Air Force Regulations (Amendment) (Cth)

DEFENCE (AIR).

AIR FORCE REGULATIONS.

Statutory Rules 1952, No. 14.(a)

Interpretation.

1. Regulation 4 is amended by adding at the end thereof the following sub-regulation :—

“ (3.) A reference in these Regulations to a regulation by number shall, unless the contrary intention appears, be read as a reference to the regulation, so numbered, of these Regulations.”.

Power to appoint and promote officers.

2. Regulation 45 is amended—

(a) by omitting from paragraph (b) of sub-regulation (2.) the word “ four ” (second occurring) and inserting in its stead the word “ five ”; and

(b) by omitting paragraph (d) and inserting in its stead the following paragraph :—

“(d)Temporary Commissions ; and ”.

Power to extend short service commissions.

3. Regulation 46 is amended by omitting from sub-regulation (2.) the word “ four ” and inserting in its stead the word “ five ”.

Service in the Reserve.

4. Regulation 46a is amended by omitting the word “ four ” and inserting in its stead the word “ five ”.

Ranks and seniority.

5. Regulation 50 is amended by omitting from sub-regulation (3.) the figures “ 53 ” and inserting in their stead the figures and letters “ 52a, 53, 54, 54aa, 54a ”.

6.—(1.) Regulations 52, 53, 54 and 54b are repealed and the following regulations are inserted in their stead :—

Appointment to general duties branch.

“ 52.—(1.) A commission in the general duties branch of the Permanent Air Force may, on the recommendation of, and subject to conditions approved by, the Air Board, be granted—

(a) to an air cadet who has graduated from the Air Force College ;

(b) to a university graduate ;

(c) to a qualified airman who has served in His Majesty’s Air Force in an aircrew mustering ; or

(d) to an airman in an aircrew mustering.

“ (2.) An air cadet shall, on appointment under this regulation, be granted a permanent commission and any other person appointed under this regulation shall be granted such commission as is determined by the Governor-General on the recommendation of the Air Board.

“ (3.) Except as provided by the next succeeding sub-regulation, a person shall, on first appointment to a commission under this regulation, be appointed with the rank of pilot officer.

 

(a) Made under the Air Force Act 1923-1950 on 21st February, 1952; notified in the Gazette on 28th February, 1952.

 

“ (4.) A qualified airman who has served in an aircrew mustering in His Majesty’s Air Forces may be appointed with, such rank as is determined by the Air Board.

“ (5.) Seniority of officers appointed under this regulation shall be determined—

(a) by the date following the day of graduation from the Air Force College in the case of an air cadet and, as between two or more cadets graduating on the same day, by the results obtained on graduation ;

(b)by the date of appointment to a commission in the case of a university graduate and, as between two or more university graduates appointed on the same day, by the results obtained on graduating in flying training ; and

(c) by the date of appointment in all other cases and by the Air Board as between two or more persons appointed on the same day.

Appointment to technical branch

“ 52a.—(1.) A commission in the technical branch of the Permanent Air Force may, on the recommendation of, and subject to conditions approved by, the Air Board, be granted—

(a) to an air cadet who has graduated from the Air Force College ;

(b) to a university graduate or under-graduate ;

(c) to a person who has served in His Majesty’s Forces ; or

(d)to a person possessing qualifications which, in the opinion of the Air Board, render him suitable for appointment to the technical branch.

“ (2.) An air cadet or a university graduate shall, on appointment under this regulation, be granted a permanent commission and any other person appointed under this regulation shall be granted such commission as is determined by the Governor-General on the recommendation of the Air Board.

“ (3.) Except as provided by the next succeeding sub-regulation, a person shall, on first appointment to a commission under this regulation, be appointed with the rank of pilot officer.

“ (4.) A person who has had previous service as a commissioned officer in any of His Majesty’s Forces may be appointed with such rank as is determined by the Air Board.

“ (5.) Seniority of officers appointed under this regulation shall be determined—

(a) by the date following the day of graduation in the ease of an air cadet and by the Air Board as between two or more cadets graduating on the same day ; and

(b)by the date of appointment in all other cases and by the Air Board as between two or more persons appointed on the same day.

“ (6.) For the purposes of paragraph (a)of the last preceding sub-regulation, the date of graduation of an air cadet who is undergoing a course at a university shall be such date, not being a date earlier than the date of graduation of an air cadet who commenced his course of instruction at the Air Force College on the same date as the first-mentioned air cadet, as the Air Board determines.

