Air Force Regulations (Amendment) (Cth)

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Statutory Rules 1988

No. 1291

__________

 

Air Force Regulations (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations under the Air Force Act 1923.

Dated 17 June 1988.

N. M. STEPHEN

Governor-General

 

By His Excellency’s Command,

R. KELLY

Minister of State for Defence Science and Personnel

___________

  

Commencement

1. These Regulations commence on 1 July 1988.

Interpretation

2. Regulation 4 of the Air Force Regulations is amended:

(a) by inserting in subregulation (1) after the definition of “air or other officer commanding” the following definition:

“ ‘force’, in relation to a part of the Air Force, means one of the following parts of the Air Force:

(a) the Permanent Air Force;

(b) the Air Force Emergency Force;

(c) the Air Force Active Reserve;

(d) the Air Force General Reserve;

(e) the Air Force Specialist Reserve;”; and

(b) by omitting from subregulation (1) the definition of “officer” and substituting the following definition:

_________________________________________________________________________________ (S.R. 81/88)—Cat. No. 16/25.5.1988

“ ‘officer’ means a person appointed as an officer of the Australian Air Force;”.

Period of appointment

3. Regulation 46 of the Air Force Regulations is amended by omitting subregulation (3) and substituting the following subregulations:

“(3) If the period of service in a part of the Air Force for which an officer was appointed, or for which the term of his or her appointment is, under this regulation, to be deemed to have been extended, expires during a time of war, the term of his or her appointment as an officer of that part of the Air Force shall be deemed to be extended until the end of the time of war.

“(4) If the period of service in the Permanent Air Force for which an officer was appointed, or for which the term of his or her appointment is, under this regulation, to be deemed to have been extended, expires during a time of defence emergency or a time for which the Air Force Emergency Force, or any part of that force or of the Australian Air Force Reserve, is called out for continuous full time service, the term of his or her appointment as an officer of the Permanent Air Force shall be deemed to be extended until the end of that time.

“(5) If the period of service in the Air Force Emergency Force or in the Australian Air Force Reserve for which an officer was appointed, or for which the term of his or her appointment is, under this regulation, to be deemed to have been extended, expires during a time of defence emergency or a time for which the part of the force to which he or she belongs is called out for continuous full time service, the term of his or her appointment as an officer of the part of the Air Force in which he or she is serving shall be deemed to be extended until the end of that time.”.

Transfer of officers

4. Regulation 57 of the Air Force Regulations is amended:

(a) by omitting from subregulation (1) “part of the Air Force to another or from one branch” and substituting “force in the Air Force”;

(b) by omitting from subregulation (2) “part or branch” and substituting “force”; and

(c) by omitting subregulation (3) and substituting the following subregulation:

“(3) An officer shall not be transferred under subregulation (1) unless the officer, by instrument, volunteers for that transfer upon the terms and conditions (if any) that have been determined under that subregulation.”.

5. Regulation 65a of the Air Force Regulations is repealed and the following regulation substituted:

Promotion of officers: criteria and procedures

“65a. (1) Officers shall be selected for promotion to the rank of Squadron Leader or a higher rank having regard to the criteria for promotion determined, by instrument, by the Chief of the Air Staff.

“(2) The Chief of the Air Staff may, by instrument, determine the procedures for the selection of officers for promotion.”.

Repeal

6. Regulation 69 of the Air Force Regulations is repealed.

Resignation of officers

7. Regulation 73 of the Air Force Regulations is amended:

(a) by omitting from paragraph (2) (b) “or” (last occurring); and

(b) by adding at the end of subregulation (2) the following word and paragraph:

“; or (d) in the case of an officer of the Air Force Emergency Force or the Australian Air Force Reserve—it is tendered when the part of the Force or Reserve to which the officer belongs is called out for continuous full time air-force service.”.

Retiring ages for officers

8. Regulation 88 of the Air Force Regulations is amended by omitting subregulation (3) and substituting the following subregulations:

“(3) Subregulation (1) does not require the compulsory retirement of an officer:

(a) in time of war or defence emergency; or

(b) in the case of an officer in the Air Force Emergency Force or Australian Air Force Reserve—during a time when the part of the Force or Reserve to which the officer belongs is called out for continuous full time air-force service.

“(4) Where the compulsory retirement of an officer has been postponed under subregulation (3) the officer shall be retired:

(a) in the case of an officer in the Air Force Emergency Force or Australian Air Force Reserve—at the end of 3 months after the end of the time referred to in paragraph 3 (a) or (b), whichever time last expires; or

(b) in any other case—at the end of 12 months after the end of the time referred to in paragraph 3 (a).

“(5) The Minister shall, by instrument, retire an officer who is, under subregulation (4), required to be retired.”.

Repeals

9. Regulations 98, 99 and 107 of the Air Force Regulations are repealed.

10. After regulation 108b of the Air Force Regulations the following regulation is inserted:

Transfer of airmen

“108c. The Chief of the Air Staff may, by instrument, transfer an airman from one force in the Air Force to another if the airman, by instrument, volunteers for that transfer.”.

