Air Force Regulations (Amendment) (Cth)

STATUTORY RULES.

1940. No. 140.

 

REGULATIONS UNDER THE AIR FORCE ACT 1923–1939.*

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 1923–1939.

Dated this seventeenth day of July, 1940

(SGD) GOWRIE

Governor-General.

By His Excellency’s Command,

Minister of State for Air.

 

Amendments of the Air Force Regulations. 

Parts.

1. Regulation 2 of the Air Force Regulation is amended—

(a) by omitting all the words and figures from and including the words and figures “Division 1.—General—Regulations 153-170.” to and including the words and figures “Regulations 396-411.” and inserting in their stead the words and figures—

“Division 1.—General—Regulation 153.

Division 2.—Arrest and Custody (Before Sentence)—Regulation 187.

Division 5.—Special Provisions for the Summary Disposal of Charges against Members of the Citizen Air Force—Regulations 223-227.

Division 7.—Courts-Martial—General—Regulations 270-273.”;

(b)by omitting the words and figures “Division 14.—Courts of Inquiry and Boards—Regulations 427-430.”; and

(c) by omitting the words and figures “Regulations 547-552” and inserting in their stead the word and figures “Regulations 547-552a.”.

Definitions.

2.Regulation 4 of the Air Force Regulations is repealed and the following regulation inserted in its stead:—

“4.—(1.) In these Regulations, unless the contrary intention appears—

‘Active Force’ includes all parts of the Air Force other than the Reserve and the Retired List;

 

* Notified in the Commonwealth Gazette on , 1940.

  Statutory Rules 1927, No. 161, as amended by Statutory Rules 1928, Nos. 52 and 109; 1929, Nos. 70 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; and 1940, Nos. 31, 53, 75, 114 and 125—Forty-fifth amendment.

3954.—8/11.7.1940.—Price 1s. 3d.

 

‘active pay’ means pay of the rank (including progressive pay) and branch or group but not deferred pay;

‘active service’ means service in or with a force which is engaged in operations against the enemy, or in war operations in a country or place wholly or partly occupied by an enemy, or is in air-force, naval, or military occupation of any foreign country;

‘aerobatics’ means evolutions performed with an aircraft other than those required for normal flight;

‘aerodrome’ means any definite land or water area intended to be used and capable of being used, either wholly or in part, for the landing or departure of aircraft;

‘aeroplane’ means any aircraft heavier than air, with fixed wings, driven mechanically and includes—

(a) amphibians,

(b) seaplanes, and

(c) landplanes,

denoting respectively aeroplanes designed to alight on, or take off from—

(a) land or water,

(b) water, and

(c) land;

‘air cadet’ means any person enlisted in, or appointed to the Air Force as a cadet;

‘aircraft’ includes aeroplanes, balloons, kite balloons, airships, and other machines for flying;

‘aircraftman’ means any airman not being a warrant officer or non-commissioned officer;

‘aircraft material’ includes any engines, fittings, guns, gear, instruments, ammunition, bombs, or apparatus for use in connexion with aircraft, and any components or accessories of aircraft, and petrol and any other substance used for providing motive power for aircraft, and lubricating oil;

‘air-force convict’ means a person under a sentence of penal servitude passed by a court-martial;

‘air-force decoration’ means any medal, clasp, good conduct badge or decoration;

‘air-force offence’ means any offence against the Act, the Air Force Act in its application in relation to the Air Force and the members thereof, the Defence Act, or these Regulations;

‘air-force prison’ means a place appointed by the Governor-General to be an air-force prison;

‘air-force prisoner’ means a member under sentence of imprisonment passed by—

(a) a civil court for an offence for which he could have been tried by court-martial; or

(b) a court-martial;

‘airman’ does not include an officer but includes every enlisted person subject to these Regulations;

‘airman under sentence’ means an air-force convict, or an air-force prisoner, whether officer or airman, or an airman under sentence of detention;

 

‘airman under sentence of detention’ means a person under sentence or award of detention passed by or made by a court-martial, or a commanding officer for an air-force offence;

‘air officer’ means an officer of His Majesty’s Air Forces above the rank of group captain;

‘air or other officer commanding’ means the officer of air or lower rank commanding a group, or other higher command or formation which is directly administered by the Air Board, and includes an officer holding an equivalent rank and appointment in any of His Majesty’s Air Forces;

‘air service’ or ‘air-force service’ means any service required to be performed by the Act, the Air Force Act in its application in relation to the Air Force and the members thereof, the Defence Act or these Regulations by any member on land or sea or in the air.

‘airship’ means an aircraft using gas lighter than air as a means of support and having means of propulsion;

‘air signal’ means any signal intended for the guidance of aircraft whether given by flag, ground signal, light, wind indicator, or in any other manner whatsoever;

‘amphibian’ means an aeroplane fitted with landing gear to enable it to alight with safety on, or arise from either land or water;

‘balloon’ means an aircraft using gas lighter than air as a means of support, and having no means of propulsion;

‘by day’ means the period between one half-hour before sunrise and one half-hour after sunset;

‘by night’ means the period between one half-hour after sunset and one half-hour before sunrise;

‘Citizen Forces’ means the Citizen Forces constituted within the meaning of the Defence Act;

‘civil aerodrome’ means an aerodrome licensed in accordance with the provisions of the Air Navigation Regulations, or an aerodrome, other than an air-force aerodrome, under the control of the Minister;

‘civil prison’ means, within the Commonwealth, a prison in which a person substantially of European origin or descent, sentenced to imprisonment by a civil court, may for the time being be confined, and outside the Commonwealth, a civil prison appointed as such by the Governor-General;

