Federal Register of Legislation - Australian Government

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Air Force Regulations (Amendment)

Authoritative Version
  • - F1998B00124
  • No longer in force
SR 1998 No. 134 Regulations as made
These Regulations amend the Air Force Regulations.
Administered by: Defence
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR29-Jun-1998
Tabled Senate30-Jun-1998
Gazetted 25 Jun 1998
Date of repeal 19 Mar 2014
Repealed by Defence (Spent and Redundant Instruments) Repeal Regulation 2014

Air Force Regulations (Amendment) 1998 No. 134

EXPLANATORY STATEMENT

STATUTORY RULES 1998 NO. 134

Issued by the Authority of the Minister for Defence Industry, Science and Personnel

Air Force Act 1923

Air Force Regulations (Amendment)

The Air Force Regulations ("the Principal Regulations") made under the Air Force Act 1923, set out, inter alia, the conditions of service for members of the Air Force.

Regulation 92 of the Principal Regulations prescribed the period of engagement for airmen voluntarily enlisting in one of the parts of the Air Force. For airmen enlisting in the Permanent Air Force, the period was 3, 6, 9, 12 or 15 years depending on employment category; for airmen enlisting in the Air Force Emergency Reserve, the period was 3 years; for airmen enlisting in the Air Force Active Reserve, the period was 2, 3, 4 or 5 years; and for airmen enlisting in the Air Force General Reserve or Air Force Specialist Reserve, the period was 5 years.

At the completion of this initial period, airmen were able to re-engage under regulation 106 of the Principle Regulations for 1, 2, 3, 4, 5, or 6 years in the Permanent Air Force; 2 years in the Air Force Emergency Force or Air Force Active Reserve; or 4 years in the Air Force General Reserve or Air Force Specialist Reserve.

In addition, regulation 106A of the Principle Regulations provided that the Chief of Air Force was able to offer an airman, who had completed not less than 12 years service, re-engagement until attaining retiring age.

Those provisions were too rigid to pen-nit the introduction of flexible employment practices in the Australian Defence Force as approved by the Minister. They were also inconsistent with the enlistment provisions for the Navy and Army. Therefore in order to allow flexible employment in the Air Force and to align the Air Force provisions with those of the Navy and Army, this Statutory Rule amends the Principal Regulations to provide that all new entrants may volunteer to serve as an airman in a particular part of the Air Force for either a fixed period or until attaining retiring age. This Statutory Rule also provides that at the end of a member's initial period of enlistment, the member may extend his or her enlistment for either a further fixed period or until attaining retiring age. In addition, this Statutory Rule makes a number of consequential amendments.

Details of the amendments made by this Statutory Rule are contained in the attachment to this Statement.

The Statutory Rule commences on 1 July 1998.

ATTACHMENT

DETAILS OF THE AMENDMENTS TO THE AIR FORCE REGULATIONS

This Statutory Rule amends regulation 92 of the Principal Regulations to provide that all new entrants may volunteer to serve as an airman in a particular part of the Air Force for either a fixed period or until attaining retiring age. (The duration of the fixed period that a person may volunteer to serve is determined at the time of his or her enlistment and will depend on the career phase of his or her particular occupational group.) (Regulation 3.)

The Statutory Rule amends regulation 106 of the Principal Regulations to provide that at the end of a member's initial period of enlistment the member will be able to extend his or her enlistment for either a further fixed period or until attaining retiring age. (Regulation 4.)

The Statutory Rule omits regulation 106A of the Principal Regulations as the matter of extending enlistment periods is now covered by regulation 106. (Regulation 5.) The Statutory Rule also makes consequential amendments to subregulation 92(3) and regulations 111 and 115 as a result of the omission of regulation 106A. (Regulations 3, 6 and 7.)

The Statutory Rule omits subregulation 92(5), which dealt with enlistment prior to the commencement of regulation 92 in 1952, as this provision no longer has practical effect. (Regulation 3.)