Appointment to the equipment, accountant and special duties branch.

“ 53.— (1.) A commission in the equipment branch, the accountant branch or the special duties branch with the rank on appointment of pilot officer may, on the recommendation of, and subject to conditions approved by, the Air Board, be granted to a person selected by the Air Board.

“ (2.) Seniority of officers appointed under this regulation shall be determined by the date of appointment and by the Air Board in the case of two or more persons appointed on the same day.

Appointment to medical branch.

“ 54.— (1.) A commission in the medical branch of the Permanent Air Force with the rank on appointment not above that of flight lieutenant may, on the recommendation of, and subject to conditions approved by, the Air Board, be granted to a person selected by the Air Board.

“ (2.) Seniority of officers appointed under this regulation shall be determined by the date of appointment and by the Air Board in the case of two or more persons appointed on the same day.

Appointments to commissions of warrant or noncommissioned officers.

“ 54aa.—(1.) Notwithstanding anything contained in regulations 52, 52a, 53 or 54, a commission in any branch of the Permanent Air Force may be granted on the recommendation of, and subject to conditions approved by, the Air Board—

(a) with the rank of flying officer, to a substantive warrant officer ; or

(b) with the rank of pilot officer, to an airman other than a warrant officer.,

“(2.) Seniority of officers appointed under this regulation shall be determined by the date of appointment and by the Air Board in the case of two or more persons appointed on the same day.

Appointment to commissions of ex-officers of His Majesty’s Forces and university graduates.

“ 54a. Notwithstanding anything contained in regulation 52, 52a, 53, 54 or 54aa, a person who has served as a commissioned officer in any of His Majesty’s Forces or any person who is a university graduate may, on the recommendation of, and subject to conditions as to rank and seniority approved by, the Air Board, be appointed to a commission in any branch of the Permanent Air Force.

Appointment on probation.

“ 54b.—(1.) A person other than an air cadet appointed to be an officer under the provisions of regulation 52, 52a, 53, 54, 54aa or 54ashall be appointed on probation for a period of twelve months, and his appointment may be terminated at any time during that period.

“ (2.) After the period of twelve months has expired, the Air Board may, upon a report from an air or other officer commanding, recommend to the Governor-General that the appointment be confirmed or terminated or may extend the period of probation for a further period not exceeding twelve months.

“ (3.) The Air Board, upon a report from the air or other officer commanding, may at any time during an extended period of probation recommend to the Governor-General confirmation or termination of the probationary appointment.

“ (4.) Upon the expiration of the extended period of probation of an officer whose appointment has not been confirmed or terminated under the provisions of the last preceding sub-regulation, the Air Board shall recommend to the Governor-General the confirmation or termination of the probationary appointment.”.

(2.) This regulation shall be deemed to have come into operation on the twenty-third day of September, 1948.

Transfers from the Naval and Military Forces.

7. Regulation 55 is repealed.

8. Regulations 64, 65 and 65b are repealed and the following regulations inserted in their stead :—

Promotion to flying officer.

“ 64.— (1.) A pilot officer may, subject to regulation 61, be promoted to the rank of flying officer on completion of twelve months’ service in the rank of pilot officer.

“ (2.) Notwithstanding anything contained in sub-regulation (3.) of regulation 50, an officer who is a graduate of the Air Force College or of a University may, on promotion to the rank of flying officer, be granted an ante-date of seniority of up to twelve months in the rank of flying officer on such conditions as are determined by the Air Board.

Promotion to flight lieutenant.

“ 65.— (1.) A flying officer of the general duties branch or the technical branch may, subject to regulation 61, he promoted to the rank of flight lieutenant—

(a)if he is a graduate of the Air Force College or of a university —on completion of two and one-half years’ service in the rank of flying officer ;

(b)if, prior to his having been granted a commission, he held master rank in an aircrew mustering—on completion of three years’ service in the rank of flying officer in the general duties branch ;

(c) if, prior to his having been granted a commission, he was a substantive warrant officer—on completion of three years’ service in the rank of flying officer in the technical branch ;

(d)if, prior to his having been granted a commission, he was an airman in an aircrew mustering—on completion of two and one-half years’ service in the rank of flying officer in the general duties branch ;

(e) if, prior to his having been granted a commission, he was a non-commissioned officer—on completion of two and one-half years’ service in the rank of flying officer in the technical branch ; and

(f) in all other cases—on completion of three years’ service in the rank of flying officer.