‘commanding officer’ means any officer having air-force command, or, the officer who, according to the custom of the service is in any given circumstances the commanding officer for the particular purpose, and in cases where it is not expressly otherwise provided, the term means the commanding officer of a unit and includes the definition of commanding officer contained in Rule 129 of the Rules of Procedure in its application in relation to the Air Force and the members thereof;

‘custom of the service’ means the custom for the time being of the Air Force;

‘defaulter’ means an airman under an award of confinement to barracks or camp;

 

‘equipment’ means any article issued to a member of the Air Force for his use or entrusted to his care for air-force purposes;

‘glider’ means an aircraft with fixed wings, heavier than air, not fixed to the ground and having no means of mechanical propulsion but having means of directional control;

‘head-quarters’ means Air Force Head-Quarters;

‘His Majesty’s Forces’ (with or without an adjective indicating the nature of the forces) includes the forces of the United Kingdom, of the Commonwealth and of any of His Majesty’s dominions;

‘His Majesty’s Service’ includes the service of the United Kingdom, the Commonwealth, and of any of His Majesty’s dominions;

‘landplane’ means an aeroplane fitted with landing gear to enable it to alight on or arise from land;

‘member’ means a member of the Air Force and includes any officer or airman;

‘member of the Defence Force’ includes any officer of the Naval, Military or Air Forces and any seaman, soldier and airman;

‘member of the Naval Forces’ includes any officer or seaman of the Naval Forces;

‘member of the Military Forces’ includes any officer or soldier of the Military Forces;

‘mustering’ means the trade classification in which an airman is placed;

‘non-commissioned officer’ includes any acting non-commissioned officer of the Air Force, but does not include a warrant officer;

‘normal flight’ includes all flying manoeuvres necessary for ordinary cross-country or oversea flying, horizontal straight flight and flight at normal climbing and gliding angles; turns to port or starboard carried out when flying horizontally or at normal climbing and gliding angles, and sideslips for purposes of losing height or counteracting drift;

‘officer’ means an officer commissioned or in pay as an officer of the Air Force and includes an officer appointed or promoted to acting, temporary, provisional, or substantive rank, and a commissioned warrant officer, and any warrant or other officer holding an honorary commission;

‘penal servitude prison’ means a prison or place in the Commonwealth, the United Kingdom, or a Dominion or British Possession, in which a person substantially of European descent, there sentenced to penal servitude by a civil court may, for the time being, be confined, or if there is no such prison or place, a civil prison;

‘place of detention’ means—

(a)a place appointed by the Governor-General as a place in which sentences of detention may be undergone;

 

(b)such portions, as are approved by the Air Board, of a camp or barracks occupied by the Permanent Air Force at each air-force station or other place kept or used for air-force purposes; or

(c) any institution approved by the Air Board as a place of detention;

‘place of imprisonment’ means a civil prison or an air-force prison;

‘proper air-force authority’ means, in relation to any power, duty, act or matter, such air-force authority as in pursuance of these Regulations or the custom of the Service, exercises or performs that power or duty or is concerned with that act or matter;

‘regulations for preventing collisions at sea’ means the regulations for preventing collisions at sea under the Imperial Act known as the Merchant Shipping Act;

‘Reserve’ means the Air Force Reserve constituted under these Regulations;

‘Reservist’ means a person enrolled as a member (whether officer of airman) of the Reserve;

‘seaplane’ means an aeroplane provided with means for normally alighting on, or arising from, water;

‘semi-official institution’ includes any canteen, mess, benevolent fund, recreation club or other similar service organization or fund established under these Regulations or with the approval of the Air Board;

‘station’ means any station of the Air Force;

‘subordinate commander’ means—

(a)an officer commanding a unit who is subordinate to the commanding officer of the station for disciplinary purposes; or

(b)an officer placed in command of a flight, section or other subdivision of a unit for disciplinary purposes,

and includes any officer who by appointment or the custom of the service discharges, in their absence, the functions of either of the officers mentioned in the preceding paragraphs of this definition;

‘superior officer’, when the term is used in relation to an airman, includes a warrant officer and also a non-commissioned officer;

‘Territory’ means a Territory under, the authority of the Commonwealth and includes a Territory governed by the Commonwealth under a mandate;

‘the Act’ means the Air Force Act 1923-1939;

‘the Air Board’ means the Board constituted under these Regulations for the administration of the Air Force;

‘the Air Force Act’ means the Imperial Act called the Air Force Act;

‘the Air Navigation Regulations’ means the regulations made under the Air Navigation Act 1920–1936 and being Statutory Rules 1937 No.81 as amended from time to time, or any regulations in substitution for them;

 

‘ the Contract Board’ means the Contract Board constituted under the Supply and Development (Administration) Regulations;

‘the Defence Act’ means the Defence Act 1903-1939;

‘the Military Forces’ means the Military Forces of the Commonwealth;

‘the Naval Defence Act’ means the Naval Defence Act 1910-1934;

‘the Naval Forces’ means the Naval Forces of the Commonwealth;

‘the Rules of Procedure’ means the Rules of Procedure made under section 70 of the Air Force Act, being Rules of Procedure (Air Force) 1933, as amended from time to time, or any rules in substitution for them;

‘time of war’ means any time during which a state of war actually exists and includes the time between the issue of a proclamation of the existence of war or of danger thereof and the issue of a proclamation declaring that the war or danger thereof declared in that prior proclamation no longer exists;

‘ unit’includes an area head-quarters; a command head-quarters; a group head-quarters; awing head-quarters; a station head-quarters; a squadron which acts independently of awing for all purposes or is not at the same station as its wing; a park; a depot; a school; an experimental section; a flight or other detached section which acts independently for all purposes;

‘war’ means any invasion or apprehended invasion, or attack or apprehended attack on the Commonwealth or any Territory by an enemy or armed force, and includes actual war in which the Air Force takes part;

‘war service’ means active service or any air-force service in time of war;

‘warrant officer’ means a warrant officer of the Air Force, and includes any acting, temporary or provisional warrant officer, but does not include a commissioned warrant officer or a warrant officer holding an honorary commission.

