Air Force Regulations (Amendment) (Cth)

STATUTORY RULES.

1955. No. 41.

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 makes the following Regulations under the Air Force Act 1923-1952.

Dated this twenty fifth day of May, 1955.

W. J. Slim

Governor-General.

By His Excellency’s Command,

(Sgd.) ATHOL TOWNLEY

Minister of State for Air.

 

Amendments of the Air Force Regulations.  

Interpretation.

1. A reference in these Regulations to a regulation by number shall be read as a reference to the regulation, so numbered, of the Air Force Regulations, as amended to the date of commencement of these Regulations.

Interpretation.

2. Regulation 4 is amended—

(a) by omitting from sub-regulation (1.) the definition of “active service” and inserting in its stead the following definition:—

“‘active service’, in relation to a person subject to air-force law, moans the service rendered by that person—

(a) when he is attached to or forms part of a force which—

(i) is engaged in operations against an enemy;

(ii) is engaged in warlike operations in a country or place wholly or partly occupied by an enemy;

(iii) is in military occupation of a foreign country; or

(iv) is engaged in a country outside Australia in operations for the protection of life or property; or

 

* Notified in the Commonwealth Gazette on , 1955.

  Statutory Rules 1927, No. 161, as amended to date. For previous amendments of the Air Force Regulations see footnote   to Statutory Rules 1955, No. .

3275.—Price 8d. 15/15.2.1955.

(b) during a period or in an area in respect of which the Governor-General, by notice in the Gazette, declares that the force to which he is attached or of which he forms part is, or the persons serving during that period or in that area are, on active service;”;

(b) by inserting in sub-regulation (1.), after the definition of “aircraft material”, the following definition:—

“‘aircraftwoman’ means an airwoman not being a warrant officer or a non-commissioned officer;”;

(c) by omitting from sub-regulation (1.) the definition of “airman” and inserting in its stead the following definition:—

“‘airman’ includes an enlisted male or female person who is subject to these Regulations, but does not include an officer;”;

(d) by inserting in sub-regulation (1.), after the definition of “air signal”, the following definition:—

“‘airwoman’ means an enlisted female person who is subject to these Regulations, but does not include an officer;”;

(e) by inserting in sub-regulation (1.), after the definition of “defaulter”, the following definition:—

“‘enemy’ includes armed mutineers, armed rebels, armed rioters, armed pirates and persons engaged in armed operations against any of Her Majesty’s Forces;”;

(f) by omitting from sub-regulation (1.) the definitions of “member of the Defence Force”, “member of the Naval Forces” and “member of the Military Forces” and inserting in their stead the, following definitions:—

“‘member of the Defence Force’ includes an officer appointed to, or a person enlisted in, the Naval, Military or Air Forces;

“‘member of the Military Forces’ includes an officer appointed to, or a person enlisted in, the Military Forces;

“‘member of the Naval Forces’ includes an officer appointed to, or a person enlisted in, the Naval, Forces;”;

(g) by omitting from the definition of “officer” in sub-regulation (1.) the words “,and a commissioned warrant officer,”;

(h) by omitting from the definition of “warrant officer” in sub-regulation (1.) the words “,and includes a member holding master rank”.

Boards of Inquiry.

3. Regulation 23 is repealed.

Power to appoint and promote officers.

4. Regulation 45 is amended by omitting from sub-regulation (1a.) the words “appointment of promotion” and inserting in their stead the words “appointment or promotion”.

Principal chaplains.

5. Regulation 48a is amended—

(a) by omitting from sub-regulation (1.) the word “staff” (wherever occurring) and inserting in. its stead the word “principal”;

(b) by omitting from sub-regulation (2.) the word “staff” and. inserting in its stead the word “principal”;

(c) by omitting from sub-regulation (3.) the word “Staff” and inserting in its stead the word “Principal”; and.

(d) by omitting from sub-regulation (4.) the word “staff” and inserting in its stead the word “principal”.

Acting appointments.

6. Regulation 59a is amended by omitting from sub-regulation (1.) the words “in time of war”.

Service of airman in an aircrew mustering.

7. Regulations 108 and 108a are repealed and the following regulation is inserted in their stead:—

“108.—(1.) Where an airman who is selected for training for an aircrew mustering has, at the date on which he commences that training, six years or more to serve under the engagement under which he is serving at that date, the airman may be required, after the completion of that training—

(a) if he has completed his training for an aircrew mustering of pilot or navigator—to serve in the mustering of pilot or navigator for which he is selected until the end of that engagement; and

(b) if he has completed his training for an. aircrew mustering other than that of pilot or navigator—

(i) to serve in that aircrew mustering for a period which, when added to his period of training, totals six years; and

(ii) to revert, at the expiration of that period of six years, to the mustering in which he was serving when selected for that training and to serve until the end of that engagement in the mustering to which he reverts.

