Air Force Regulations (Amendment) (Cth)

STATUTORY RULES.

1955. No..

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REGULATION UNDER THE AIR FORCE ACT 1923-1952.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Air Force Act 1923-1952.

Dated this twenty-third day of December, 1955.

W.J. Slim

Governor-General.

By His Excellency’s Command,

Minister of State for Air.

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Amendment of the Air Force Regulations. 

After regulation 514 of the Air Force Regulations the following regulation is inserted:—

Liability of members for loss, damage or expense caused to the Commonwealth by their neglect or misconduct.

“ 515.—(1.) Where—

(a) the Commonwealth has suffered or incurred loss, damage or expense; or

(b) there is a deficiency in the stores or materials of the Commonwealth which is not accounted for to the satisfaction of the Air Board,

and the Air Board considers that the loss, damage, expense or deficiency has been caused or contributed to by—

(c) the neglect or misconduct of a member; or

(d) the failure of a member to comply with, or a contravention by a member of, the Defence Act or the Act, a regulation made under either of those Acts or a lawful order or instruction,

the member shall be liable to pay to the Commonwealth such amount, not exceeding an amount which the Air Board considers sufficient to reimburse the Commonwealth for the loss, damage, expense or deficiency and any expenditure incurred by the Commonwealth as a result of the loss, damage, expense or deficiency as the Air Board directs to be paid by the member.

“ (2.) In determining the amount payable by a member under this regulation, the Air Board shall take into consideration—

(a) the gravity of the member’s neglect, misconduct, failure or contravention;

 

* Notified in the Commonwealth Gazette on , 1955.

Statutory Rules 1927, 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, No. 41.

4717/55.—Price 3d. 15/4.10.1955.

 

(b) the extent to which that neglect, misconduct, failure or contravention caused or contributed to the loss, damage, expense or deficiency;

(c) the rate of pay of the member; and

(d) any other relevant matters.

“ (3.) An amount which the Air Board directs under this regulation to be paid by a member shall be deemed to be a debt due and owing by the member to the Commonwealth and, without prejudice to the right of the Commonwealth to recover the amount by other moans, may be deducted in such instalments, and in such manner, as the Air Board directs from the pay, allowances, and other moneys which are, or which may become, payable to the member by the Commonwealth under the Defence Act or the Act.

“ (4.) The powers and functions conferred on the Air Board by the preceding provisions of this regulation may be exorcised and performed by an officer authorized by the Air Board for that purpose, but, in the exercise and performance of those powers and functions an officer so authorized shall not, in respect of a particular loss, damage, expense or deficiency, direct the payment to the Commonwealth by a member of an amount which exceeds an amount equal to the pay and allowances of the member for a period of twenty-eight days.

“ (5.) Where an officer so authorized by the Air Board has directed that an amount be paid, to the Commonwealth by a member—

(a) the commanding officer, if any, of the officer;

(b) the air or other officer, if any, commanding the command in which the officer is serving;

(c) if the officer is outside Australia or on war service in Australia, the officer, if any, in chief command of the force to which the officer belongs; or

(d) the Air Board,

shall, at the request of the member, review the direction and may, in his or its discretion—

(e) confirm the direction;

(f) cancel the direction; or

(g) direct that a lesser amount be paid to the Commonwealth by the member.

“ (6.) A direction by an officer made by virtue of sub-regulation (4.) of this regulation or the last preceding sub-regulation shall, for the purposes of this regulation, have the same force and effect as a direction by the Air Board.”.

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Printed for the Government of the Commonwealth by A. J. Arthur at the Government Printing Office, Canberra.