Air Force Regulations (Amendment) (Cth)

Statutory Rules 1997

No. 36 1

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Air Force Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Air Force Act 1923, the Defence Act 1903 and the Naval Defence Act 1910.

Dated 5 March 1997.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

BRONWYN BISHOP

Minister for Defence Industry, Science and Personnel

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1.   Commencement

1.1   These Regulations commence on the same day as Schedule 1 of the Defence Legislation Amendment Act (No. 1) 1997.

2.   Amendment

2.1   The Air Force Regulations are amended as set out in these Regulations.

3.   Regulation 7 (Delegation of powers by Minister, Chief of the Defence Force, Chief of Air Force, Chief of Army and the Chief of Navy)

3.1   Subregulation 7 (2):

Omit “The”, substitute “Subject to subregulation (2A), the”.

3.2   After subregulation 7 (2), insert:

 “(2A) The Chief of Air Force may delegate the powers under regulations 89 and 119 to transfer members of the Air Force to other arms of the Defence Force, only to an officer of the Air Force not below the rank of Air Commodore.

“(2B) The Chief of Army may delegate the powers under regulations 89 and 119 to approve the transfer of members of the Air Force to the Army, only to an officer of the Army not below the rank of Brigadier.

“(2C) The Chief of Navy may delegate the powers under regulations 89 and 119 to approve the transfer of members of the Air Force to the Navy, only to an officer of the Navy not below the rank of Commodore.”.

3.3   Subregulations 7 (3) and (4):

Omit “Chief of the Defence Force or the Chief of the Air Staff” (wherever occurring), substitute “Chief of the Defence Force, Chief of Air Force, Chief of Army or Chief of Navy”.

4.   New Division 3 of Part 3

4.1   After Division 2 of Part 3, insert:

“Division 3—Transfer of officers to other arms of the Defence Force

Transfer of officers

 “89.(1)The Chief of Air Force may, by written instrument, transfer the appointment of an officer of the Air Force to the Australian Army or the Australian Navy if:

• (a)

  the officer consents to the transfer; and

(b) the Chief of Army or the Chief of Navy (as the case may be) approves the transfer.

 “(2) The instrument must specify:

• (a)

  the day on which the transfer takes effect; and

• (b)

  the period of service for which the officer is appointed to the Australian Army or the Australian Navy (as the case may be); and

(c) the part of that arm of the Defence Force to which the officer is appointed; and

• (d)

  the rank that the officer is to hold in that arm of the Defence Force, and the officer’s seniority in that rank.

 “(3) If the officer is required, under a determination referred to in paragraph 73 (2) (c), to complete a period of service:

• (a)

  that requirement continues to apply to the officer after the transfer takes effect; and

• (b)

  the Chief of Army or the Chief of Navy (as the case may be) may, without reference to the Governor-General, reject the officer’s resignation in the same way that the Chief of Air Force could have rejected it under  subregulation 73 (2).

 “(4) For all purposes connected with the officer’s appointment or service as an officer of the Australian Army, service rendered by the officer as a member of the Air Force before the transfer is taken to have been rendered as a member of the Australian Army.

 “(5) For all purposes connected with the officer’s appointment or service as an officer of the Australian Navy, service rendered by the officer as a member of the Air Force before the transfer is taken to have been rendered as a member of the Australian Navy.”.

5.   New regulation 119

5.1   After regulation 118A, insert:

Transfer of airmen to other arms of the Defence Force

 “119.(1)The Chief of Air Force may, by written instrument, transfer the enlistment of a person as an airman in the Air Force to the Australian Army as a soldier or the Australian Navy as a sailor if:

• (a)

  the person consents to the transfer; and

(b) the Chief of Army or the Chief of Navy (as the case may be) approves the transfer.

 “(2) The instrument must specify:

• (a)

  the day on which the transfer takes effect; and

• (b)

  the period of service for which the person is enlisted in the Australian Army as a soldier or the Australian Navy as a sailor (as the case may be); and

(c) the part of that arm of the Defence Force in which the person is enlisted; and

• (d)

  the rank that the person is to hold in that arm of the Defence Force, and the person’s seniority in that rank.