(2.) Except where a contrary intention is expressed, or the context otherwise requires, any reference in these Regulations to a Form by number shall be read as a reference to the Form so numbered in the First Schedule to these Regulations.”.

Repeal of regulations 5 and 10.

3. Regulations 5 and 10 of the Air Force Regulations are repealed.

4. Regulation 12 of the Air Force Regulations is repealed and the following regulation inserted in its stead:—

Modifications, &c., of the Air Force Act.

“12. For the purpose of the application of the Air Force Act in relation to the Air Force and the members thereof, that Act shall be read subject to the modifications, adaptations and exceptions specified in the Second Schedule to these Regulations.

 

5. Regulation 13 of the Air Force Regulations is repealed and the following regulations inserted in its stead:—

Application of Rules of Procedure.

“13.—(1.) The Rules of Procedure made in pursuance of section 70 of the Air Force Act shall, subject to the modifications and adaptations specified in the Third Schedule to these Regulations, apply in relation to the Air Force and the members thereof in like manner as they apply to the Royal Air Force.

(2.) Rule 36 of the Rules of Procedure in their application in relation to the Air Force and the members thereof shall be read with and subject to section 103 of the Defence Act.

(3.) Rule 88 of the Rules of Procedure in their application in relation to the Air Force and the members thereof shall be read with and subject to section 96 of the Defence Act.

Modification of provisions of Air Force Act, and Rules relating to evidence.

“13a. Notwithstanding anything in the Air Force Act or the Rules of Procedure in their application in relation to the Air Force and the members thereof, the Evidence Act 1905–1934, section 6 of the Rules Publication Act 1903-1939 and section 31 of the Acts Interpretation 1901-1937 shall apply in relation to courts-martial for the trial of members, wherever such trial takes place.”.

Application of King’s Regulations and Air Council Instructions.

“13b.—(1.) Such of the regulations made in pursuance of section 2 of the Air Force (Constitution) Act, 1917, of the United Kingdom, called the King’s Regulations and Air Council Instructions for the Royal Air Force, in force on the date on which this regulation came into operation, as are specified in the following table shall, subject to the modifications and adaptations specified in the Fourth Schedule to these Regulations, apply in relation to the Air Force and the members thereof in like manner as they apply to the Royal Air Force:—

King’s Regulations and Air Council Instructions for the Royal Air Force.	Sections I. to V. (both inclusive) of Chapter XV.; Chapter XVI.;
	Chapter XVII.;
	Paragraph 2820 of Chapter XXXV.; and
	Paragraphs 3464, 3465 and 3467 to 3476 (both inclusive) of Chapter XXXIX.

(2.) Where in any provision of the King’s Regulations and Air Council Instructions applied in relation to the Air Force and the members thereof the use of any form is prescribed, a form authorized by the Air Board corresponding, mutatis mutandis, with the first-mentioned form may be used for the purpose indicated in the said provision, or, in the absence of a form authorized by the Air Board, the first-mentioned form may be used with such modifications and adaptations as are necessary to meet the circumstances.”.

Repeal of regulations 18, 38, 40, 41 and 42.

6. Regulations 18, 38, 40, 41 and 42 of the Air Force Regulations are repealed.

 

7. Divisions 1 to 12 (both inclusive) of Part VI. of the Air Force Regulations are repealed and the following Divisions inserted in their stead:—

Division 1.—General.

Redress of grievances.

“153.—(1.) If an officer thinks himself wronged, he may complain in succession to—

(a) his commanding officer, if any;

(b)the air or other officer, if any, commanding the command in which the officer is serving;

(c) if outside Australia, or on war service in Australia, the officer, if any, in chief command of the force to which he belongs; and.

(d) the Air Board.

(2.) If an airman considers himself wronged, he may complain in succession to—

(a) his flight commander, if any;

(b)his squadron commander, if any;

(c) his commanding officer, if any;

(d)the air or other officer, if any, commanding the command in which the airman is serving;

(e) if outside Australia, or on war service in Australia, the officer, if any, in chief command of the force to which he belongs; and (f) the Air Board.

(3.) Each authority mentioned in the last two preceding sub-regulations to whom a complaint is made shall, so far as is practicable, and so far as not already done, cause the complaint to be investigated, and, if it appears to the authority that the officer or airman has suffered a wrong, shall cause the wrong to be fully redressed, if full redress is within the power of the authority, or if investigation or full redress is not within the power of the authority, shall refer the complaint to the next superior authority in order that it may be investigated and redressed as fully as possible.

(4.) If an officer is dissatisfied with the decision of the Air Board he may require that his complaint be referred to the Governor-General in Council.

(5.) In addition to the authorities specified in sub-regulations (1.) and (2.) of this regulation, a member may also make a complaint to an inspecting officer.

(6.) Any authority to whom a complaint is made or referred under this regulation shall not attempt to prevent or dissuade any officer or airman from carrying his complaint to superior authority in accordance with this regulation.

(7.) A member shall not make an anonymous complaint or use any method of obtaining redress of a grievance other than by making a complaint in accordance with this regulation.’’.

“Division 2.—Arrest and Custody (Before Sentence).

Application of provisions of Defence Act.

