Federal Register of Legislation - Australian Government

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Air Force Regulations (Amendment)

Authoritative Version
  • - F2004B00639
  • No longer in force
SR 1980 No. 313 Regulations as made
These Regulations amend the Air Force Regulations.
Administered by: Defence
Registered 01 Jan 2005
Tabling HistoryDate
Tabled Senate25-Nov-1980
Gazetted 28 Oct 1980
Date of repeal 19 Mar 2014
Repealed by Defence (Spent and Redundant Instruments) Repeal Regulation 2014

Statutory Rules

1980 No. 313

INTERIM DETERMINATION UNDER THE DEFENCE AMENDMENT ACT 19791

I, the Minister of State for Defence, hereby make the following Interim Determination under section 12 of the Defence Amendment Act 1979.

Dated this seventeenth day of October 1980.

D. J. KILLEN

Minister of State for Defence

 

AMENDMENTS OF THE AIR FORCE REGULATIONS2

Interpretation

          1.   Regulation 4 of the Air Force Regulations is amended —

                (a)    by omitting from the definition of “married member”, “male”;

               (b)    by omitting from sub-regulation (3) “wife” and substituting “spouse”;

                (c)    by omitting from sub-regulation (5) “wife” and “female” (wherever occurring) and substituting “spouse” and “person” respectively; and

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

                     “(10)    In these Regulations, a reference to a male member and a female member who are jointly maintaining a home for their dependants includes a reference to a male and a female member jointly providing one home for their dependants whether or not both members reside in that home.

                     “(11)    In these Regulations, a reference to a member married to another member includes a member who has a de facto spouse.”.

Particulars of living conditions

          2.   Regulation 571C is amended —

                (a)    by omitting from sub-regulation (1) “wife” and substituting “spouse”; and

               (b)    by omitting from sub-regulation (2) “wife” and substituting “spouse”.

Repeal

          3.   Regulation 586 of the Air Force Regulations is repealed.

Removal of member’s family, furniture and effects

          4.   Regulation 608 of the Air Force Regulations is amended —

                (a)    by omitting sub-regulation (1);

               (b)    by omitting from sub-regulation (2) “Where a member’s family or his household furniture and effects are removed under sub-regulation (1)—” and substituting “Subject to this regulation, where a member’s family or his household furniture and effects are removed from one locality to another locality at Commonwealth expense or where a member dies and, after his death, a member of his family or the furniture and effects of that member of his family are removed at the expense of the Commonwealth—”;

                (c)    by inserting in paragraph (a) of sub-regulation (2) “, or that member of his family,” after “the member”;

               (d)    by omitting paragraph (b) of sub-regulation (2); and

                (e)    by omitting from sub-paragraph (i) of paragraph (b) of sub-regulation (4), “wife” and substituting “spouse”.

Medical and dental treatment—member’s family oversea

          5.   Regulation 631 of the Air Force Regulations is amended by omitting “wife” (wherever occurring) and substituting “spouse”.

Allowances for members serving outside Australia

          6.   Regulation 633 of the Air Force Regulations is amended by inserting “, or the family of a member who dies while so serving,” after “Australia”.

Allowance in respect of secondary scholarship lost on posting

          7.   Regulation 633B of the Air Force Regulations is amended—

                (a)    by omitting from sub-regulation (1) “Subject to sub-regulation (4), where—” and substituting “Subject to sub-regulation (4) and regulations 634A, 634B, 634C, 634D and 634E where—”; and

               (b)    by omitting from paragraph (b) of sub-regulation (1) “married” and “under regulation 608”.

Education allowance

          8.   Regulation 634 of the Air Force Regulations is amended —

                (a)    by omitting from paragraph (a) of sub-regulation (2) “under regulation 608” and substituting “from one locality to another locality”;

               (b)    by omitting from sub-paragraph (i) of paragraph (a) of sub-regulation (2D) “under regulation 608” and substituting “at public expense from one locality to another locality”;

                (c)    by omitting from paragraph (b) of sub-regulation (2E) “under regulation 608” and substituting “from one locality to another locality”; and

               (d)    by omitting from paragraph (a) of sub-regulation (2F) “under regulation 608”.

          9.   The Air Force Regulations are amended by inserting after regulation 634 the following regulations:

Members of different ranks jointly maintaining a home

  “634A.   Where a male member and a female member who hold different ranks are jointly maintaining a home for their dependants and both would, but for this regulation, have an entitlement to an allowance under regulation 633B, the member who holds the lower rank shall not be entitled to that allowance.

Members of like rank jointly maintaining a home

  “634B.   Where a male member and a female member who hold the same rank are jointly maintaining a home for their dependants and both would, but for this regulation, have an entitlement to an allowance under regulation 633B, the member with the lower seniority in that rank shall not be entitled to that allowance.

Member married to a member of the Navy

  “634C.   Where a member who is entitled to an allowance under regulation 633B is jointly maintaining a home with a member of the Navy who is his spouse and that spouse is or becomes entitled to an allowance under regulation 121A of the Naval Financial Regulations, regulation 634A or 634B, as appropriate, applies as though that member of the Navy was a member of the Air Force holding a rank corresponding to his rank in the Air Force and had an entitlement to an allowance under regulation 633B.

  “634D.   For the purposes of regulations 634A, 634B and 634C, where a member is married to another member and each member maintains a home for his or her dependants, or they jointly maintain more than one home for their dependants, the members shall nominate the home to be considered as the home jointly maintained by them for their dependants.

  “634E.   Where the members referred to in regulation 634D do not nominate the home to be considered as the home jointly maintained by them for their dependants, each member shall not be entitled to an allowance under regulation 633B.”.

NOTES

1.       Notified in the Commonwealth of Australia Gazette on 28 October 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, 146, 151, 152, 153, 176, 221, 224, 246, 250, 301 and 306.+