Air Force Amendment Regulations 2002 (No. 1) (Cth)

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Air Force Amendment Regulations 2002 (No. 1)1

Statutory Rules 2002 No. 2762

I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Air Force Act 1923.

Dated 14 November 2002

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

Danna Vale

Minister for Veterans’ Affairs

1Name of Regulations

These Regulations are the Air Force Amendment Regulations 2002 (No. 1).

2Commencement

These Regulations commence on 1 December 2002.

3Amendment of Air Force Regulations 1927

Schedule 1 amends the Air Force Regulations 1927.

Schedule 1Amendments

(regulation 3)

  

[1]Part I, heading

substitute

Part 1Preliminary

[2]Regulation 4

substitute

4Definitions

In these Regulations:

Act means the Air Force Act 1923.

airman means a member of the Air Force, other than an officer.

air or other officer commanding means the officer of air or lower rank commanding a group, or other higher command or formation, and includes an officer holding an equivalent rank and appointment in any of Her Majesty’s Air Forces.

member means an officer or airman.

officer means a person appointed as an officer of the Australian Air Force.

Personnel Regulations means the Defence (Personnel) Regulations 2002.

Note The Air Force Act 1923 explains the meaning of Permanent Air Force and Air Force Reserve.

[3]Regulations 6to 22A

substitute

7Delegation

  1. (1)

    The Governor‑General may delegate any of the Governor-General’s powers (other than this power of delegation) to an officer.

  2. (2)

    The Chief of Air Force may delegate any of the Chief’s powers (other than this power of delegation) to an officer.

[4]Parts II, 3, IV and V

substitute

Part 2Precedence in the Australian Air Force

33Precedence

If members of the Permanent Air Force and members of the Air Force Reserve serve together, the members take precedence according to the dates of the members’ appointments, enlistments and promotions.

Part 3Structure of the Australian Air Force

34Structure

The Chief of Air Force must determine the structure of the Australian Air Force, having regard to the requirements of the Act and the Personnel Regulations.

Note The Defence (Personnel) Regulations 2002 include a requirement for the existence of a Standby Reserve, and options for other categories of the Air Force Reserve.

Part 4Medical examinations

114Examinations

For the purpose of determining a member’s level of medical fitness, the member may be medically examined in a way approved by the Chief of Air Force.

[5]Part VII, heading

substitute

Part 7Forfeiture and prohibited areas

[6]Regulation 434

omit

[7]Subregulation 437 (3)

substitute

  1. (3)

    A person must not fly an aircraft in a prohibited area.

    Penalty: 6 months imprisonment.

[8]Parts VIIA, VIII and XI

substitute

Part 11Examinations

632BPost mortem examinations

  1. (1)

    This regulation applies if:

    1. (a)

      a member dies:

      1. (i)

        in a defence service hospital; or

      2. (ii)

        on active service;

    in circumstances permitting the issue of a medical certificate of death from natural causes; and

    1. (b)

      a senior medical officer responsible for the health of members is satisfied that:

      1. (i)

        the cause of the member’s death has not been satisfactorily diagnosed; and

      2. (ii)

        a further investigation into the cause of the death is appropriate to ensure that any necessary preventive measures may be taken to protect the health of members.

  2. (2)

    The senior medical officer may arrange for a legally qualified medical practitioner to perform a post-mortem examination of the body of the member.

  3. (3)

    The medical practitioner is not required to be an officer.

  4. (4) 

    If the senior medical officer arranges for a post-mortem examination, the body of the deceased member may be taken to:

    1. (a)

      an appropriate defence service hospital or mortuary; or

    2. (b)

      another place specified by the officer.

  5. (5)

    A person must not:

    1. (a)

      refuse to receive the body of a deceased member at a place to which the body has been taken in accordance with subregulation (4); or

    2. (b)

      refuse to permit a medical practitioner to perform a post-mortem examination that has been arranged under subregulation (2).

[9]Part XIV, heading

substitute

Part 14Flying

[10]Regulation 686

omit

Air Navigation Regulations

insert

Air Navigation Regulations 1947

[11]Schedule 1

omit

____________________________________________________

Notes

1. These Regulations amend Statutory Rules 1927 No. 161, as amended by 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 Nos. 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, 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 (regulation 5 was disallowed by the Senate on 16 April 1970), 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, 172, 199, 200, 246 and 256; 1974 Nos. 76, 79, 90, 160, 202 and 257; 1975 Nos. 3, 38 and 56; Act No. 96, 1975; Statutory Rules 1976 Nos. 6, 10, 60, 128, 191, 241 and 257; 1977 Nos. 5, 38, 129, 142, 203, 240, 276, 277 and 279; 1978 Nos. 23, 61, 71, 78, 89, 162, 181, 198, 225, 237 and 238; 1979 Nos. 19, 31, 49, 50, 63, 130, 133, 257, 303 and 310; 1980 Nos. 2, 35, 40, 41, 129, 146, 151, 152, 153, 176, 221, 224, 246, 250, 301, 306, 313, 351 and 361; 1981 Nos. 22, 26, 48, 68, 92, 132, 144, 185, 186, 224, 240, 273, 315, 336 and 340; 1982 Nos. 3, 6, 37, 51, 104, 109, 174, 182, 203, 221, 248, 333, 356 and 360; 1983 Nos. 12, 15, 63, 170, 196, 259, 271, 284, 300, 334, 337 and 340; 1984 Nos. 59, 73, 77, 91, 151, 187, 198, 214, 226, 239, 277, 298, 302, 327, 330, 334, 339, 374, 379, 382, 384, 385, 438, 440, 447, 450, 455 and 458; 1985 Nos. 73, 77, 91, 115, 170, 213, 216 and 219; 1986 No. 105; 1987 Nos. 9 and 20; 1988 Nos. 40, 57, 75, 76, 93, 129 and 344; 1989 No. 20, 21 and 219; 1990 Nos. 95, 101, 288 and 377; 1991 Nos. 90, 116, 132, 322 and 363; 1993 No. 192; 1995 No. 273; 1996 No. 179; 1997 Nos. 15, 35 and 36; 1998 Nos. 134, 290 and 332; 1999 No. 116; 2000 Nos. 25 and 263; 2001 Nos. 41, 53, 175 and 278.

2. Notified in the Commonwealth of Australia Gazette

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