Air Force (Canteens) Regulations (Cth)

STATUTORY RULES.

1957. No. 48.

 

REGULATIONS UNDER THE AIR FORCE ACT 1923-1956.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Air Force Act 1923-1956.

Dated this 31st day of August, 1957.

W. J. Slim

Governor-General.

By His Excellency’s Command,

Minister of State for Air.

Air Force (Canteens) Regulations.

Citation.

1. These Regulations may be cited as the Air Force (Canteens) Regulations.

Commencement.

2. These Regulations shall come into operation on the firstday of September, 1957.

Repeal.

3. The Air Force (Canteens) Regulations (being Statutory Rules 1945, No. 175) are repealed.

Definitions.

4. In these Regulations, unless the contrary intention appears—

“the Air Board” has the same meaning as in the Air Force Regulations;

“the Board” means the Royal Australian Air Force Canteens Service Board constituted under these Regulations;

“the Canteens Service” means the Royal Australian Air Force Canteens Service established under these Regulations;

“the Chairman” means the Chairman of the Board;

“the Deputy Chairman” means the Deputy Chairman of the Board;

“the General Manager” means the General Manager of the Canteens Service.

Delegation.

5.—(1.) The Air Board or the Board may, in relation to a matter or class of matters, delegate any of its powers and functions under these Regulations (except this power of delegation).

(2.) A power or function so delegated may be exercised or performed by the delegate with respect to the matter, or to the matters included in the class of matters, specified in the instrument of delegation.

(3.) A delegation under this regulation is revocable at will and does not prevent the exercise of a power or the performance of a function by the Air Board or the Board, as the case may be.

 

* Notified in the Commonwealth Gazette on 31st August, 1957.

3371/56.—Price 5d. 14/2.8.1957.

 

Canteens Service.

6.—(1.) There shall be a Royal Australian Air Force Canteens Service for the supply, within and beyond Australia, of goods, services, amenities and refreshments to, and for the entertainment and recreation of, members of the Air Force, persons employed by or under the Commonwealth in connexion with the Air Force and dependants of those members and persons, for the accommodation on leave of members of the Air Force, and for such other purposes of a similar nature as the Air Board directs.

(2.) The Canteens Service shall be established, maintained and operated in accordance with these Regulations.

Control of Canteens Service.

7. The Canteens Service shall be under the general control of the Air Board, which may issue orders and instructions of either general or particular application in relation to the establishment, maintenance and operation of the Canteens Service, and in relation to the exercise of the powers, duties, functions and obligations of the Board, and for the purpose of regulating the meetings and the procedure of the Board.

Canteens Service Board.

8.—(1.) For the purposes of the Canteens Service, there shall be a Board which shall be known as the Royal Australian Air Force Canteens Service Board.

(2.) Subject to these Regulations, the Board has and may exercise the rights, powers and functions conferred upon it under these Regulations and is charged with and shall perform the duties and obligations imposed upon it by these Regulations.

(3.) The Board shall comply with or cause to be complied with, any order or instruction issued to it by the Air Board under the last preceding regulation.

(4.) The Board is a body corporate with perpetual succession and a common seal, and may acquire, hold and dispose of real and personal property and is capable of suing and being sued in its corporate name.

(5.) All courts, judges and persons acting judicially shall take judicial notice of the seal of the Board affixed to a document and shall presume that it was duly affixed.

(6.) The exercise of the rights, powers or functions, or the performance of the duties or obligations, of the Board is not affected by reason only of there being a vacancy in the office of a member of the Board.

Transfer of assets from former Canteen Services Board.

9.—(1.) Upon the constitution of the Board—

(a) the assets vested in the R.A.A.F. Canteen Services Board for the purposes of the Canteens Service established under the repealed Regulations are, by force of this regulation, transferred to and vested in the Board; and

(b) all rights, obligations and liabilities of the R.A.A.F. Canteen Services Board existing immediately prior to the constitution of the Board are, by force of this regulation, vested in and imposed on the Board, and, in any contract, agreement or other instrument to which the R.A.A.F. Canteens Services Board was a party, any reference to that Board shall be deemed to be a reference to the Board.

