STATUTORY RULES.
1947. No. .
REGULATIONS UNDER THE AIR FORCE ACT 1923-1941.*
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 1923-1941.
Dated this Thirtieth day of April, 1947.
W.J. McKell
Governor-General.
By His Excellency’s Command,
Minister of State for Air.
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Amendments of the Air Force (War Financial) Regulations.†
Deferred pay.
1. Regulation 8 of the Air Force (War Financial) Regulations is amended by omitting from the second proviso to sub-regulation (11.) the words “of the Air Board” and inserting in their stead the words “as the Air Board”.
Particulars of dependants.
2. Regulation 42 of the Air Force (War Financial) Regulations is amended by inserting, after sub-regulation (2.), the following sub-regulation:—
“(2a.) Where dependants allowance is being paid to any person and the dependant in respect of whom the allowance is being paid ceases to be dependent upon the member concerned or any change occurs in the degree of dependence or, in the case of a wife or separated wife, any change in her matrimonial relationship to the member occurs which is likely to affect the degree of her dependence, the rate of the allowance or the continuation of the allowance, that person shall forthwith notify the prescribed authority in writing of the change of circumstances.”.
Recovery of amounts of allotments and dependants allowances improperly obtained.
3. After regulation 44 of the Air Force (War Financial) Regulations the following regulation is inserted:—
“44a.—(1.) Where, in consequence of a failure to furnish to a prescribed authority any information required to be furnished by or under regulation 42 of these Regulations or in consequence of any false statement, any amount has been paid by way of allotment or
* Notified in the Commonwealth Gazette on , 1947.
† Statutory Rules 1943, No. 93, as amended by Statutory Rules 1944, No. 134; and 1946, Nos. 33 and 163.
797.—Price 3d. 13/28.3.1947.
dependants allowance under these Regulations which would not have been paid but for that failure or false statement, an amount equal to the amount so paid may be deducted from—
(a) any allotment or dependants allowance which is or becomes payable to that person; or
(b) any pay (including deferred pay) which is or becomes due or payable to the member concerned, if, in the opinion of a prescribed authority, the true circumstances concerning which information was not furnished or a false statement was made were known, or, by the exercise of reasonable diligence, would have been known to the member.
(2.) The provisions of this regulation shall be in addition to and not in derogation of the provisions of the last preceding regulation.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1947 No. 53, enacted under the authority of the Air Force Act 1923-1941, addresses administrative and financial adjustments within the Air Force, particularly focusing on the rectification of improper payments and the notification of changes in the circumstances of dependants. This legislative instrument was made by the Governor-General, acting on the advice of the Federal Executive Council, and is designed to amend the Air Force (War Financial) Regulations. The amendments aim to ensure that financial allowances are accurately disbursed and that any changes affecting the eligibility or amount of allowances are promptly reported. The underlying policy objective is to maintain the integrity of financial administration within the Air Force and to ensure that financial resources are used effectively and appropriately.
Scope and Application
The Regulations under the Air Force Act 1923-1941, specifically the Air Force (War Financial) Regulations, apply to members of the Australian Air Force and their dependants, governing financial matters such as allotments and dependants' allowances. These regulations pertain to the Commonwealth and are designed to ensure proper financial administration and accountability within the Air Force, addressing issues such as deferred pay, the notification of changes in dependant status, and the recovery of improperly obtained allowances. The amendments outlined in the Regulations are aimed at enhancing administrative efficiency and accuracy in the financial support provided to Air Force members and their dependants. Additionally, the scope of these Regulations can be extended or refined through subordinate instruments, allowing for adjustments to meet changing circumstances and requirements.
Key Provisions
The Statutory Rules 1947 No. 53, made under the Air Force Act 1923-1941, amend the Air Force (War Financial) Regulations to refine the handling of financial matters within the Air Force, particularly focusing on allotments and dependants’ allowances. Regulation 8 is amended to clarify the authority responsible for certain financial decisions, removing "of the Air Board" and replacing it with "as the Air Board" (section 1). Additionally, a new sub-regulation 42(2a) is introduced, stipulating that any person receiving dependants’ allowance must notify the prescribed authority of any changes in the dependent's circumstances that might affect the allowance rate or its continuation (section 2). This includes changes in the dependent's status or any alterations in the dependent's relationship to the member, such as a change in matrimonial status in the case of a wife or a separated wife.
These amendments impose specific obligations on Air Force members and those receiving dependants’ allowances. Members and recipients must ensure that they provide accurate and up-to-date information regarding the dependants' circumstances to the prescribed authority. Failure to notify changes that affect the allowance can lead to financial discrepancies and potential recovery of improperly obtained amounts. Members are also expected to furnish all required information truthfully and to exercise reasonable diligence to ascertain the correct circumstances relevant to their financial entitlements.
Failure to comply with the notification requirements or providing false information can result in serious consequences. According to the new regulation 44a, if a member fails to provide necessary information or provides false statements leading to the payment of allotments or dependants’ allowances that they would not have otherwise received, the Air Force is entitled to recover the improperly obtained amounts. This recovery can be made from future allotments, dependants’ allowances, or any pay due or payable to the member (section 3). The regulation explicitly states that these recovery provisions supplement, rather than replace, any preceding regulations, ensuring a robust framework for financial accountability within the Air Force.