 (2). The regulation aims to refine the financial entitlements of Air Force personnel by updating the reference to salary regulations, ensuring that members receive their flight pay without confusion about other salary provisions.
These regulations impose clear obligations on Air Force members regarding their financial entitlements, particularly flight pay. By removing certain references to other salary regulations, the amendments aim to streamline and clarify what members are entitled to receive. This includes ensuring that flight pay is distinct from other salary components, providing transparency and predictability in financial matters for the members.
Non-compliance with the stipulations of these regulations could lead to administrative or financial discrepancies affecting the members' entitlements. While the specific legal consequences for non-compliance are not detailed in the regulations themselves, breaches could potentially result in corrective actions, administrative penalties, or financial adjustments to rectify any misunderstandings or errors in payment. The precise legal consequences would depend on further interpretation and application of the Air Force Act 1923 and related regulations.