“(2.) Sub-paragraph (ii) of paragraph (b) of the last preceding sub-regulation does not apply to a member who volunteers and is selected for a further period of service in an aircrew mustering or is appointed an officer.

“(3.) Where an airman who is selected for training in an aircrew mustering has, at the date on which he commences that training, less than six years to serve under the engagement under which at that date he is serving, the airman shall be required to re-engage for a period of six years.

“(4.) Where an airman who is selected for training in an aircrew mustering fails to complete the training—

(a) the airman shall, unless the Air Board otherwise determines, be required to revert to the mustering in which he was serving when selected for that training, and to serve in that mustering until the end of the engagement under which he was, immediately before his selection for training in an aircrew mustering, required to serve; and

(b) the airman shall not, if he is an airman who has re-engaged for the period of six years referred to in the last preceding sub-regulation, be required to complete that re-engagement.”.

Power to discharge.

8. Regulation 109 is amended by omitting sub-regulation (3.).

Discharge of persons trained as pilots.

9. Regulation 113 is amended—

(a) by omitting from sub-regulation (1.) the words “imposed upon him by this regulation” and inserting in their stead the words “required of him by regulation 108”; and

(b) by omitting sub-regulation (2.).

Repeal of regulation 120b.

10. Regulation 120b is repealed.

Extended leave of absence without pay.

11. Regulation 128 is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulations:—

“(2.) The period during which a member of the Permanent Air Force is absent on leave granted under the last preceding sub-regulation shall not be included in the period of service of the member for the purposes of the grant of rank on retirement, medals or decorations, sick leave or, except where leave under that sub-regulation is granted to enable the member to pursue a course of study under a Commonwealth scheme of vocational training, long service leave.

“(2a.) The continuity of the service of a member of the Permanent Air Force shall be deemed not to be, or not to have been, broken by a period of absence granted under sub-regulation (1.) of this regulation.”.

12. Regulations 149, 150 and 150a are repealed and the following regulations inserted in their stead:—

Long service leave

“149.—(1.) The Air Board may grant to a member of the Permanent Air Force, or to a member of the Citizen Air Force who is serving on continuous full-time service with the Permanent Air Force, whose period of service is not less than fifteen years, leave of absence for long service not exceeding three-tenths of one month on full pay or three-fifths of one month on half pay in respect of each completed year of his period of continuous service.

“(2.) A member shall not be granted leave of absence under the last preceding sub-regulation for a continuous period exceeding twelve months at any one time or leave of absence which is in respect of a period of service in excess of forty years.

“(3.) Upon the retirement of a member who is eligible for leave of absence under sub-regulation (1.) of this regulation, the Air Board may, in lieu of granting that leave, authorize the payment to the member of a sum not exceeding the amount of pay, calculated at the rate payable to him on the date of his retirement, for a period equal to the period of leave on full pay which the member could have boon granted under that sub-regulation.

“(4.) Upon the death of a member who, at the date of his death was eligible for leave of absence under sub-regulation (1.) of this regulation, the Air Board may authorize payment to the dependants of the member

of a sum equivalent to the amount of pay which the Air Board could have authorized to be paid to the member under the last preceding sub-regulation if the member had retired immediately before the date of his death.

Proportionate, long service leave.

“150.—(1.) The Air Board may grant to a member of the Permanent Air Force, or to a member of the Citizen Air Force who is serving on continuous full-time service with the Permanent Air Force, whose period of service is not less than eight years but less than fifteen years, immediately before his retirement on attaining the proscribed age for retirement, leave of absence for long service on full pay—

(a) where the period of service of the member is not less than eight years but is loss than twelve years—for a period of three months; and

(b) where the period of service of the member is not less than twelve years but is less than fifteen years—for a period of four months.

“(2.) Upon the retirement of a member who is eligible for leave under the last preceding sub-regulation, the Board may, in lieu of granting that leave, authorize payment to the member of a sum not exceeding his pay for a period equal to the period of leave on full pay which the member could have been granted under that sub-regulation.

“(3.) Upon the retirement of a member of the Permanent Air Force, or a member of the Citizen Air Force serving on continuous full-time service with the Permanent Air Force, whoso period of service is less than fifteen years and who satisfies the Air Board that his retirement is due to ill-health that is permanent and not due to misconduct or to causes within his own control, the Air Board may authorize payment of a sum, not exceeding his pay at the rate payable immediately before his retirement, which the member would have received if he had been granted leave of absence on full pay—

(a) where the period of service of the member is not less than four years but is less than eight years—for a period of two months;

(b) where the period of service of the member is not less than eight years but is less than twelve years—for a period of three months; or

(c) where the period of service of the member is not less than twelve years but is loss than fifteen years—for a period of four months.