 “(3) If the person is required under a determination referred to in paragraph 111 (4) (c) to complete a period of service:

• (a)

  that requirement continues to apply to the person after the transfer takes effect; and

• (b)

  the Chief of Army or the Chief of Navy (as the case may be) may, by instrument, refuse to authorise the discharge of the person before the end of the period in the same way as the Chief of Air Force could have refused to do so.

 “(4) For all purposes connected with the person’s enlistment or service as a soldier in the Australian Army, service rendered by the person as a member of the Air Force before the transfer is taken to have been rendered as a member of the Australian Army.

 “(5) For all purposes connected with the person’s enlistment or service as a sailor in the Australian Navy, service rendered by the person as a member of the Australian Air Force before the transfer is taken to have been rendered as a member of the Australian Navy.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 12 March 1997.

2. Statutory Rules 1927 No. 161 as amended by 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; 1944 Nos. 34, 50, 64, 75, 146 and 153; 1945 Nos. 49, 79, 95, 105, 196 and 201; 1946 Nos. 40, 111, 145 and 162; 1947 No. 22; 1948 Nos. 34, 51, 67, 86 and 152; 1949 Nos. 82, 86 and 115; 1950 No. 66; 1952 Nos. 14, 34, 49 and 86; 1954 Nos. 30 and 132; 1955 Nos. 36, 41 and 92; 1956 Nos. 19 and 43; 1958 No. 62; 1959 No. 100; 1960 No. 52; 1961 Nos. 7, 14, 28, 46, 88, 95, 126, 131 and 138; 1962 No. 24; 1963 Nos. 63, 64, 76, 91, 114, 116 and 117; 1964 Nos. 9, 13, 47, 94 and 99; 1965 Nos. 9, 10, 25, 57, 58, 77, 141, 142, 153 and 166; 1966 Nos. 4, 30, 127 and 150; 1967 Nos. 11, 39, 104 and 171; 1968 Nos. 90, 98, 140 and 155; 1969 Nos. 3, 116, 117, 148 and 180; 1970 Nos. 2, 37, 117, 132 and 156; 1971 Nos. 29, 50, 78, 121, 153 and 169; 1972 Nos. 16, 28, 54, 87, 89, 91 and 144; 1973 Nos. 96, 97, 98, 100, 172, 199, 200, 246 and 256; 1974 Nos. 76, 79, 90, 160, 202 and 257; 1975 Nos. 3, 38 and 56; Act No. 96, 1975; Statutory Rules 1976 Nos. 6, 10, 60, 128, 191, 241 and 257; 1977 Nos. 5, 38, 129, 142, 203, 240, 276, 277 and 279; 1978 Nos. 23, 61, 71, 78, 89, 162, 181, 198, 225, 237 and 238; 1979 Nos. 19, 31, 49, 50, 63, 130, 133, 257, 303 and 310; 1980 Nos. 2, 35, 40, 41, 129, 146, 151, 152, 153, 176, 221, 224, 246, 250, 301, 306, 313, 351 and 361; 1981 Nos. 22, 26, 48, 68, 92, 132, 144, 185, 186, 224, 240, 273, 315, 336 and 340; 1982 Nos. 3, 6, 37, 51, 104, 109, 174, 182, 203, 221, 248, 333, 356 and 360; 1983 Nos. 12, 15, 63, 170, 196, 259, 271, 284, 300, 334, 337 and 340; 1984 Nos. 59, 73, 77, 91, 151, 187, 198, 214, 226, 239, 277, 298, 302, 327, 330, 334, 339, 374, 379, 382, 384, 385, 438, 440, 447, 450, 455 and 458; 1985 Nos. 73, 77, 91, 115, 170, 213, 216 and 219; 1986 No. 105; 1987 Nos. 9 and 20; 1988 Nos. 40, 57, 75, 76, 93, 129 and 344; 1989 No. 20, 21 and 219; 1990 Nos. 95, 101, 288 and 377; 1991 Nos. 90, 116, 132, 322 and 363; 1993 No. 192; 1995 No. 273; 1996 No. 179; 1997 Nos. 15 and 35.