Air Force Regulations 1927
Statutory Rules No. 161, 1927 as amended
made under the
Air Force Act 1923
Compilation start date: 4 June 2013
Includes amendments up to: SLI No. 92, 2013
About this compilation
The compiled instrument
This is a compilation of the Air Force Regulations 1927 as amended and in force on 4 June 2013. It includes any amendment affecting the compiled instrument to that date.
This compilation was prepared on 18 June 2013.
The notes at the end of this compilation (the endnotes) include information about amending Acts and instruments and the amendment history of each amended provision.
Uncommenced provisions and amendments
If a provision of the compiled instrument is affected by an uncommenced amendment, the text of the uncommenced amendment is set out in the endnotes.
Application, saving and transitional provisions for amendments
If the operation of an amendment is affected by an application, saving or transitional provision, the provision is identified in the endnotes.
Modifications
If a provision of the compiled instrument is affected by a textual modification that is in force, the text of the modifying provision is set out in the endnotes.
Provision ceasing to have effect
If a provision of the compiled instrument has expired or otherwise ceased to have effect in accordance with a provision of the instrument, details of the provision are set out in the endnotes.
Contents
Part 1—Preliminary
1 Name of Regulation
4 Definitions
5 Application of Criminal Code
7 Delegation
Part 2—Precedence in the Australian Air Force
33 Precedence
Part 3—Structure of the Australian Air Force
34 Structure
Part 4—Medical examinations
114 Examinations
Part 7—Forfeiture and prohibited areas
436 Stoppages for deficiencies
437 Prohibited area
Part 14—Flying
686 Air Navigation Regulations 1947
688 Flying orders
Endnotes
Endnote 1—Legislation history
Endnote 2—Amendment history
Endnote 3—Uncommenced amendments [none]
Endnote 4—Misdescribed amendments [none]
Endnote 5—Modifications [none]
Endnote 6—Renumbering tables [none]
Endnote 7—Repeal tables
Part 1—Preliminary
1 Name of Regulation
These Regulations are the Air Force Regulations 1927.
4 Definitions
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.
5 Application of Criminal Code
Chapter 2 of the Criminal Code applies to offences against these Regulations.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
7 Delegation
(1) The Governor‑General may delegate any of the Governor‑General’s powers (other than this power of delegation) to an officer.
(2) The Chief of…
Overview
The Air Force Regulations 1927, enacted under the Air Force Act 1923, were introduced to address the need for comprehensive governance and operational guidelines for the Australian Air Force. These regulations provide a framework for the administration, structure, and conduct of Air Force personnel, including the delineation of responsibilities, medical standards, and disciplinary measures. The regulations were drafted by the Australian Government and have been subject to numerous amendments over the years, reflecting changes in military strategy, technology, and operational practices. The document was enacted by the Governor-General, ensuring alignment with federal military directives and the overarching objectives of the Defence Force Re-organization Act 1975. The policy objective is to maintain discipline, efficiency, and readiness within the Air Force, ensuring it operates effectively and in accordance with statutory and legislative mandates.
Scope and Application
The Air Force Regulations 1927, as amended, provide a comprehensive regulatory framework for the governance and operation of the Australian Air Force, operating under the authority of the Air Force Act 1923. These Regulations apply to all members of the Australian Air Force, which includes officers and airmen, and govern their conduct, responsibilities, and the structure of the force. The scope extends to defining roles and responsibilities, detailing procedures for medical examinations to assess members' fitness, and setting out protocols for the management of equipment and kit issued to members. The Regulations also address the issuance of orders for the conduct of flying within the Air Force, exempting the Air Force from the applicability of the Air Navigation Regulations 1947, and establish provisions for the declaration and enforcement of prohibited areas for aircraft flight. The authority to declare such areas lies with the Governor-General, who can specify these areas by proclamation, with the imposition of strict liability for violations, including a penalty of up to six months imprisonment. Furthermore, the Regulations allow for delegation of powers by the Governor-General and the Chief of Air Force, enhancing the operational flexibility and efficiency of the Air Force administration. These provisions are applicable across the Commonwealth of Australia, ensuring uniformity in the enforcement and compliance of Air Force regulations nationwide.
Key Provisions
- The Air Force Regulations 1927, as amended, govern the administration and operation of the Australian Air Force. Key provisions include those that define terms used within the regulations, such as "airman" and "officer," and those that outline the structure of the Air Force, with the Chief of Air Force having the responsibility to determine this structure (Section 34). The regulations also detail the process for medical examinations of members to assess their medical fitness for duty (Section 114), and they establish the authority for the Chief of Air Force to issue flying orders (Section 688). Additionally, the regulations address the forfeiture of salary and allowances for members who fail to properly care for issued equipment or kit, with commanding officers having the authority to impose such penalties (Section 436). Moreover, the Governor-General has the power to declare areas as prohibited for aircraft flying, with strict liability for violations of these prohibitions, and an offence carrying a maximum penalty of six months imprisonment (Section 437).
- Obligations imposed by the Air Force Regulations 1927 include ensuring that members of the Air Force, including both officers and airmen, undergo medical examinations as required to assess their fitness for service. Members are also required to take responsibility for any equipment or kit issued to them and must maintain it in good condition. Commanding officers must ensure that members adhere to these standards and may impose penalties for failures. Furthermore, the regulations require that the Air Force's structure be determined by the Chief of Air Force, considering the requirements of the Air Force Act 1923 and the Defence (Personnel) Regulations 2002. These regulations also necessitate adherence to the Air Navigation Regulations 1947, except where they conflict with Air Force-specific regulations (Section 686).
- The Air Force Regulations 1927 establish several offences and penalties for non-compliance. Notably, flying an aircraft in a declared prohibited area is an offence, with strict liability applying to the physical element of the offence (Section 437). The penalty for this offence is a maximum of six months imprisonment. This means that individuals can be held criminally liable for flying in a prohibited area without regard to their mental state or intent, focusing solely on the act of flying in the designated area. Additionally, the regulations permit the forfeiture of salary and allowances for members who do not properly maintain their equipment or kit, with the specific authority to impose such penalties vested in commanding officers. These provisions underscore the importance of strict adherence to regulations to ensure the safety, discipline, and operational readiness of the Australian Air Force.
- Area of Law
- Corporate Law & Governance
- Instrument
- Statutory Instrument
- Concepts
- Definitions & Interpretation
- Delegation
- Prohibited Conduct