Air Force Regulations (Amendment) (Cth)

STATUTORY RULES.

1945. No. 201.

 

REGULATIONS UNDER THE AIR FORCE ACT 1923-1941.*

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 1923-1941.

Dated this twentieth day of December, 1945.

HENRY

Governor-General.

By His Royal Highness’s Command,

ARTHUR S. DRAKEFORD

Minister of State for Air.

 

Amendments of the Air Force Regulations. 

Amendment of the Third Schedule.

1. The Third Schedule to the Air Force Regulations is amended by inserting in Table (i) Modifications, after item (bi), the following item:—

“(bj) 126 Omit from paragraph (b) the word ‘means’ and insert in its stead the words ‘includes the Air Member for Personnel and ’.”.

Amendment of the Fourth Schedule.

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

(a) by inserting in Table (1) Modifications, after the figures “XVI. | III. | 1287” and the words and figures in the

* Notified in the Commonwealth Gazette on 20th December, 1945.

  Statutory Rules 1927, No. 161, as amended by Statutory Rules 1928, Nos. 52 and 109; 1929, Nos. 75 and 114; 1930, Nos. 77, 94 and 135; 1931, Nos. 3, 78 and 115; 1932, Nos. 9, 63 and 113; 1933, Nos. 16, 46, 58, 82, 89 and 117; 1934, Nos. 25, 81, 74, 81, 122 and 125; 1935, Nos. 32 and 98; 1936, No. 17; 1937, No. 21; 1938, Nos. 12, 13, 22, 48, 77, 97 and 120; 1939, Nos. 21, 64 and 142; 1940, Nos. 31, 53, 75, 114, 125, 140, 220, 241 and 270; 1941, Nos. 68, 106, 137, 181 and 228; 1942, Nos. 29, 158, 232, 254, 346, 383, 416, 440, 441, 470 and 543; 1943, Nos. 119 and 198: 1944, Nos. 34, 50, 64, 75, 140 and 153; and 1945, Nos. 49, 79, 95 and 105.— Sixty-seventh amendment.

6775.—Price 3d.

 

fourth column opposite thereto, the following words and figures:—

“XVI. III. 1290 Omit the words ‘if he has confirmed the finding and sentence, he will direct the record of the conviction to be removed and the accused to be relieved from the consequences of his trial. If he’ and insert in their stead the words and figures ‘if it appears to the confirming officer or to an authority having power to mitigate, remit or commute the punishment awarded by the sentence of the court that any finding which has been confirmed is illegal or involves substantial injustice to the accused, and the case is not one in which the Air Board may substitute another finding under paragraph (d) of Rule of Procedure 54, the confirming officer or that authority, as the case may be, shall, if there is no other finding against the accused which has been confirmed, direct the record of the conviction to be removed and the accused to be relieved from the consequences of his trial, and shall, if there isanother finding against the accused which has been confirmed, set aside the first-mentioned finding and mitigate, remit or commute the punishment awarded by the sentence as seems just, having regard to the offence or offences of which the accused has been validly convicted. If the confirming officer’. Insert, after the words ‘will not be quashed’, the words ‘and a finding that has been confirmed will not be set aside’.”; and

(b)by omitting from that Table all the words and figures in the fourth column appearing opposite to the figures “XVII. | I. | 1335” and inserting in their stead the following words and figures:—

“Omit the whole paragraph and insert in its stead the following paragraph:—

‘1335. Loss, &c., of Accounts.—1. When any account, or part of an account, relating to Commonwealth funds or stores held on charge, is lost, destroyed or mutilated beyond legibility and—

(a) if the account cannot be reconstructed from the vouchers or other subsidiary documents, or

(b) if it appears that an offence under paragraph (2) of section 25 of the Air Force Act has been committed,

the commanding officer shall make a report of the circumstances to the air or other officer commanding, who shall investigate the matter (assembling a court of inquiry, if he considers it necessary) and report the result of his investigations to Air Force Head-quarters. If aloss to the Commonwealth is involved, action under paragraph 1332 will apply.

2. The accountant officer shall in all cases, whether the account can be reconstructed or not, report the loss, destruction or mutilation, as the case may be, direct to the area finance officer, who shall furnish a detailed report to the Commonwealth Chief Auditor of the State concerned and to the Secretary, Air Board.’”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.