“ (2.) Notwithstanding anything contained in sub-regulation (3.) of regulation 50, a flying officer who is a university graduate may, on promotion to the rank of flight lieutenant under sub-regulation (1.) of this regulation, be granted an ante-date of seniority of up to six months in the rank of flight lieutenant on such conditions as the Air Board determines.

“ (3.) A flying officer of the equipment branch, the accountant branch or the special duties branch may, subject to regulation 61, be promoted to the rank of flight lieutenant—

(a)if he is a university graduate—on completion of two and one-half years’ service in the rank of flying officer ;

(b)if prior to his having been granted a commission, he was a substantive warrant officer—on completion of three years’ service in the rank of flying officer ;

(c)if, prior to his having been granted a commission, he was a non-commissioned officer—on completion of two and one-half years’ service in the rank of flying officer ; and

(d)in all other cases—on completion of three years’ service in the rank of flying officer.

“ (4.) Notwithstanding anything contained in sub-regulation (3.) of regulation 50, a flying officer who is a university graduate and who was appointed for works duty in the equipment branch may, on promotion to the rank of flight lieutenant under sub-regulation (3.) of this regulation, be granted an ante-date of seniority of up to six months in the rank of flight lieutenant on such conditions as the Air Board determines.

“ (5.) A flying officer of the medical branch may, subject to regulation 61, be promoted to the rank of flight lieutenant on completion of three years’ service in the rank of flying officer.

Promotion of flight lieutenants and higher ranks.

“ 65a.—(1.) The promotion of officers of the rank of flight lieutenant and of higher ranks than flight lieutenant shall be governed by the relative efficiency of officers eligible for promotion, and, where two or more officers are equally efficient, by the relative seniority of those officers.

“ (2.) The Air Board shall, for the purposes of this regulation, determine the relative efficiency of officers.

“ (3.) In determining seniority for the purposes of this regulation, regard shall not be had to acting rank.”.

Marriage of personnel undergoing flying training.

9. Regulation 74a is amended by omitting from paragraph (d) of sub-regulation (1.) the word “ pilot ” and inserting in its stead the words “ in an aircrew mustering ”.

10. Regulation 75 is repealed and the following regulation is inserted in its stead :—

Resignation of graduates of Air Force College.

“ 75. An officer who is a graduate of the Air Force College shall not, during the period of ten years after his graduation from the College, be entitled to resign his commission except with the approval of the Air Board, and upon payment of such amount as the Air Board determines.”.

Meaning of “ Service ”.

11. Regulation 77 is repealed.

12. Regulation 92 is repealed and the following regulation is inserted in its stead :—

Period of enlistment.

“ 92.— (1.) A person voluntarily enlisting as a member of the Air Force shall, subject to this regulation, engage to serve—

(a) in the Permanent Air Force—

(i) where the person is enlisting as an airman in an aircrew mustering—for a period of six years ;

(ii) where the person is enlisting as an airman apprentice—for a training period not exceeding four years as an airman apprentice and for a period of twelve years commencing at the expiration of that training period as an airman ; and

(iii) where the person is enlisting as an airman (other than an airman in an aircrew mustering or airman apprentice)—for a period of six years or a period of twelve years ; and

(b) in the Active Citizen Air Force—for a period of two years.

“ (2.) A person who is, immediately prior to his enlistment, an airman of the Interim Force may, if he so elects, engage to serve in the

Permanent Air Force for a period of three years in lieu of the period which would otherwise be applicable to him under paragraph (a) of the last preceding sub-regulation.

“ (3.) A person voluntarily enlisting as a member of the Air Force shall, at the time of enlistment, engage to serve in the Reserve for a period of five years commencing at the expiration of the period for which he engages to serve under this regulation.

“ (4.) For the purposes of this regulation, ‘ airman of the Interim Force ’ means a person who, after the thirtieth day of June, 1947, and before the first day of July, 1949, enlisted or re-engaged in the Air Force for a period not exceeding two years.

