Air Force Regulations (Amendment) (Cth)

STATUTORY RULES.

1955 No. 19.

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REGULATIONS UNDER THE AIR FORCE ACT 1932-1952.*

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 1932-1952.

Dated this twenty-eighth day of February, 1956.

W.J. Slim

Governor-General.

By His Excellency’s Command,

(Sgd.) ATHOL TOWNLEY

Minister of State for Air.

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Amendments of the Air Force Regulations. 

1. Regulations 73 and 74 of the Air Force Regulations are repealed and the following regulation is inserted in their stead:—

Resignation of officers.

“73.—(1.) An officer may, by writing under his hand, tender to the Air Board the resignation of his Commission.

“(2.) Where—

(a) an officer of the Air Training Corps;

(b) an officer on the Retired List; or

(c) an officer in the Reserve, being an officer who, having been enrolled under sub-regulation (2.) of regulation 455 in the Reserve on the termination of his period of service in the Active Force, has completed the period of service in the Reserve which is required of him under these Regulations,

tenders the resignation of his commission to the Air Board, the Air Board—

(d) may, if the resignation is tendered in time of war—

(i) recommend to the Governor-General the acceptance of the resignation; or

(ii) reject the tender of the resignation; or

(e) shall, if the resignation is tendered at any other time, forthwith recommend to the Governor-General the acceptance of the resignation.

 

* Notified in the Commonwealth Gazette on , 1956.

Statutory Rules 1927, No. 161, as amended to date. For previous amendments of the Air Force Regulation, see footnote to Statutory Rules 1955, No. 36, and see also Statutory Rules 1955, Nos. 41.

6319/55.—Price 3d. 15/19.12.1955.

 

“(3.) An officer, not being—

(a) an officer to whom the last preceding sub-regulation applies;

(b) an officer undergoing a course of training;

(c) an officer engaged in duties which, in the opinion of the Air Board, are of a special nature or involve overseas service; or

(d) an officer who has completed a course of training, a period of special duties or a period of overseas service but has not completed the period of service required of him by the Air Board by reason of his having undergone the course of training or his being engaged on the special duties or on overseas service,

may tender the resignation of his commission to the Air Board by giving three months’ notice and, upon receipt of the tender, the Air Board—

(e) may, if the resignation is tendered—

(i) in time of war; or

(ii) during a period declared by the Air Board to be a period in which the unrestricted acceptance of resignations tendered by officers of the branch in which that officer is included or by officers generally would prejudice the defence of the Commonwealth,

recommend to the Governor-General the acceptance of the resignation or may reject the tender of the resignation; or

(f) shall, if the resignation is tendered at any other time, recommend to the Governor-General the acceptance of the resignation.

“(4.) An officer specified in paragraph (b),(c) or (d) of the last preceding sub-regulation may, whether in time of war or otherwise, tender the resignation of his commission to the Air Board by giving three months’ notice and, upon receipt of the tender, the Air Board may—

(a) reject the tender of the resignation;

(b) recommend to the Governor-General that the resignation be accepted; or

(c) recommend to the Governor-General that the resignation be accepted subject to the payment by the officer of such sum as the Air Board determines to be a reasonable amount to be paid to the Commonwealth as reimbursement towards the whole or part of—

(i) the cost incurred by the Commonwealth in the training of the officer; or

(ii) the costs incurred by the Commonwealth in the transport, outside Australia in the period of four years immediately preceding the date of the tender of resignation, of the officer or his family,

as the case may be.

“(5.) A resignation of a commission is not effective—

(a) until the Governor-General has accepted the resignation; or

(b) whore the acceptance of a tender is made subject to the payment of a sum of money under the last preceding sub-regulation, until the payment of the sum of money.”.

Repeal of regulations 75 and 76.

2. Regulations 75 and 76 of the Air Force Regulations are repealed.

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