“187. Notwithstanding any provision of these Regulations, or of the Air Force Act, of the Rules of Procedure or of the King’s Regulations and Air Council Instructions for the Royal Air Force in their

 

application in relation to the Air Force and the members thereof, the provisions of sections 113, 114 and 115 of the Defence Act shall continue to apply in the circumstances referred to in those sections.

“Division 5.—Special Provisions for the Summary Disposal of Charges against Members of the Citizen Air Force.

Restriction to Citizen Air Force when not on War Service.

“223. The application of the provisions of this Division of this Part shall extend only to members of the Citizen Air Force when not on war service.

Investigation of Charges in Citizen Air Force when not on War Service or undergoing continuous training.

“224.—(1.) An accused member who is not undergoing continuous training may be informed by writing signed by his commanding officer and delivered to him, or sent to him by post prepaid, or left at his last known place of abode, of the charge against him and of the time and place appointed for the investigation of the charge; and if the accused does not attend at the time and place appointed, the investigation may take place, and all powers in relation to the charge may be exercised in his absence, and the evidence may be reduced to writing without any preceding hearing.

(2.) When such a case is adjourned, the adjourned hearing and any remand, reference, or re-hearing may take place in the absence of the accused, and the procedure prescribed by rules 4 and 5 of the Rules of Procedure shall be modified accordingly.

(3.) When under this regulation a charge is investigated in the absence of the accused, and is dealt with summarily, the evidence shall be taken down in writing, and, with the award, shall be submitted to the Air Member for Personnel or the air or other officer commanding an area or group, who may disallow the award, or confirm it with or without mitigation or remission of punishment, or commutation for any less punishment which might have been awarded, and the award shall not take effect until so confirmed.

(4.) An airman dealt with summarily in his absence under this regulation shall be deemed to have elected to be dealt with summarily and the provisions of sub-section (8.) of section 46 of the Air Force Act in its application in relation to the Air Force and the members thereof shall not apply in any such case.

(5.) Notwithstanding anything contained in this regulation, a charge against an accused may at any time be investigated, and all powers in relation thereto exercised at any time in his presence without previous notice; but an accused shall not be discharged or reduced without having been notified in writing, of the charge against him.

(6.) When the investigation of a charge is commenced in the presence of an accused, and is adjourned, and the accused is informed, by writing, in the manner prescribed in sub-regulation (1.) of this regulation, or orally, of the time and place to which the adjournment is made, and he does not attend at the time and place appointed, the investigation may be completed, and all powers in relation to the charge may be exercised in his absence; and the evidence may be reduced to writing without any preceding hearing, and sub-regulations (2.) and (4.) of this regulation shall apply.

 

Punishments when not on war service.

“225.—(1.) A commanding officer may, in respect of any offence against the Defence Act or any offence prescribed in regulation 226 of these Regulations, award one or more of the punishments specified in the succeeding provisions of this regulation in accordance with the provisions relating to that punishment.

(2.) The commanding officer may award non-commissioned officers and aircraftmen who elect to be dealt with summarily the following punishments:—

(a)dismissal, except for airmen serving under Part XIIof the Defence Act; or

(b)a fine of not less than Ten shillings and not more than Five pounds.

(3.) The commanding officer may sentence non-commissioned officers only who elect to be dealt with summarily to reduction in rank or to the ranks.

(4.) The commanding officer may impose the minor punishment of a fine not exceeding Ten shillings on non-commissioned officers below the rank of sergeant and aircraftmen, in respect of which the offender shall have no right of election to be tried by court-martial, notwithstanding the provisions of sub-section (8.) of section 46 of the Air Force Act in its application in relation to the Air Force and the members thereof.

(5.) When a non-commissioned officer is summarily reduced by a commanding officer the case shall not be confirmed by the authority mentioned in regulation 224 but shall be referred by him, with the evidence, to the Air Board, for confirmation, whether the trial has taken place in the absence of the accused or not.

Offences.

“226. The following offences may be punished in accordance with these Regulations—

(a)Appearing on parade incorrectly dressed, or with clothing, arms or equipment dirty, incomplete, or improperly put on.

(b) Talking on parade.

(c) Inattention and other minor irregularities of conduct.

(d) Neglect of duty.

(e) Neglecting to notify change of address within fourteen days of such change.

(f) Leaving the ranks without permission.

(g) Insubordination.

(h)Disobedience of lawful commands.

(i)Disobedience of Air Force Orders.

(j)Drunkenness on parade or duty or in camp, or elsewhere in uniform.

Saving of powers under Air Force Act, &c.,

“227. The powers prescribed in regulations 224 and 225 of these Regulations are in addition to and not in derogation of any powers conferred by the Air Force Act in its application in relation to the Air Force and the members thereof, the Defence Act or elsewhere in these Regulations.

 

“Division 7.—Courts-Martial—General.

Eligibility of officers of His Majesty’s naval, military and air forces to be members of courts-martial.

“270. Subject to any Act of the Imperial Parliament or of the Parliament of the Commonwealth or of another Dominion relating to the attachment of, or service with, the Air Force of any member, body or detachment of any other of His Majesty’s Forces—

(a) the provisions of sub-section (10.) of section forty-eight of the Air Force Act, in its application in relation to the Air Force, shall extend to the officers of any of His Majesty’s naval or military forces; and

(b)subject to the provisions of that section, officers of any of His Majesty’s air forces shall be eligible for appointment for the purpose of constituting an Air Force court-martial.

Eligibility of transferred officers as members of courts-martial.

“271. Where an officer is transferred from the Naval or Military Forces of the Commonwealth, his period of service as an officer in such Naval or Military Forces shall be counted as part of his period of service in the Air Force for the purpose of qualifying him for membership of a court-martial.