“ (5.) A person who, prior to the commencement of this regulation, has engaged to serve for one of the periods specified in this regulation shall be bound to serve in the Air Force in accordance with the tenor of his oath of enlistment until he is discharged, dismissed or removed from the Air Force.”.

Age for enlistment.

13. Regulation 93 is amended by omitting the words “ Any person ” and inserting in their stead the words and figures “ Subject to regulations 93b and 97, a person ”.

Re-enlistment in Permanent Air Force after service in time of war in Citizen Air Force.

14. Regulation 93a is amended by omitting from paragraph (c) of sub-regulation (2.) the words and figures “ for the purposes of regulation 112 of these Regulations ”.

15. After regulation 93a the following regulation is inserted :—

Airmen apprentices.

“ 93b.—(1.) With the consent in writing of his parent or guardian, a person who has attained the age of fifteen years but has not attained the age of eighteen years may be enlisted for service in the Air Force as an airman apprentice.

“ (2.) Subject to these Regulations, the conditions of entry and all other conditions relating to the training, advancement and service of an airman apprentice shall be determined by the Air Board.”.

Oath of enlistment.

16. Regulation 94 is amended by omitting the words “ or a Justice of the Peace ” and inserting in their stead the words “, a Justice of the Peace or a commissioner for affidavits or declarations ”.

17. Regulation 97 is repealed and the following regulation is inserted in its stead :—

Air cadets.

“ 97.—(1.) With the consent in writing of his parent or guardian, a person who has attained the age of sixteen years may be selected for training at the Air Force College as an air cadet of the Permanent Air Force.

“ (2.) A person selected for training under sub-regulation (1.) of this regulation shall engage to serve for a period of four years and, while so serving, shall have the status of an airman.

“ (3.) Subject to these Regulations, the conditions of entry and all other conditions relating to the training, advancement and service of an air cadet shall be determined by the Air Board.

“ (4.) A person who, prior to the commencement of this regulation, has engaged to serve for the period specified in this regulation shall be bound to serve in accordance with the tenor of his oath of enlistment until he is discharged, dismissed or removed from the Air Force.”.

18. Regulation 106 is repealed and the following regulation is inserted in its stead:—

Re-engagement of airmen.

“ 106.—(1.) An airman—

(a) who is medically fit for service ;

(b) whose conduct and efficiency are satisfactory; and

(c) who, within the period of three months immediately preceding the completion of the period for which he has engaged or re-engaged to serve in the Active Force, elects to re-engage to serve in the Active Force,

may, with the approval of the Air Board, be re-engaged to serve—

(d)in the case of a person who enlisted for a period of six years—for a period of six years on his first re-engagement and for a period of five years on any subsequent re-engagement ;

(e) in the case of an airman who enlisted for a period of twelve years—for a period of five years ; and

(f) in the case of an airman of the Active Citizen Air Force— for a period of one year.

“ (2.) A person who, prior to the commencement of this regulation, has re-engaged to serve for one of the periods specified in this regulation shall be bound to serve in the Air Force in accordance with the tenor of his original oath of enlistment for the period for which he has re-engaged to serve or until he is sooner discharged, dismissed or removed from the Air Force.”.

Re-engagement of airmen whose engagement has expired in time of war.

19. Regulation 106a is repealed.

20. Regulation 108 is repealed and the following regulations are inserted in its stead :—

Service of airmen in an aircrew mustering.

“ 108.—(1.) Except in time of war, an airman selected for training as an airman in an aircrew mustering in a category other than that of pilot or navigator shall undertake to serve in that mustering for a period of six years from the date of commencement of his training in that mustering.

“ (2.) On completion of that period he shall, unless he volunteers and is selected for a further period of service in an aircrew mustering, or is appointed to a commission, revert to his previous mustering and complete the unexpired portion of his initial engagement as an airman.

Re-engagement of airmen selected for aircrew training.

“ 108a. Except in time of war, an airman selected, during his initial engagement, for training as an airman in an aircrew mustering in the category of pilot or navigator shall, unless appointed to a commission, complete his initial engagement in the aircrew mustering.

Re-engagement of airmen selected for special duties abroad.

“ 108b. An airman selected for special duties abroad may be required to re-engage for a period of six years as from the date of his embarkation.”.

21. Regulation 111 is repealed and the following regulation inserted in its stead :—

Discharge prior to expiration of service.

