Federal Register of Legislation - Australian Government

Primary content

Air Force Regulations (Amendment)

Authoritative Version
  • - F2004B00633
  • No longer in force
SR 1980 No. 151 Regulations as made
These Regulations amend the Air Force Regulations.
Administered by: Defence
Registered 01 Jan 2005
Tabling HistoryDate
Tabled Senate19-Aug-1980
Gazetted 20 Jun 1980
Date of repeal 19 Mar 2014
Repealed by Defence (Spent and Redundant Instruments) Repeal Regulation 2014

Statutory Rules

1980 No. 151

INTERIM DETERMINATION UNDER THE DEFENCE
AMENDMENT ACT 1979
1

I, the Minister of State for Administrative Services acting for and on behalf of the Minister of State for Defence, hereby make the following Interim Determination under section 12 of the Defence Amendment Act 1979.

Dated this sixth day of June 1980.

J. E. MCLEAY

Minister of State for Administrative Services

for and on behalf of the

Minister of State for Defence

 

AMENDMENTS OF THE AIR FORCE REGULATIONS2

Interpretation

          1.   Regulation 4 of the Air Force Regulations is amended by inserting the following definitions after the definition of “His Majesty’s Service”:

“ ‘living in’, means being provided with rations and quarters at the expense of the Commonwealth, and ‘live in’ has a corresponding meaning;

“ ‘living out’ in relation to a member means having permission to provide his own meals or accommodation, or both or to reside in married quarters, and ‘living out’ has a corresponding meaning;”.

District Allowance

          2.   Regulation 614 of the Air Force Regulations is amended—

                (a)    by inserting in sub-regulation (1) the following definition:

“ ‘adult minimum wage’ means the notional six capital cities adult minimum wage as determined from time to time by the Australian Conciliation and Arbitration Commission under section 59 of the Conciliation and Arbitration Act 1904;”;

               (b)    by omitting from the definition of “district allowance locality” in sub-regulation (1), paragraph (a) and substituting the following paragraph:

                       “(a)    a locality classified for the purposes of district allowance under regulation 102 of the Public Service Regulations; or”;

                (c)    by omitting from sub-regulation (1) the definitions of “married member living out” and “unmarried member living out”;

               (d)    by omitting from sub-regulation (4B) the words “per day” and substituting the words “per year”;

                (e)    by omitting from sub-regulation (4B) the table and substituting the following table:

Column 1

Grade

Column 2

Column 3

Column 4

 

$

$

$

1

380

200

140

2

680

350

245

3

1,080

590

413

4

1,510

870

609

5

1,960

1,160

812

6

2,450

1,510

1,057

                (f)    by omitting sub-regulations (4C) and (4D) and substituting the following sub‑regulation:

                    “(4C)    Where a district allowance locality is removed from the list referred to in regulation 102 of the Public Service Regulations or the classification of a district allowance locality is lowered for the purposes of district allowance under that regulation, this regulation applies to a member—

                                (a)    who, immediately before that removal or that lowering of classification, resided in that district allowance locality;

                                (b)    to whom district allowance has been paid or is payable in respect of his residence in that district allowance locality during a period immediately preceding that removal or lowering of classification; and

                                (c)    who continues to reside in that district allowance locality after that removal or lowering of classification,

as if that locality had not been removed from that list or been lowered in classification until the expiration of—

                                (d)    one year after that removal or lowering of classification; or

                                (e)    the period during which the member continued to reside in that locality after that removal or lowering of classification,

whichever is the sooner, and the rate of district allowance payable to the member had been the rate ascertained in accordance with this regulation as in force immediately before that removal or lowering of classification.”;

               (g)    by omitting sub-regulation (9) and substituting the following sub-regulation:

                       “(9)    Subject to sub-regulation (10) the rate of district allowance specified in column 2 of the table in sub-regulation (4B) is payable to a member living out whose dependants reside with him in a district allowance locality.”;

               (h)    by adding at the end thereof the following sub-regulations:

                     “(10)    In the case of a member who lives out in a district allowance locality and—

                                (a)    whose dependants do not reside with him in that locality;

                                (b)    whose dependants reside with him in that locality and one or more of whom are employed and are paid an allowance by their employer under similar conditions as apply to payment of district allowance under this regulation at a rate equal to or higher than, the rate specified in column 2 of the table in sub-regulation (4B);

                                (c)    whose dependants reside with him in that locality and each of those dependants has an annual income in excess of the annual adult minimum wage;

                                (d)    whose spouse resides with him in that locality and is employed by the Commonwealth; or

                                (e)    is unmarried and entitled to living out allowance,

the rate at which district allowance is payable to that member is the rate specified in column 3 of the table in sub-regulation (4B).

                     “(11)    The rate of district allowance specified in column 4 of the table in sub-regulation (4B) is payable to—

                                (a)    a member living in in Service accommodation in a district allowance locality; or

                                (b)    a member living out in a district allowance locality and who is not entitled to living out allowance.”.

Application

          3.   Subject to clause 4, the Air Force Regulations as amended by this Determination apply in relation to service in a district allowance locality, being a locality that comprises a locality classified for the purpose of district allowance under regulation 102 of the Public Service Regulations, on or after 5 December 1979.

Transitional

          4.   Where a member who was entitled to district allowance at the rate specified in column 2 of the table in sub-regulation (4B) of regulation 614 of the Air Force Regulations as in force on the day immediately before the date on which this Determination was notified in the Gazette, continues to reside in the district in respect of which he was so entitled or is posted from that district to another district allowance locality on and after the date this Determination was notified in the Gazette, district allowance is payable to him at the rate specified in column 2 of the table in sub-regulation (4B) of regulation 614 of the Air Force Regulations as in force immediately after the date this Determination was notified in the Gazette, appropriate to the district in which he remains or to which he has been posted, whichever is applicable, for the period commencing on 5 December 1979 or the date on which the member became so entitled to district allowance, whichever is the later, during which he would have been entitled to receive district allowance at the rate specified in column 2 of the table in sub-regulation (4B) of regulation 614 of the Air Force Regulations if this Determination had not been made.

 

 

NOTES

1.       Notified in the Commonwealth of Australia Gazette on 20 June 1980.

2.       Statutory Rules 1927 No. 161 as amended to date. For previous amendments see Note 2 to Statutory Rules 1980 No. 2 and see also Statutory Rules 1980 Nos. 2, 35, 40, 41, 129 and 146.