Eligibility of officers directly appointed to commissions in time of war as members of courts-martial.

“272. Where any person is appointed to commissioned rank in the Air Force, in time of war, and such person has held commissioned rank in any of His Majesty’s Forces, his period of such commissioned service shall be counted as part of his period of service in the Air Force for the purpose of qualifying him for membership of a court-martial.

Powers where Judge Advocate-General appointed.

“273. Where no Judge-Advocate-General has been appointed, the powers, duties and functions prescribed in these Regulations, or the Air Force Act, the Rules of Procedure or the King’s Regulations and Air Council Instructions for the Royal Air Force in their application in relation to the Air Force and the members thereof, to be exercised or performed by him, may be exercised or performed by the senior legal staff officer or by the legal staff officer for the time being, performing his duties.”.

Repeal of Division 14 of Tart VI.

8. Division 14 of Part VI. of the Air Force Regulations is repealed.

9. After regulation 552 of the Air Force Regulations the following regulation is inserted:—

Cessation of pay.

“552a.—(1.) An officer who is cashiered, or dismissed or removed from the service, or whose commission is cancelled, shall receive pay up to and including the date preceding that given to the notification in the Gazette. For an officer cashiered or dismissed the service by sentence of court-martial, the date in the Gazette shall be that of promulgation of the sentence; for an officer removed from the Service in consequence of a sentence of imprisonment by the civil power, the date in the Gazette shall be that of conviction.

(2.) An officer who is seconded for service with another government department, or any other government, or for civil employment elsewhere, shall cease to be entitled to full pay from air-force funds (unless with the special sanction of the Air Board in any exceptional circumstances) as from the date of secondment as notified in the Gazette.

 

(3.) An officer who is seconded to the Naval or Military Forces shall cease to be entitled to full pay from air-force funds from the effective date of his secondment as notified in the Gazette.

(4.) An officer who is seconded from the Naval or Military Forces to the Air Force shall cease to be entitled to pay from air-force funds from the date on which his temporary commission in the Air Force is terminated as notified in the Gazette or he ceases to be employed on the active list of the Air Force.

(5.) An officer of the Citizen Air Force called up for war service or otherwise required to perform special duty shall not be entitled to pay beyond the date on which he ceases to perform that war service or duty:

Provided that—

(a)in the case of an officer who has been granted full pay leave beyond that date, pay may be allowed for the period of leave, but shall terminate on the issue of orders to the effect that the officer’s services are no longer required;

(b)in the case of an officer who has been granted sick leave extending beyond that date, the continuance of sick leave with pay to him after the beginning of general demobilization shall be subject to such rules relating thereto as are in force at the time; and

(c) in the case of an officer who is a prisoner of war or is missing, the date to which pay may be credited to his account shall be determined by the Air Board, having regard to the circumstances of the case.

(6.) If an officer on full pay dies, his pay shall cease as from the day following the date of his death. The officer’s commanding officer shall take the necessary action to ensure that the Unit paymaster is notified without delay. The officer’s agents shall be informed by the Air Board on receipt of notification of death. But whether such notification or information is made or not, the agents, or Unit paymaster, shall not be relieved of responsibility in respect of any over-issue if the circumstances are such that they might have become acquainted with them by due inquiry.

(7.) The pay of an officer shall cease from the date on which he absents himself without leave, and any charge for pay during his absence shall not subsequently be admitted without the consent of the Air Board. The absentee’s commanding officer shall notify any such absence to the Unit paymaster. In the absence of information that the officer has been received into custody or has returned to his unit the issue of pay to the officer for the month in which he absented himself shall be withheld and the Air Board so notified.”.

First Schedule.

10. The Schedule to the Air Force Regulations is amended by omitting the heading “THE SCHEDULE” and inserting in its stead the following heading and sub-heading:—

“THE SCHEDULES.

———

THE FIRST SCHEDULE”.

 

Second, Third and Fourth Schedules.

11. The Air Force Regulations are amended by adding at the end thereof the following schedules:—

Regulation 12.

“THE SECOND SCHEDULE.

______

Modifications and Adaptations of and Exceptions to the Air Force act, in its Application in Relation to the Air Force and the Members thereof.

(i) Modifications.

No.	Section of Act.	Extent of Modification.
(a)	4	Add at the end thereof the following proviso:— ‘Provided that a member of the Royal Australian Air Force shall not be sentenced to death under this section except for an offence against— (i) paragraph (1) of this section which amounts to traitorously delivering up to the enemy a garrison, fortress, post or guard; or (ii) paragraph (3) of this section which amounts to traitorous correspondence with the enemy.’;
(b)	6	Omit the word ‘death’ and insert in its stead the words ‘penal servitude’;
(c)	7	Add at the end thereof the following proviso:— ‘Provided that a member of the Royal Australian Air Force shall not be sentenced to death except for an offence which amounts to mutiny.’;
(d)	33	Insert, after the word ‘justice’, the word ‘or officer’;
(e)	41	Omit the word ‘death’ (wherever occurring) and insert in its stead the words ‘penal servitude’;
(f)	44	Insert, after paragraph (e), the following paragraph:— ‘(ea)Reduction of rank in the Royal Australian Air-Force.’;
(g)	44	Insert after paragraph (l) the following paragraph:— ‘(la)Discharge from the Defence Force of the Commonwealth.’;
(h)	44	Insert in paragraph (b)of the proviso, after the word ‘imprisonment’, the words ‘, except in the case of a sentence of imprisonment imposed under the provisions of section 106 of the Defence Act,’;
(i)	44	Omit from paragraph (11) of the proviso all the words from and including the word ‘provided’ (first occurring) to the end of the paragraph and insert in their stead the words ‘provided by the Air Force Regulations, or, in the case of air-force decorations or rewards, by Royal warrant or otherwise by competent authority’;
(j)	44	Add at the end thereof the following paragraph:— ‘(14) Notwithstanding anything contained in the Air Force Act in its application in relation to the Air Force and the members thereof, sections 97, 98 and 106 of the Defence Act shall continue to apply in relation to that Force and those members’;
(k)	57	Omit the word ‘death’ (wherever occurring) and insert in its stead the words ‘penal servitude’;
(l)	57	Omit the words ‘penal servitude’ (wherever occurring) and insert in their stead the word ‘imprisonment’;
(m)	171	Add at the end thereof the words ‘or according to the Air Force Regulations’;
(n)	175	Omit from paragraph (1) all the words from and including ‘on the active list’ to the end of the paragraph; Omit from paragraph (1a) the word ‘Any’ and insert in its stead the words ‘Subject to any law to the contrary, having effect by virtue of an enactment of the Imperial Parliament or of the Parliament of the Commonwealth or of another Dominion, any’; Omit paragraphs (2) to (13) (both inclusive) and insert in their stead the following paragraphs:— ‘(2) Officers of the Citizen Air Force, when in uniform, or when called out for any air-force service or required to perform any air-force service or training:

 

The Second Schedule—continued.

No.	Section of Act.	Extent of Modification.
‘(3) Any person who, not being a member of any of His Majesty’s Forces, is attached to or accompanies the Air Force or any part thereof when it or such part is on active service, if he accompanies the Air Force by order of the Air Board in any official capacity equivalent to that of an officer, or if the officer commanding that part of the Air Force to which he is attached issues to him a, pass entitling him to be treated on the footing of an officer.’;
(o)	176	Omit from paragraph (1a) the word ‘Any’ and insert in its stead the words ‘Subject to any law to the contrary, having effect by virtue of an enactment of the Imperial Parliament or of the Parliament of the Commonwealth or of another Dominion, any’; Omit paragraphs (2) to (12) (both inclusive) and insert in their stead the following paragraphs:— ‘(2) Airmen of the Citizen Air Force, when in uniform, or when called out for any air-force service or required to perform any air-force service or training: ‘(3) Any person who, not being a member of any of His Majesty’s Forces or a person within the description of the persons specified in paragraph (3) of the last preceding section, is attached to or accompanies the Air Force or any part thereof when it or such part is on active service.’;
(p)	179	Omit the section and insert in its stead the following section:— ‘179. Any airman to whom section seven of the Air Force Act 1923-1939 applies shall, if he is an airman of the Permanent Air Force or of the Citizen Air Force when called out for war service, continue to be subject to the provisions of section one hundred and forty-live of the Air Force Act.’;
(q)	186	Omit all the words from and including the words ‘and the auxiliary air force’ to the end of the section;
(r)	190	The provisions of this section shall be read with and subject to the provisions of the Air Force Regulations.

(ii) Adaptations.

(a) In sections 45to 48 (both inclusive), 54, 136 to 140 (both inclusive) and 182 of the Air Force Act any reference to the Act or this Act shall be read as a reference to the Air Force Act in its application in relation to the Air Force and the members thereof and shall be deemed to include a reference to the Defence Act in its continued application in relation to the Air Force;

(b) In section 163—

(i) any reference to the regular air force shall be read as including a reference to the Air Force; and

(ii) references to the Secretary of State, the Air Council, the Admiralty and the Army Council shall be read as including references to the Minister, the Air Board, the Naval Board and the Military Board, respectively;

(c) In sections 179a and 184a—

(i) references to any naval or military forces or to the members thereof shall be read as references to the naval or military forces of the Commonwealth, or the members thereof, as the case may be;

(ii) references to the Admiralty and the Army Council shall be read as references to the Naval Board and the Military Board, respectively; and

(iii) references to the Naval Discipline Act and the Army Act shall be read as including references to the Naval Defence Act and the Defence Act, respectively;

 

The Second Schedule—continued.

(d)Unless otherwise provided by these Regulations, or indicated by the context—

(i) references to His Majesty shall be read as references to the Governor-General;

(ii) references to any Secretary of State shall be read as references to the Minister;

(iii) references to the Air Council shall be read as references to the Air Board;

(iv) references to the Air Force shall be read as references to the Royal Australian Air Force;

(v) references to the regular air force shall be read as references to the Permanent Air Force and to the Citizen Air Force when called out for war service;

(vi) references to the United Kingdom shall be read as references to Australia;

(vii) references to the King’s Regulations for the Air Force shall be read as references to the Air Force Regulations, including the first-mentioned regulations in and to the extent of their application in relation to the Air Force and the members thereof;

(viii) references to ordinary pay shall be read as references to active pay;

(ix) references to the Royal Warrant shall be road as references to the Air Force Regulations.

(iii) Exceptions.

(a)Omit any provision (except the provisions of section 103) relating to India, Burma or a colony;

(b) Omit all provisions relating to Scotland, Northern Ireland, the Isle of Man and the Channel Islands; and

(c) Omit Parts II. and III. and the following sections and provisions:—

Sections 42, 43, 68a, 69 and 70, the proviso to sub-section (2) and sub-sections (3) and (4) of section 132, sections 127, 142, 143 and 147, paragraph (3) of section 155, sub-section (7) of section 156, sections 156a, 166, 178, sub-section (3) of section 179a sections 179b, 181, 187a and 189 and the First, Second and Sixth Schedules.”

_____________

Regulation 13.

“THE THIRD SCHEDULE.