Discharge from Air Force Emergency Force on request

11. Regulation 442c of the Air Force Regulations is amended by omitting subregulation (1) and substituting the following subregulations:

“(1) An airman serving in the Air Force Emergency Force for a fixed period may claim a discharge before the end of the period if the airman gives at least 3 months written notice to his or her commanding officer of his or her intention to claim a discharge.

“(1a) An airman may not claim a discharge under subregulation (1):

(a) in time of war or defence emergency;

(b) during a time when any part of the Air Force Emergency Force is called out for continuous air-force service; or

(c) during a period for which the airman has volunteered to render continuous full time air-force service.”.

Discharge from Air Force Active Reserve on request

12. Regulation 444a of the Air Force Regulations is amended by omitting subregulation (1) and substituting the following subregulations:

“(1) An airman serving in the Air Force Active Reserve for a fixed period may claim a discharge before the end of the period if the airman gives at least 3 months written notice to his or her commanding officer of his or her intention to claim a discharge.

“(1a) An airman may not claim a discharge under subregulation (1):

(a) in time of war or defence emergency;

(b) during a time when the part of the Reserve to which the airman belongs is called out for continuous air-force service; or

(c) during a period for which the airman has volunteered to render continuous full time air-force service.”.

Extension of engagement when Australian Air Force Reserve called out for continuous full time air-force service

13. Regulation 444b of the Air Force Regulations is amended:

(a) by omitting subregulation (1) and substituting the following subregulation:

 “(1) Where the period for which an airman of the Australian Air Force Reserve is engaged or re-engaged ends during a time when the part of the Reserve to which the airman belongs is called out for continuous full time air-force service, the period for which the airman has been engaged or re-engaged is, by force of this regulation, extended until the end of that time.”; and

(b) by inserting in subregulation (2) “Australian” before “Air”.

Discharge from Air Force General Reserve or Air Force Specialist Reserve on request

14. Regulation 474 of the Air Force Regulations is amended by omitting subregulation (1) and substituting the following subregulations:

“(1) An airman serving in the Air Force General Reserve or the Air Force Specialist Reserve for a fixed period may claim a discharge before the end of the period if the airman gives at least 3 months written notice to his or her commanding officer of his or her intention to claim a discharge.

“(1a) An airman may not claim a discharge under subregulation (1):

(a) in time of war or defence emergency;

(b) during a time when the part of the Reserve to which the airman belongs is called out for continuous air-force service; or

(c) during a period for which the airman has volunteered to render continuous full time air-force service.”.

Schedule 1

15. Schedule 1 to the Air Force Regulations is repealed and the following Schedule substituted:

SCHEDULE 1 Subregulations 94 (1) and 95 (1)

 

PART I

FORM OF OATH

I, (insert full name of person), swear that I will well and truly serve Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law, as an airman in the (insert Permanent Air Force, Air Force Emergency Force, Air Force Active Reserve, Air Force General Reserve or Air Force Specialist Reserve as the case requires),or in any other force in the Air Force in which I volunteer, and am accepted, for service, for the period of (insert number of years)years and the period of any re-engagements, that I will resist Her enemies and faithfully discharge my duty according to law.

SO HELP ME GOD!

(Insert signature of person)

Taken and subscribed before me on (insert date)

(Insert signature of the officer of the Air Force, Justice of the Peace, Commissioner for Affidavits or Commissioner for Declarations before whom the oath is taken and subscribed)

* Officer of the Air Force

(or)

* Justice of the Peace

(or)

* Commissioner for *Affidavits or

* Declarations

*(Omit whichever is not applicable)

PART II

FORM OF AFFIRMATION

I, (insert full name of person), promise that I will well and truly serve Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law, as an airman in the (insert Permanent Air Force, Air Force Emergency Force, Air Force Active Reserve, Air Force General Reserve or Air Force Specialist Reserve as the case requires), or in any other force in the Air Force in which I volunteer, and am accepted, for service, for the period of (insert number of years)years and the period of any re-engagements, that I will resist Her enemies and faithfully discharge my duty according to law.

(Insert signature of person)

Made and subscribed before me on (insert date)

(Insert signature of the officer of the Air Force, Justice of the Peace, Commissioner for Affidavits or Commissioner for Declarations before whom the affirmation is made and subscribed)

*Officer of the Air For

(or)

* Justice of the Peace

(or)

* Commissioner for * Affidavits or

* Declarations

*(Omit whichever is not applicable)

NOTES

1. Notified in the Commonwealth of Australia Gazette on 24 June 1988.

2. Statutory Rules 1927 No. 161 as amended to date. For previous amendments see Note 2 to Statutory Rules 1988 No. 40 and see also Statutory Rules 1988 Nos. 40, 57, 75, 76 and 93.

                                                         

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