“(4.) “Upon the death of a member of the Permanent Air Force, or a member of the Citizen Air Force serving on continuous full-time service with the Permanent Air Force, whose period of service is less than fifteen years, the Air Board may authorize payment to the dependants of the member of a sum equivalent to the amount of pay which the Air Board would have authorized to be paid to the member under the last preceding sub-regulation if, because of permanent ill-health not due to misconduct or to causes within the control of the member, the member had retired on the day of his death.

“(5.) The last two preceding sub-regulations do not operate so as to give the Air Board power to authorize payment of a sum to a member, or the dependants of a member, whose period of service is less than eight years on the day on which he retires or dies, as the case requires, unless the period of service of the member would have been eight years if he had served continuously until the expiry of his then current commission or engagement or until he had attained the age for retirement, whichever would have first occurred.”.

Payment of long service leave pay to dependants.

13. Regulation 151 is amended—

(a) by omitting from sub-regulation (2.) the words “may be paid”; and

(b) by omitting paragraph (a) of sub-regulation (2.) and inserting in its stead the following paragraph:—

“(a) may be paid on behalf of that dependant to a person approved by the Minister; or”.

14. Regulation 152 is repealed and the following regulation inserted in its stead:—

Reduction in long service leave on account of other leave.

“152. The period for which leave of absence for long service may be granted to a member or the period in respect of which a payment to a member or his dependants may be authorized under this Part shall be reduced by any period of furlough or long service leave (being furlough or leave in respect of service included in his period of service) previously granted to the member and any period in respect of which a payment in lieu of any such furlough or long service leave was authorized under this Part or under another law of the Commonwealth or a Territory of the Commonwealth providing for the granting of furlough or long service leave or payment in lieu of furlough or long service leave.”.

Meaning of “pay” in regulations 149 and 150.

15. Regulation 152b is amended—

(a) by omitting paragraphs (h) and (i) of sub-regulation (1.) and inserting in their stead the following paragraphs:—

“(h) uniform allowance;

(i) flying pay; and

(j) operational pay.”;

(b) by omitting from sub-regulation (3.) the words “paragraph (b), (f), (h) or (i)” and inserting in their stead the words “paragraph (b), (c), (f), (h) or (i)”; and

(c) by omitting sub-regulation (4.) and inserting in its stead the following sub-regulation:—

“(4.) Operational pay shall not be included in the pay of a member under this regulation unless—

(a) he was entitled to operational pay in respect of the day on which he died; and

(b) payment to his dependants in lieu of long service leave is authorized.”.

Meaning of “period of service” in regulations 149 and 150.

16. Regulation 152c is repealed and the following regulation inserted in its stead:—

“152c.—(1.) For the purposes of regulations 149 and 150, but subject to this regulation, the period of service of a member is the period for which the member has been employed continuously in or with the Permanent Air Force and where, immediately before the commencement of that continuous period of employment in or with the Permanent Air Force, that member was continuously employed in—

(a) the service of the Commonwealth (including full-time service in the Naval, Military or Air Forces);

(b) the service of an authority of the Commonwealth;

(c) the service of a State;

(d) the service of an authority of a State; or

(e) the Public Service of a Territory of the Commonwealth,

the period for which the member was so employed shall be deemed to be a period of continuous employment in or with the Permanent Air Force.

“(2.) Where, before the commencement of his continuous period of employment in or with the Permanent Air Force, a member was employed continuously in more than one of the services specified in paragraphs (a), (b), (c), (d) and (e) of the last preceding sub-regulation, and the periods for which he was so employed were continuous with one another and with his service in or with the Permanent Air Force, each of those periods shall, subject to the next succeeding sub-regulation, be deemed to have been a period of continuous employment in or with the Permanent Air Force.

“(3.) Where a period of employment of a member in one of the services specified in paragraphs (a), (b), (c), (d) or (e) of sub-regulation (1.) of this regulation was terminated on the grounds of unsatisfactory service, that period of employment and the periods (if any) for which the member was previously employed in any of those services shall be doomed not to be periods of continuous employment in or with the Permanent Air Force.

“(4.) For the purposes of this regulation, the period of service of a member does not include—

(a) a period of employment as a part-time employee;

(b) a period of employment in an honorary capacity only;

(c) a period of employment remunerated by fees, allowances or commissions only;

(d) a period of employment in respect of which leave of absence for furlough or for long service on retirement on or subsequent to attaining the age proscribed for retirement has been granted, or payment made, to the member under—

(i) regulation 149 or 150;

(ii) the Commonwealth Employees’ Furlough Act 1943-1953;

(iii) the Public Service Act 1922-1953; or

(iv) any other law of the Commonwealth or of a Territory of the Commonwealth which provides for the grant of leave of absence for long service or for the making of a similar payment;

(e) a period of employment in respect of which leave of absence for furlough or long service has been granted, or payment made, to the member under a law of a State; or

(f) where the member is an officer who is not serving on a permanent commission or is an airman who is not serving on an engagement for a period of at least six years—the period (if any) by which his period or periods of continuous employment in one or more of the services specified in paragraphs (c) and (d) of sub-regulation (1.) of this regulation exceeds his period or periods of continuous employment in one or more of the services specified in paragraphs (a), (b) and (e) of that sub-regulation.

