Air Force Regulations (Amendment) (Cth)

STATUTORY RULES.

1944. No. 153.

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REGULATIONS UNDER THE AIR FORCE ACT 1923-1941.*

I, THE ADMINISTRATOR of the Government of 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 eighteenth day of October, 1944.

W. DUGAN.

Administrator.

By His Excellency’s Command,

 

Minister of State for Air.

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Amendments of the Air Force Regulations.  

Ranks.

1.Regulation 50 of the Air Force Regulations is amended by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:—

“(3.) The relative seniority of officers of all branches of the Air Force shall, subject to regulations 52, 53, 55, 57, 64 and 90 of these Regulations, be determined by reference to the highest rank for the time being held, whether substantive, temporary or acting:

Provided that—

(a) substantive rank shall rank as senior to the same temporary rank, and temporary rank shall rank as senior to the same acting rank;

 

* Notified in the Commonwealth Gazette on , 1944.

  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 133; 1933, Nos. 16, 46, 58, 82, 89 and 117; 1934, Nos. 25, 51, 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 279; 1941, Nos. 68, 106, 137, 181 and 228; 1942, Nos. 29, 158, 232, 254, 346, 383, 416, 440, 441, 476 and 543; 1943, Nos. 119 and 198; and 1944, Nos. 34, 50, 64, 75 and amendment.

5508.—Price 3d. 9/6.9.1944.

 

(b) in the case of two or more officers holding the same acting rank, their relative seniority shall be determined in the same manner as it would be determined if none held acting rank;

(c) in the case of two or more officers holding the same temporary rank, their relative seniority shall be determined by reference to the respective dates from which their promotion to that temporary rank took effect, and, where this took effect upon the same date, their relative seniority shall be determined by the order in which their names appear in the Air Force List issued by the authority of the Air Board and for the time being in force; and

(d) in the case of two or more officers holding the same substantive rank, their relative seniority shall be determined by reference to the respective dates upon which their appointments or promotions to that rank took effect, and, where two or more of those appointments or promotions took effect upon the same date, by the order in which the officers’ names appear, in the case of first appointment, in the Gazette, and, in every other case, in the Air Force List issued by the authority of the Air Board and for the time being in force.”.

Seniority.

2.Regulation 56a of the Air Force Regulations is repealed.

Promotion of Flying Officers and above.

3. Regulation 65 of the Air Force Regulations is amended by inserting at the end of sub-regulation (1.) the words “, but in determining seniority for this purpose no regard shall be had to acting rank”.

Amendments of the Second Schedule.

4. The Second Schedule to the Air Force Regulations is amended—

(a) by inserting in Table (i) Modifications, after item (c), the following item:—

“(caa) 28 Insert after the word ‘court-martial’ (wherever occurring) in paragraphs (1), (2), (3), (4) and (5), the words, ‘or a court of inquiry’;”;

(b) by omitting from item (h) of that Table the word and letter “paragraph (b)” and inserting in their stead the word, figure and letter “paragraph (1b)”;

(c) by omitting from item (le) of that Table the words “while wearing the uniform of the Air Force” and also the words “and that the officer or airman was at the time of arrest wearing such a uniform as aforesaid,”; and

(d) by omitting from the first paragraph of item (o) the word ‘‘Any” and also the word “any’’ (last occurring) and inserting in their stead respectively the words “All” and “all”.

Amendments of the Third Schedule.

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

(a) by inserting in Table (i) Modifications, after item (bg), the following item:—

“(bga)	120	Omit paragraph (D) and insert in its stead the following paragraph:— ‘(D) In any case where a sentence of death or penal servitude is passed the proceedings shall be reserved for confirmation by the officer, not being below the rank of squadron leader, field officer or flag officer, commanding the force with which the person under sentence is present at the date of his sentence, according to whether that officer is an officer of the Air Force, the Military Forces or the Naval Forces: Provided that, where a sentence of death is passed— (i) the confirming authority shall transmit the proceedings forthwith, after confirmation, to the officer in chief command of the forces in the field comprising the force with which the accused is present, or, if there is no such officer, to the appropriate authority empowered under the Air Force Act and those Rules to remit or commute punishments; and (ii)if the punishment is not remitted or commuted by the last-mentioned officer or the last-mentioned authority, that officer or authority, as the case may be, shall forward the proceedings forthwith, after consideration, to the Judge-Advocate General for transmission to the Minister for submission to the Governor-General, and the sentence shall not be carried into effect until it has also been confirmed by the Governor-General in accordance with section 98 of the Defence Act.’;”; and
(b) by inserting in that Table, after item (bh), the following item:—
“(bi)	125a	Insert in sub-paragraph (G), after the word ‘under’, the words and figures Section 28 of the Air Force Act for having in relation to the court committed any of the offences mentioned in that Section or’.”.

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