Commonwealth Numbered Regulations - Explanatory Statements

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AIR FORCE REGULATIONS (AMENDMENT) 1997 NO. 36

STATUTORY RULES 1997 No. 36

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

Defence Act 1903

Naval Defence Act 1910

Air Force Act 1923

Air Force Regulations (Amendment)

The Air Force Regulations ("the Principal Regulations"), made under the Air Force Act 1923, provide for various conditions of service for members of the Air Force. Some of the corresponding provisions for members of the Army and Navy are in the Defence Act and Naval Defence Act respectively.

The Defence Legislation Amendment Act (No. 1) 1997 ("the 1997 Act") includes amendments to the Defence Act and the Naval Defence Act to enable direct transfers between the Services. This Statutory Rule makes corresponding changes to the Principal Regulations for members of the Air Force.

Section 30 of the Defence Act provides that the Defence Force consists of 3 arms: the Navy, Army and Air Force. Members are (in the case of officers) appointed to serve with, or (in the case of enlisted members) enlisted to serve in, a particular arm rather than the Defence Force as a whole.

Before the current amendments, a member could only be transferred from one arm of the Defence Force to another through the cumbersome mechanism of resigning (in the case of an officer) or being discharged (in the case of an enlisted member) from his or her current arm of the Defence Force and then being appointed to, or enlisted in, one of the other arms of the Defence Force.

This Statutory Rule amends the Principal Regulations by inserting regulations 89 and 119 to enable the direct transfer of a member of the Air Force to another arm of the Defence Force without the necessity for resignation or discharge. (This complements the corresponding provisions for members of the Navy and Army in the 1997 Act.)

The new provisions vest the power to transfer a member, from the Air Force to another arm of the Defence Force, with the Chief of Air Force (or a delegate). The Chief of Air Force (or delegate) can only transfer a member if the member concerned consents and the service chief (or delegate) of the gaining arm approves the transfer. The Statutory Rule inserts new provisions to enable the service chiefs to delegate their transfer function, to an officer of their respective service not below the rank of Air Commodore (or equivalent rank).

A transfer must be effected by an instrument specifying the date of effect of the transfer, the period of appointment or enlistment that is to apply once the transfer is effected, the part of the gaining arm in which the member is appointed or enlisted, the rank the member is to hold, and seniority in that rank.

There is also provision to ensure that any return of service obligation, stemming from a member's service in the Air Force, is carried over to the gaining arm when a transfer takes effect. Further provisions ensure that service in the Air Force is counted as service in the gaining arm for purposes such as the calculation of leave entitlements. (There was no need for any special provision to cover retiring ages as a transferred member will automatically attract the compulsory retirement age applicable to his or her rank in the gaining arm.)

The Statutory Rule is made under the Defence Act, Naval Defence Act and Air Force Act as a member who has incurred a return of service obligation while serving in the Air Force will continue to have that obligation as a member of the Army or Navy.

The Statutory Rule comes into operation on the same day as Schedule 1 of the 1997 Act (which contains the corresponding Defence Act and Naval Defence Act amendments). This day is fixed by proclamation.