___

Modifications and Adaptations of the Rules of Procedure in their application in relation to the air force and the members thereof.

(i) Modifications.

No.	Rule No.	Extent of Modification.
(a)	10	Omit the words ‘the United Kingdom’ and insert in their stead the word ‘Australia’;
(b)	17	Omit the words ‘the British Islands’ (wherever occurring) and insert in their stead the word ‘Australia’;
(c)	130	Omit the words ‘the United Kingdom’ (first, fourth and fifth occurring) and insert in their stead the word ‘Australia’;
(d)	130	Omit the proviso to sub-rule (a) and insert in its stead the following proviso:— ‘Provided that this rule shall not authorize any removal from a prison in Australia to a prison elsewhere or from a prison in the United Kingdom to a prison elsewhere other than to a prison in Australia.’;
(e)	130	Add at the end of sub-rule (b)the words ‘, or from a detention barrack or branch detention barrack in the United Kingdom to a detention barrack or branch detention barrack elsewhere other than to a detention barrack or branch detention barrack in Australia’.

 

The Third Schedule—continued.

(ii) Adaptations.

Unless otherwise provided by these Regulations or indicated by the context:—

(i) references to His Majesty shall be read as references to the Governor-General;

(ii) references to the ‘Secretary of State shall be read as references to the Minister;

(iii) references to the Air Council shall be read as references to the Air Board;

(iv) any reference to the Air Force Act shall be read as a reference to that Act in its application in relation to the Air Force and the members thereof, and shall be deemed to include a reference to the Defence Act in its continued application in relation to the Air Force;

(v) references to the King’s Regulations and Air Council Instructions shall be read as references to the Air Force Regulations including the first-mentioned regulations in and to the extent of their application in relation to the Air Force; and

(vi) references to the Air Force shall be read as references to the Royal Australian Air Force.

 

Regulation 13b.

“THE FOURTH SCHEDULE.

——

Modifications and Adaptations of the provisions of the King’s Regulations and Air Council Instructions specified in regulation 13a of the Air Force Regulations in their application in relation to the Air Force and the members thereof.

(i) Modifications.

Kind’s Regulations and Air Council Instructions.			Extent of Modification.
Chapter No.	Section No.	Paragraph No.
XV.	I.	1070	Omit from clause 1 the words ‘the Air Force Act, the King’s Regulations and Air Council Instructions for the Royal Air Force’ and insert in their stead the words ‘the Act, the Air Force Regulations, Air Force Orders’; Omit from clause 2 the words ‘the King’s Regulations and AirCouncil Instructions for the R.A.F.’ and insert in their stead the words ‘the Act, the Air Force Regulations and Air Force Orders’. After the word ‘the’ (first occurring) in clause 2a. insert the words ‘Act, the Air Force Regulations, every Air Force Order and’. Omit the words ‘the copy is’ (wherever occurring) in that clause and in their stead insert the words ‘such copies are’,
XV.	I.	1071	Omit from clause 1 the words and figures ‘Official Secrets-Acts, 1911 and 1920*,’and insert in their stead the words ‘Part VII. of the Crimes Act 1914–1937;. Omit the footnote to that clause. Omit clause 2.
XV.	I.	1072	Omit clause 10.
XV.	I.	1075	Omit the words and figures ‘, and in paragraph 111’.
XV.	I.	1077	Omit the words ‘, Notwithstanding the provisions of paragraph 111, clause 3, an officer referred to therein’ and insert in their stead the word ‘, and’.
XV.	I.	1079	Omit the whole paragraph.
XV.	1.	1081	Omit the whole paragraph.
XV.	I.	1082	After the word ‘to’ (second occurring) insert the words ‘any provision of the Air Force Regulations.’

The Fourth Schedule—continued.

King’s Regulations and Air Council Instructions.			Extent of Modification.
Chapter No.	Section No.	Paragraph No.
XV.	I.	1085	Omit from clause 6 the words ‘laid down in paragraph 1081’ and insert in their stead the words ‘prescribed in regulation 153 of the Air Force Regulations’.
XV.	I.	1087	Omit from clause 3 the letters ‘A.M.O’S.’ and insert in their stead the words ‘Air Board Orders’. Omit from that clause the word ‘group’ and insert in its stead the word ‘formation’.
XV.	I.	1091	Omit from clause 1 the words ‘an officer, airman or other person in the employment of the Air Ministry will be permitted only as provided in air force regulations’ and insert in their stead the words ‘a member will be permitted only as provided in Air Force Orders’. Omit from clause 2 the words ‘An officer, airman or employee’ and insert in their stead the words ‘A member’. Omit from clause 3 the words ‘officers or airmen of the R.A.F. Reserve or the Auxiliary Air Force’ and insert in their stead the words ‘members of the Citizen Air Force’.
XV.	I.	1092	Omit the words ‘or member of the Princess Mary’s R.A.F. Nursing Service’ (wherever occurring). Omit from clause 2 the words ‘United Kingdom, Northern Ireland, Eire, or Malta’ and insert in their stead the words ‘Commonwealth or any State’. After the word ‘reserve,’ (first occurring) in clause 3 insert the word ‘and’. Omit from that clause the words ‘and members of the Princess Mary’s R.A.F. Nursing Service desiring to retire or resign’. Omit clause 4 and insert in its stead the following clauses:— ‘4. The prohibitions contained in clauses 1, 2 and 2a of this paragraph shall apply to officers (except marshals of the Royal Australian Air Force while unemployed) and airmen of the Permanent Air Force, notwithstanding that they are on half-pay or seconded or lent or granted leave without pay. These prohibitions also apply to retired officers when recalled to service or re-employed with the Permanent Air Force. 5. A member shall not institute in any air-force premises, or when in uniform attend, nor shall a band of the Air Force be permitted to play at any meeting, demonstration, or procession held for a religious or political purpose, except a religious or funeral service, or a religious charity gathering attendance at which is authorized by proper air-force authority. 6. A member of the Citizen Air Force shall not use his air-force rank when taking part in any activity of a political nature or in connexion with any municipal or other local government council or corporation: Provided that this sub-regulation shall not apply (in connexion with his membership or candidature) to any member of or duly nominated candidate for the Parliament of the Commonwealth or of a State, or any municipal or other local government council or corporation.’.