 

(2.) In this regulation—

“the R.A.A.F. Canteen Services Board” means the R.A.A.F. Canteen Services Board constituted under the repealed Regulations;

“the repealed Regulations” means the Regulations repealed by regulation 3 of these Regulations.

Constitution of the Board.

10.—(1.) The Board shall consist of a Chairman, a Deputy Chairman and five other members.

(2.) The Chairman, the Deputy Chairman and one other member shall be appointed by the Minister; one member shall be appointed by the Treasurer and the three other members shall be appointed by the Air Board.

(3.) Of the three members appointed by the Air Board, one shall be an airman.

Executive authority.

11.—(1.) Subject to these Regulations, the executive authority of the Board is vested in the Chairman or, during the absence of the Chairman, whether through illness or otherwise, in the Deputy Chairman.

(2.) Subject to the directions of the Board, the Deputy Chairman shall assist the Chairman in the discharge of the duties and functions of the Chairman.

Meetings of the Board.

12.—(1.) The Chairman, or, in his absence, the Deputy Chairman, or, in the absence of both, a member elected by those present at the meeting, shall preside at a meeting of the Board.

(2.) At a meeting of the Board, three members form a quorum.

(3.) All questions before the Board shall be decided by a majority of votes.

(4.) At a meeting of the Board each member has a deliberative vote on each question and, in the event of an equality of votes on any question, the member presiding has, in addition, a casting vote.

No remuneration to be paid to members of the Board.

13.—(1.) Subject to the next succeeding sub-regulation, a member of the Board is not entitled to be paid in respect of duties or functions performed by him in pursuance of these Regulations.

(2.) Nothing in the last preceding sub-regulation—

(a) prevents reimbursement from the funds of the Canteens Service of a member of the Board for out-of-pocket expenses reasonably incurred by him in the performance of his duties or functions under these Regulations; or

(b) prevents a member of the Board who is a member of the Air Force or an officer of the Public Service of the Commonwealth from receiving pay and allowances in his capacity as a member of the Air Force or as an officer of the Public Service of the Commonwealth.

General Manager.

14.—(1.) The Board may, with the approval of the Air Board, appoint a person with the appropriate business experience to be the General Manager of the Canteens Service.

(2.) The General Manager shall carry out such duties in connexion with the Canteens Service as the Board directs.

 

(3.) Where the General Manager is not a member of the Air Force or an officer of the Public Service of the Commonwealth, he shall be paid from the funds of the Canteens Service such remuneration as the Board, with the approval of the Air Board, determines.

General powers, duties and functions of the Board.

15. The Board has power to establish, maintain and operate the Canteens Service, and, for the purpose of establishing, and in the course of maintaining and operating, that Service may, subject to these Regulations—

(a) purchase, lease, hire, or otherwise acquire property;

(b) sell goods and merchandise, and supply and provide services, entertainment and other amenities;

(c) accept gifts and donations of money and other property;

(d) open, conduct and close canteens, airmen’s clubs, cinemas, and other institutions and facilities;

(e) dispose of land, buildings, stock, plant, equipment and other property acquired by, or vested in, the Board;

(f) invest money in securities of, or guaranteed by, the Government of the Commonwealth or of a State;

(g) act as the agent, in the establishment and operation of a canteens service, of such Department of the Commonwealth, and upon such terms, as the Air Board, with the approval of the Minister, directs;

(h) make contributions in the form of gifts or advances of cash or in any other convenient form, to persons or committees, or associations of persons, whether members of the Air Force or not, for the purpose of the contributions being used to or towards, the provision of goods, services, entertainments, recreation, or other amenities, for the use, benefit, or enjoyment of members of the Air Force, either alone or together with members of any other part of the Defence Force, members of any allied force, or persons employed by or under the Commonwealth in connexion with the Air Force;

(i) make contributions, in the form of gifts or advances of cash, to any fund established or existing for any of the purposes mentioned in the last preceding paragraph; and

(k) do anything which is incidental to any of its powers.

Employment of staff.

16.—(1.) The Board may employ such persons as it considers necessary for the purposes of these Regulations.

