STATUTORY RULES.
1922. No. 160.
REGULATIONS UNDER THE DEFENCE ACT 1903-1918 AND THE NAVAL DEFENCE ACT 1910-1918.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, in pursuance of the powers conferred on me by the Defence Act 1903-1918 and the Naval Defence Act 1910-1918 and all other powers me thereunto enabling, hereby make the following Regulations which shall be deemed to have come into force on the 31st March, 1921, with the exception of regulation 4 which shall be deemed to have come into force on the 12th November, 1920.
Dated this eighteenth day of October, 1922.
FORSTER,
Governor-General.
By His Excellency’s Command,
W. MASSY GREENE,
Minister of State for Defence.
Air Force Regulations.
Short title.
1. These Regulations may be cited as the Air Force Regulations 1922.
Definition.
2. In these Regulations, unless the contrary intention, appears—
“Airman” includes a non-commissioned officer but does not include an officer;
“Australian Military Regulations 1916” means the Regulations made by Statutory Rules 1916, No. 166, as amended from time to time;
“The Air Board” means the Air Board constituted under the Air Board Regulations (Statutory Rules 1920, No. 223) and any regulations amending or in substitution for them and for the time being in force.
“The Air Force” means the Royal Australian Air Force constituted under the Defence Act 1903-1918 by Orders of the Governor-General dated the twenty-fourth day of March, 1921, and the thirteenth day of August, 1921, and published in the Gazette on the thirty-first day of March, 1921, and the eighteenth day of August, 1921, respectively.
Application of Australian Military Regs. to Air Force.
3. Subject to these Regulations, the Australian Military Regulations 1916 shall apply to the Air Force.
Exercise of powers.
4. In the application of the Australian Military Regulations 1916 to the Air Force all powers, except those relating to courts martial, which may be exercised by the Military Board, may be exercised by the Air Board, and all powers, except those relating to courts martial, which may be exercised by a member of the Military Board or by a District Commandant or a Commander of a formation, may be exercised by the member of the Air Board to whom those powers are delegated by the Air Board.
Meaning of terms in Australian Military Regulations when applied to Air Force.
5. In the application of the Australian Military Regulations to the Air Force the ranks, terms and expressions set out in the First Column hereunder shall be deemed to include respectively the ranks, terms and expressions set out opposite them in the Second Column hereunder.
First Column. | | Second Column. |
Soldier...................................... | .. | Airman |
Regiment or Corps.............................. | .. | Unit |
Head-Quarters................................. | | Air Force Head-Quarters |
Central Administration........................... | |
Permanent Forces............................... | .. | Permanent Air Force |
Military..................................... | .. | Air Force |
| | Air Board Weekly Orders |
Military Orders................................ | Air Force Head-Quarters |
| Routine Orders |
Field Officer.................................. | .. | Group Captain, Wing |
| | Commander and Squadron |
| | Leader |
Subaltern.................................... | .. | Flying Officer and Pilot Officer |
Medical Officer in… |
Overview
The Air Force Regulations 1922 were enacted to address the need for specific regulations governing the conduct and operations of the Royal Australian Air Force (RAAF), which was established under the Defence Act 1903-1918. These regulations were created under the authority of the Parliament of Australia to provide a legal framework that specifically catered to the unique aspects of air operations, differentiating them from the existing Australian Military Regulations 1916 which applied to ground forces. The primary policy objective of these regulations was to ensure that the RAAF could operate efficiently and effectively, with a clear set of rules and guidelines that reflected the particular requirements and challenges of aerial warfare and military aviation.
These regulations applied the Australian Military Regulations 1916 to the Air Force, with certain modifications and exclusions to accommodate the distinct nature of air operations. The Air Board, constituted under the Air Board Regulations 1920, was granted the authority to exercise powers previously held by the Military Board, with the exception of those relating to courts martial. This delegation of authority aimed to streamline decision-making processes within the Air Force, ensuring that air-specific matters could be managed with the appropriate level of expertise and responsiveness. Furthermore, these regulations established specific ranks and precedence within the RAAF, set retirement ages for officers and airmen, and outlined conditions for re-engagement, discharge, and leave, providing a comprehensive governance structure for the newly formed Air Force.
Scope and Application
The Air Force Regulations 1922 apply to the Royal Australian Air Force, including its members such as officers and airmen, and to the Air Board which is responsible for exercising powers and delegating tasks within the Air Force. The Regulations are an instrument under the Defence Act 1903-1918 and the Naval Defence Act 1910-1918, and as such, they have a Commonwealth reach. Certain portions of the Australian Military Regulations 1916 are incorporated into these Regulations but with specific exclusions and modifications to better suit the Air Force. For example, certain ranks and terms from the Australian Military Regulations are adapted to fit the Air Force context, and some provisions do not apply to the Air Force at all. Additionally, the Regulations address matters such as retirement ages, re-engagement, discharges, and leave entitlements specific to the Air Force personnel. The regulations may be extended or further defined through subordinate instruments, but no such extensions or restrictions are mentioned in the text provided.
Key Provisions
- The Air Force Regulations 1922, under the Defence Act 1903-1918 and the Naval Defence Act 1910-1918, set forth the rules governing the Royal Australian Air Force (RAAF). Section 2 provides definitions for key terms used throughout the regulations, such as "Airman" and "The Air Board." Section 3 states that, subject to these regulations, the Australian Military Regulations 1916 will apply to the Air Force. Section 4 outlines the powers that can be exercised by the Air Board, including powers typically held by the Military Board, except for those relating to courts martial. Section 5 clarifies that certain terms and ranks from the Australian Military Regulations will have corresponding terms and ranks within the Air Force. Section 6 identifies specific sections of the Australian Military Regulations that do not apply to the Air Force.
- The obligations imposed by these regulations include adherence to the Australian Military Regulations 1916, with specified exceptions, and the application of corresponding ranks and terms from the Australian Military Regulations to the Air Force. The Air Board has the authority to exercise certain powers that would otherwise be held by the Military Board. Furthermore, the regulations establish the ranks of officers in the Royal Australian Air Force and the corresponding ranks in the Australian Military Regulations. These regulations also detail the retirement ages for officers and airmen, and specify the conditions under which service periods can be extended in times of war. Additionally, the regulations outline the process for re-engagement, discharge, and the granting of leave for members of the Permanent Air Force.
- Breaches of these regulations can result in various consequences, although specific offences, penalties, or consequences are not detailed within the text of these regulations. However, under general principles of military law, violations of military regulations can lead to disciplinary action, including courts martial, fines, imprisonment, or dismissal from service, depending on the severity of the offence and the discretion of the military authorities.
- Area of Law
- Defence & Military Law
- Instrument
- Regulation
- Concepts
- Definitions & Interpretation
- Reporting & Disclosure Obligations
- Transitional Provisions