Commonwealth Numbered Regulations - Explanatory Statements

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AIR FORCE AMENDMENT REGULATIONS 1999 (NO. 1) 1999 NO. 116

STATUTORY RULES 1999 NO. 116

Issued by the Authority of the Minister for Veterans' Affairs

Air Force Act 1923

Air Force Amendment Regulations 1999 (No. 1)

The Air Force Regulations 1927 ("the Principal Regulations") made under the Air Force Act 1923, set out, inter alia, the conditions of service for members of the Air Force.

Statutory Rule 1998 No. 134 amended the Principal Regulations to replace the process whereby a person engaged to serve in the Air Force for a fixed period and then re-engaged either for a further fixed period or until attaining retiring age, with the process whereby a person enlists in the Air Force for a fixed period and then extends that period of enlistment either for further fixed period or until attaining retiring age. This Statutory Rule makes a number of amendments to the Principal Regulations as a consequence of Statutory Rule 1998 No. 134.

Subregulation 92(3) of the Principal Regulations refers to a person who, at the time of voluntarily enlisting as a member of the Air Force, engages to serve in the Air Force General Reserve or the Air Force Specialist Reserve for a period of 5 years commencing on the expiration of the period for which the airman engaged under subregulation 92(1) or reengaged under regulation 106. This Statutory Rule amends subregulation 92(3) to replace the references to engaging and re-engaging with references to enlistment.

Regulation 93A of the Principal Regulations deals with the specific circumstance of the reenlistment on an airman in the Permanent Air Force after a period of service in time of war in the Air Force Reserve. As members of the Air Force may volunteer to transfer between parts of the Air Force at any time, and if accepted the transfer is effected administratively, the provision is obsolete. This Statutory Rule omits the provision.

Regulation 108B of the Principal Regulations provided that an airman selected for special duties abroad may be required to re-engage for a period of 6 years as from the date of his embarkation. This Statutory Rule replaces the reference to re-engage with a reference to extending the airman's period of enlistment.

Subregulation 442D(1) of the Principal Regulations provided that if an airman's period of engagement or re-engagement in the Air Force Emergency Force expires during, inter alia, a time of war, then the term of his engagement or re-engagment shall be extended until the end of that time. Subregulation 442D(2) provided that such an airman shall be discharged with all convenient speed at the end of the period for which his engagement or re-engagement is deemed to be extended. This Statutory Rule amends subregulations 442D(1) and (2) to replace the references to engagement and re-engagement with references to enlistment.

Subregulation 444B(1) of the Principal Regulations provided that if the period for which an airman of the Australian Air Force Reserve is engaged or re-engaged ends during a period which the part of the Reserve to which the airman belongs is called out for continuous full time air force service, the period for which the airman has been engaged or re-engaged is extended until the end of that time. Subregulation 444B(2) provided that such an airman shall be discharged with all convenient speed at the end of the period for which his engagement or re-engagement is deemed to be extended. This Statutory Rule amends subregulations 444B(1) and (2) to replace the references to engagement and re-engagement with references to enlistment.

Schedule 1 to the Principal Regulations sets out the prescribed form of Oath and Affirmation for the purposes of subregulation 94(1) and 95(1). This Statutory Rule amends the prescribed forms to replace the reference to the period of engagement and the period of any reengagement, with a reference the period of enlistment and any extension to that period of enlistment. The amendment will make the Air Force Oath and Affirmation consistent with those of the Navy and Army.

This Statutory Rule commences on gazettal.