Statutory Rules

1976 No. 6

REGULATIONS UNDER THE AIR FORCE ACT 1923-1975.*

I, THE ADMINISTRATOR of the Government of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Air Force Act 1923-1975.

Dated this fourteenth day of January, 1976.

A. R. CUTLER

Administrator.

By His Excellency’s Command,

D. J. KILLEN

Minister of State for Defence.

Amendments of the Air Force Regulations†

District Allowance.

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

(a) by inserting before the definition of “ district allowance locality ” in sub-regulation (1) the following definitions:—

“ ‘ category MS member ’ means a male member who maintains a home for his dependants in which he does not reside;

‘ category O member ’ means a member other than a category M member or a category MS member;”;

(b) by omitting from sub-regulation (1) the definitions of “ married member ” and “ unmarried member ” and substituting the following definitions:—

“ ‘ married member ’ means a member who is a category M member or a category MS member;

‘ unmarried member ’ means a category O member;”;

* Notified in the Australian Government Gazette on 22 January 1976.

† Statutory Rules 1927, No. 161, as amended by Statutory Rules 1928, Nos. 52 and 109; 1929, Nos. 75 and 114; 1930, Nos. 77, 94 and 135; 1931, Nos. 3, 78 and 115; 1932, Nos. 9, 63 and 133; 1933, Nos. 16, 46, 58, 82, 89 and 117; 1934, Nos. 25, 51, 74, 81, 122 and 125; 1935, Nos. 32 and 98; 1936, No. 17; 1937. No. 21; 1938, Nos. 12, 13, 22, 48, 77, 97 and 120; 1939, Nos. 21, 64 and 142; 1940, Nos. 31, 53, 75, 114, 125, 140, 220, 241 and 279; 1941, Nos. 68, 106, 137, 181 and 228; 1942, No. 29, 158, 232, 254, 346, 383, 416, 440, 441, 476 and 543; 1943, Nos. 119 and 198; 1944, Nos. 34, 50, 64, 75, 146 and 153; 1945, Nos. 49, 79, 95, 105, 196 and 201; 1946, Nos. 40, 111, 145 and 162; 1947, No. 22; 1948, Nos. 34, 51, 67, 86 and 152; 1949, Nos. 82, 86 and 115; 1950, No. 66; 1952, Nos. 14, 34, 49 and 86; 1954, Nos. 30 and 132; 1955, Nos. 36, 41 and 92; 1956, Nos. 19 and 43; 1958, No. 62; 1959, No. 100; 1960, No. 52; 1961, Nos. 7, 14, 28, 46, 88, 95, 126, 131 and 138; 1962, No. 24; 1963, Nos. 63, 64, 76, 91, 114, 116 and 117; 1964, Nos. 9, 13, 47, 94 and 99; 1965, Nos. 9, 10, 25, 57, 58, 77, 141, 142, 143, 153 and 166; 1966, Nos. 4, 30, 127 and 150; 1967, Nos. 11, 39, 104 and 171; 1968, Nos. 90, 98, 140 and 155; 1969, Nos. 3, 116, 117, 148 and 180; 1970, Nos. 2, 37, 117, 132 and 156; 1971, Nos. 29, 50, 78, 121, 153 and 169; 1972, Nos. 16, 28, 54, 87, 89, 91 and 144; 1973, Nos. 96, 97, 98, 100 (r. 32), 172, 199, 200, 246 and 256; 1974, Nos. 76, 79, 90, 160, 202 and 257; and 1975, Nos. 3, 38 and 56. See also the Defence Force (Salaries) Regulations (Statutory Rules 1973. No. 100, as amended by Statutory Rules 1973, No. 132, 201, 203, 249 and 269; 1974, Nos. 71, 77, 90, 92, 93 and 208; 1975, Nos. 34, 149, 163 and 197; and 1976, No. 3).

(c) by omitting sub-regulation (4a);

(d) by omitting from paragraph (a) of sub-regulation (4b) the words “, by virtue of a classification effected on or after the twenty-fourth day of February, 1972,”;

(e) by omitting from paragraph (a) of sub-regulation (4b) the words “(in the next succeeding sub-regulation referred to as the relevant grade in relation to the member) ”;

(f) by omitting from sub-regulation (4b) the words “ and the condition specified in either of the paragraphs in the next succeeding sub-regulation is fulfilled in relation to the member,”;

(g) by omitting the table in sub-regulation (4b) and substituting the following table:—

(h) By omitting sub-regulation (4c) and substituting the following sub-regulations:—

“ (4c) Where a member resides, on or after 2 July 1974, in an isolated district, being a district that comprises a locality—

(a) that was, immediately before 2 July 1974, a locality classified for the purposes of district allowances under regulation 102 of the Public Service Regulations; and

(b) the classification of which for that purpose is lowered on or after that date,

the rate at which district allowance is payable to the member in respect of any period during which he resides in that district on or after that date is whichever is the greater of—

(c) the rate that would have been payable to the member under the provisions of this regulation as in force immediately before that date if those provisions had continued in force; or

(d) the rate that would, but for this sub-regulation, be payable to the member under this regulation as in force from time to time on or after the commencement of this sub-regulation.

“ (4d) Where a member resides, on or after 2 July 1974, in an isolated district, being a district that comprises a locality that—

(a) was, immediately before 2 July 1974, a locality classified for the purposes of district allowances under regulation 102 of the Public Service Regulations; and

(b) ceases on or after that date to be classified for the purposes of district allowances under regulation 102 of the Public Service Regulations,

district allowance is payable to the member in respect of any period during which he resides in that district on or after 2 July 1974 and before 22 January 1976 at the rate at which district allowance would have been payable to the member under the provisions of this regulation as in force immediately before 2 July 1974 if those provisions had continued in force.”;

(i) by omitting from sub-regulation (5) the words “ sub-regulation (4a) or (4b) of this regulation, whichever is applicable,” and substituting the words “this regulation”;

(j) by omitting from paragraph (a) of sub-regulation (9) the words “specified in column 3 of the table in sub-regulation (4a) or (4b) of this regulation, whichever is applicable,” and substituting the words “ applicable to a category O member who is living out ”; and

(k) by omitting from paragraph (b) of sub-regulation (9) the words “ specified in column 4 of the table in sub-regulation (4a) or (4b) of this regulation, whichever is applicable,” and substituting the words “ applicable to a category O member who is living in ”.

Commencement.

2. The amendments effected by regulation 1 shall be deemed to have come into operation on 2 July 1974.