(2.) An employee of the Board shall be paid at such rates and employed under such conditions as the Board determines, and, in determining these rates and conditions, the Board shall have regard to the rates of pay and conditions of employment provided by any industrial award, order, determination or agreement for persons employed in the trade and calling in which the employee of the Board is employed.

Banking account.

17.—(1.) The Board shall open and maintain a banking account with the Commonwealth Trading Bank of Australia or the Commonwealth Savings Bank of Australia or, if the facilities of those Banks are not available, with such other bank as the Board determines, and all other moneys received by the Board shall be paid to the credit of that banking account.

 

(2.) All payments by the Board shall be made through its banking account except in the case of petty cash payments, which may be made by means of petty cash account.

Board deemed to be a service institution.

18. For the purpose of the Air Force Act and the Rules of Procedure as applied in relation to the Air Force and the members thereof, the Board shall be deemed to be a service institution.

Loss, damage or destruction of property of the Board by a member.

19. Where, in consequence of a sentence or award of a court-martial or of an officer dealing summarily with a charge, a sum is required to be paid by a member of the Air Force—

(a) to make good any loss, damage or destruction of property of the Board; or

(b) as compensation for any loss, damage or destruction of property of the Board,

occasioned by the commission of an offence by the member, that sum shall be deemed to be a debt due and owing by the member to the Board and, without prejudice to any other means of recovery, may be deducted from moneys which are, or which become, due and payable by the Commonwealth to the member and may be paid to the Board in such instalments, and in such manner, as the Air Board directs.

Financial records.

20.—(1.) The financial records to be kept and maintained by the Board and the financial statements to be furnished by the Board shall be as ordered or directed by the Air Board.

(2.) The financial records of the Board shall be audited by a public accountant or a firm of public accountants approved by the Air Board.

(3.) The Board shall, not later than three months after the end of each accounting period, furnish two copies of the audited balance-sheet and profit and loss account of the Canteens Service to the Air Board.

(4.) A copy of each audited balance-sheet and profit and loss account furnished to the Air Board under the last preceding sub-regulation shall be forwarded by the Air Board to the Auditor-General.

(5.) For the purposes of this regulation, the accounting periods of the Board shall be such periods as are determined by the Air Board.

Disbursement of profits and surplus funds.

21.—(1.) The Board may, or, where the Minister, upon the recommendation of the Air Board and after receiving a report from the Board as to the amount required for the purpose of providing adequate funds for the maintenance and operation of the Canteens Service so directs, shall, give or advance to, or otherwise place at the disposal or under the control of, a committee or trustees nominated by the Air Board and approved by the Minister such amounts from the profits and surplus funds of the Canteens Service as the Minister, upon the recommendation of the Air Board, approves.

(2.) An amount shall not be given or advanced to, or otherwise placed at the disposal or under the control of, a committee or trustees under the last preceding sub-regulation except for the purpose of its being applied for such object and in such manner as the Minister, upon the recommendation of the Air Board, approves.

 

Board not responsible as to application of property given or advanced to committee, trustees, &c.

22. The Board is not responsible to see to the application of, or responsible for the mis-application of, any property (including profits and surplus funds) given or advanced to, or placed at the disposal of or under the control of, any committee, association or trustees at the direction of the Minister or in pursuance of its powers under these Regulations.

Exemption from certain laws.

23. It is not necessary, under or by reason of any law of a State or a Territory of the Commonwealth, to obtain or have any licence or permission for—

(a) keeping;

(b) supplying, on sale or otherwise, to members of the Air Force or to persons employed in Air Force establishments or units;

(c) supplying at the expense of members of the Air Force or of persons employed in Air Force establishments or units, to their guests; or

(d) permitting the consumption of,

intoxicating liquor at any canteen or club established in pursuance of these Regulations, if the intoxicating liquor is the property of the Board, of the members of the Air Force, or of the persons employed in Air Force establishments or units.

Licences.

24. Subject to the approval of the commanding officer of the Air Force establishment or unit, the Board may, upon such terms and conditions as it determines, grant to any person a licence to trade in an Air Force establishment or unit for the purpose of rendering a service not catered for in that establishment or unit by the Canteens Service.

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.