“ 111.—(1.) An airman who has given one month’s notice in writing to his commanding officer of his intention to do so may apply for his discharge before the expiration of the period for which he has engaged or re-engaged to serve.

 

“ (2.) If the Air Board approves of the application, the airman shall be discharged.

“ (3.) An airman who has not given notice in accordance with sub-regulation (1.) of this regulation may be discharged if, in the opinion of the Air Board, special reasons exist.”.

Discharge while re-engaged.

22. Regulation 112 is repealed.

Reasons for discharge.

23. Regulation 115 is amended—

(a) by omitting paragraphs (e) and (k); and

(b) by omitting from paragraph (l)the words “, purchase money having been waived ”.

Review of discharges.

24. Regulation 115a is amended by omitting the words “ Air Member for Personnel ” (wherever occurring) and inserting in their stead the words “ Air Board ”.

Forfeiture on dismissal.

25. Regulation 116 is repealed.

Enrolment and re-enrolment.

26. Regulation 464 is amended—

(a) by omitting from sub-regulation (1.) the word “ four ” and inserting in its stead the word “ five ”; and

(b)by omitting from sub-regulation (3.) the words “ or a Justice of the Peace ” and inserting in their stead the words “, a Justice of the Peace or a commissioner for affidavits or declarations ”.

27. Regulation 519 is repealed and the following regulation is inserted in its stead :—

Proficiency prizes.

“ 519. The Minister may approve of expenditure for granting to members proficiency prizes which have been recommended by the Air Board.”.

28. Regulations 666 and 667 are repealed and the following regulations inserted in their stead :—

Service funerals.

“ 666.—(1.) A service funeral may be provided, at public expense and with air force honours, on the death of—

(a) a member of the Permanent Air Force; or

(b) a member of the Citizen Air Force—

(i) who, at the time of his death, was serving under a continuous full time engagement ;

(ii) who, at the time of his death, was undergoing continuous training; or

(iii) whose death resulted from injuries suffered, or illness contracted, on air force duty.

“ (2.) With the approval of the Air Board, a funeral may be provided, at public expense and with air force honours, on the death in Australia of—

(a) an air officer in the Citizen Air Force not being an officer in respect of whom paragraph (b)of sub-regulation (1.) of this regulation applies ;

(b) an air officer on the Retired List; or

(c) a person to whom the Victoria Cross has been awarded while serving in any of His Majesty’s Air Forces.

 

“ (3.) When a funeral is provided in pursuance of this regulation, the nearest relative of the deceased person and one other person may be paid such amount as the Air Board, in the circumstances, considers reasonable for or towards the costs incurred in respect of necessary fares for travelling from their places of residence to the place of the funeral and return.

“ (4.) The cost of inserting in a newspaper one notice of the death of the person for whom a funeral is provided in pursuance of this regulation shall be paid by the Commonwealth.

Private funerals— reimbursement of expenses.

“ 667.—(1.) On the death, in Australia, of a member specified in sub-regulation (1.) of the last preceding regulation, the next-of-kin or other relative of the deceased member may be permitted to arrange for the funeral of the deceased member and the person to whom permission is granted under this regulation shall be responsible for the necessary arrangements for, and for the expenditure, including any transport charges, incurred in connexion with, the funeral.

“ (2.) The person who incurs the expense of a funeral for a deceased member under the last preceding sub-regulation may be paid an amount which does not exceed the amount which would have been expended as the costs of a service funeral for the deceased member.

“ (3.) For the purposes of sub-regulation (2.) of this regulation ‘ costs of a service funeral ’ means the costs which would have been incurred under the last preceding regulation if a service funeral had been provided for the deceased member and shall not exceed the sum of the following amounts:—

(a)the funeral contract price of an undertaker appointed to conduct service funerals in the locality within which the service funeral for the member would have been conducted in pursuance of instructions issued from time to time by the Air Board, or, where the funeral would have been conducted in a locality within which no such arrangements exist for the conduct of service funerals, an amount of Ten pounds or such higher amount as the Air Board, having regard to the circumstances of the case, determines ;

(b)the amount which would have been payable under the provisions of sub-regulation (3.) of that regulation if the nearest relative and one other person had travelled to the place in which a service funeral would have been held ; and

(c) the amount which would have been payable for inserting one press notice under sub-regulation (4.) of that regulation if a service funeral had been conducted.”.

Interpretation.

29.