“(5.) For the purposes of this regulation, the continuity of the service of a member shall not be deemed to be, or to have been, broken by—

(a) a period or periods of absence during which a member pursues, or has pursued, a course of study under a Commonwealth scheme of vocational training; or

(b) any other period or periods of absence (including a period or periods when the member was not employed, or was employed as a part-time employee only or in an honorary capacity only or remunerated by fees, allowances or commissions only, by a service referred to in paragraph (a), (b), (c), (d) or (e) of sub-regulation (1.) of this regulation) unless—

(i) the period of absence, or the sum of two periods of absence separated only by a period of absence during which he pursues, or has pursued, a course of study under a Commonwealth scheme of vocational training exceeds, or has exceeded, twelve months; or

(ii) the number of days included in the period or periods of absence exceed in the aggregate one-seventh of the number of days occurring after the commencement of the first period of employment which, under sub-regulations (1.), (2.), (3.) and (4.) of this regulation, may be included in the period of his service, or, if the member is or has been absent for a period or periods during which he pursues, or has pursued, a course of study under a Commonwealth scheme of vocational training, one-seventh of the difference between that last-mentioned number of days and the number of days included in the period or periods of absence during which he pursues, or has pursued, that course of study,

but any such period or periods of absence shall not, for the purposes of this regulation, be included in the period of service of the member.

“(6.) For the purposes of the last preceding sub-regulation, a member shall be deemed not to be absent for any period of absence during which—

(a) he is on leave of absence with pay or with part pay; or

(b) he is on leave of absence without pay whore the leave of absence is granted—

(i) on account of illness;

(ii) in pursuance of a section of the Public Service Act 1922-1953 under which a period of absence has been, or is allowed to be, included as service for the purposes of that Act;

(iii) in pursuance of sub-regulation (3.) of regulation 128; or

(iv) during his period of continuous employment in or with the Permanent Air Force, to enable him to pursue a course of study under a Commonwealth scheme of vocational training.

“(7.) Where—

(a) during the employment of a member in a service specified in sub-regulation (1.) of this regulation leave of absence was granted to him to enable him to pursue a course of study under a Commonwealth scheme of vocational training; and

(b) that period of leave of absence would not be included in his period of service for the purposes of furlough or long service leave if the member were still employed in that service,

the member shall be deemed to have been absent for that period of leave of absence.”.

Commencement of sentences.

17. Regulation 414 is amended—

(a) by omitting from sub-regulation (3.) the words “an under-officer” and inserting in their stead the words “a warrant officer”; and

(b) by omitting sub-regulation (4.) and inserting in its stead the following sub-regulation:—

“(4.) A sentence of discharge or discharge with ignominy awarded to an airman by a court-martial takes effect on the day of its promulgation.”.

Assessment of compensation.

18. Regulation 433 is amended by omitting from sub-regulation (1.) the words “not less than 72 hours” and inserting in their stead the words “within seven days”.

19. After regulation 529 the following regulation is inserted:—

Assignments of pay, allowances, &c., not permitted.

“529a. Except as provided by these Regulations, pay, allowances, gratuities and rewards payable to a member under these Regulations shall be absolutely inalienable prior to their actual receipt by the member, whether by way of or in consequence of an assignment or charge, or an agreement to assign or charge, or otherwise.”.

Grants of increments.

20. Regulation 552a is amended by omitting sub-regulations (3.), (4.) and (5.) and inserting in their stead the following sub-regulations:—

“(3.) For the purpose of the granting of an increment, ‘service’ means such service as the Air Board approves.

“(4.) The granting of an increment to a member is dependent upon his good conduct, diligence and efficiency and is subject to the approval of—

(a) in the case of an officer—the Air Board; or

(b) in the case of an airman—the Air Member for Personnel.”.

Second Schedule.

21. The Second Schedule to the Air Force Regulations is amended by inserting in the table headed (i) Modifications, after item (lca), the following item:—

“(lcb) 141 Omit the whole section.”.

Fourth Schedule.

22. The Fourth Schedule to the Air Force Regulations is amended by omitting the second paragraph in the fourth column of the table headed (i) Modifications opposite to the figures “XV | IV. | 1147” and inserting in its stead the following paragraph:—

“Omit clause 6.”.

 

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