Air Force Regulations (Amendment) (Cth)

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DEFENCE (AIR).

AIR FORCE REGULATIONS.

Statutory Rules 1954, No. 30.(a)

Application of King’s Regulations and Air Council Instructions.

1. Regulation 13b of the Air Force Regulations is amended by omitting from sub-regulation (1.) the word and figures, “Chapter XVI.;” and inserting in their stead the words and figures “Chapter XVI., except paragraph 1230;”.

Third Schedule.

2. The Third Schedule to the Air Force Regulations is amended—

(a) by omitting item (a) from the table headed (i) Modifications and inserting in its stead the following item:—

(a)

10

Omit all the words from and including the words

‘In this rule the expression’ to the end of the rule and insert in their stead the following paragraph:—

“In this rule, the expression “superior officer” means an officer superior in command to the officer or authority who awarded the punishment.’.”; and

(b) by omitting item (bj) from that table and inserting in its stead the following item:—

“(bj)

126

Omit paragraph (b) and insert in its stead the following paragraph:—

‘(b) The expression “prescribed officer” for the purpose of sub-section (2) of section 57 of the Air Force Act means the Air Member for Personnel or the air or other officer commanding the command, area or group in which the trial took place or in which the offender may for the time being be.’.”.

Fourth Schedule.

3. The Fourth Schedule to the Air Force Regulations is amended—

(a) by inserting in the fourth column of the table headed (i) Modifications, after the paragraphs opposite to the figures “XV. | iii. | 1129”, the following paragraphs:—

“Omit from clause 2 the words “an officer who has power to convene a district court martial for trial of the alleged offender’ and insert in their stead the words and figures ‘a superior officer as defined in paragraph 1228’.

“Omit from clause 3 the words ‘superior authority’ and insert in their stead the words and figures a superior officer as defined in paragraph 1228’.”; and

(a) Made under the Air Force Act 1923–1952 on 26th March, 1954; notified In the Gazette on 1st April, 1954.

(b) by inserting in that table, after the figures

“XVI. | I. | 1226” and the words opposite thereto, the following words and figures:—

‘XVI.

I.

1228

Omit sub-clause (b) of clause 1 and insert in its stead the following sub-clause:—

‘(b) He may, where he considers that a court martial should not be convened, direct the disposal of the charge summarily; or’.

Add at the end of sub-clause (d) of that clause the word ‘; or’.

Insert, after sub-clause (e) of that clause, the following word and sub-clause:—

‘; or (f) If the charge does not fell within clause 1 of paragraph 1129, he may authorize a commanding officer to dispose of the charge summarily.’.

Omit from clause 3 the words ‘detailed at (b), (c) and (d)’, and insert in their stead the words ‘specified in sub-clauses (b), (c), (d) and (f)’.”.

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