 

The Fourth Schedule—continued.

King’s Regulations and Air Council Instructions.			Extent of Modification.
Chapter No.	Section No.	Paragraph No.
XV.	I.	1093	Omit clause 2.
XV.	I.	1095	Omit all the words from and including the word ‘Corporals’ to the end of the paragraph.
XV.	I.	1096	Omit the words ‘An officer on full pay, or an airman,’ (wherever occurring) and insert in their stead the words ‘A member of the Permanent Air Force on full pay’. Omit from clause 1 the words ‘An officer or airman’ and insert in their stead the words ‘such a member’. Omit from clause 2 all the words from and including the word ‘except’ up to and including the figures ‘800’ and insert in their stead the words ‘except in so far as the Air Board, by order, otherwise determines’. Omit clause 5 and insert in its stead the following clause:— ‘5. The restrictions in this paragraph shall apply to all members of the Citizen Air Force called up for war service: Provided that the Air Board may, in special circumstances, waive such restrictions, or any of them, with respect to any such member.’.
XV.	I.	1097	Omit the whole paragraph.
XV.	I.	1098	Omit the whole paragraph.
XV.	I.	1100	Omit the heading to clause 3 of this paragraph. Omit from that clause the words ‘offences against the ordinary criminal code of the country’ and insert in their stead the words ‘criminal offences’. Omit from clause 4 the words ‘Treasury Solicitor’ (wherever occurring) and insert in their stead the words ‘Crown Solicitor’. Omit from clause 6 the words ‘either in the name of, or on behalf of, the Air Council,’. Omit clause 9 and the heading thereto. Omit clauses 13, 14, 15 and 16 and insert in their stead the following clauses:— ‘13. When any portion of the Air Force is stationed in the United Kingdom the procedure laid down in relation to the Royal Air Force shall, in so far as it is not otherwise provided by the Air Force Regulations or any other provision of the law of the Commonwealth, be followed as nearly as possible in relation to the Air Force: Provided that the sanction of the Air Board which shall be obtained through Air Liaison, shall be obtained. ‘14. In this paragraph— “criminal offence” means any offence, not being an air-force offence within the meaning of the Defence Act, which is punishable either on indictment or on Summary conviction; “the Crown Solicitor” means the Crown Solicitor for the Commonwealth.’.
XV.	I.	1101	Omit from clause 1 the figures and word ‘4 to 44’ and insert in their stead the figures and words ‘4 to 41 and 44 of the’. Omit from that clause the words ‘, apprentices and boy entrants’.

 

The Fourth Schedule—continued.

King’s Regulations and Air Council Instructions.			Extent of Modification.
Chapter No.	Section No.	Paragraph No.
Omit from that clause the words ‘men’s reading room’ and insert in their stead the words ‘airmen’s recreation room’ Omit clause 2 and insert in its stead the following clause:— ‘2. Commanding officers shall also take action to ensure that the following notice is read out to the personnel under their command once in every three months:— Any person who knowingly attempts— (a)to seduce any person serving in the King’s Forces from his duty and allegiance; or (b) to incite any person serving in the King’s Forces to commit an act of mutiny, or any traitorous or mutinous act; or (c) to incite any person serving in the King’s Forces to make or endeavour to make a mutinous assembly, shall be guilty of an indictable offence. Penalty: Imprisonment for life.’.
XV.	II.	1111	Omit from clause 5 the words ‘, apprentice or boy entrant’ (wherever occurring) and the words ‘, apprentices or boy entrants’. Omit from clause 6 the words ‘Form Q (see Manual of Air Force Law)’ and insert in their stead the word and figures ‘Form 32’. Omit from clause 7 the words ‘Form R. (see Manual of Air Force Law.)’ and insert in their stead the word and figures ‘Form 32.’. Omit clause 12,
XV.	II.	1115	Omit the words ‘, apprentice or boy entrant’ (wherever occurring).
XV.	II.	1120	Omit clause 3.
XV.	III.	1126	Omit from clause 5 the words and figures ‘(see para. 112)’.
XV.	III.	1127	Omit from clause 2 the words ‘, aircraftman or boy,’ and insert in their stead ‘or aircraftman’. Omit from clause 9 the words ‘required by para. 2155, clause 1.’.
XV.	III.	1128	After the word ‘Act’ (first occurring) insert the words ‘and sections 103 and 105 of the Defence Act’.
XV.	III.	1129	After the word ‘under’ in clause 1 insert the letter ‘—(a)’. Omit from clause 1 the words ‘(except enlistments from the R.A.F. Reserve)’. Insert in that clause, after the figures ‘40’, the words and figures ‘; and—(b) the following sections of the Defence Act:—74; 79; 81; 135 (1a)’.
XV.	III.	1132	Omit from clause 2 the words ‘, aircraftman, apprentice or boy entrant’ and insert in their stead the words ‘or aircraftman’.

 

The Fourth Schedule—continued.

King’s Regulations and Air Council Instructions.			Extent of Modification.
Chapter No.	Section No.	Paragraph No.
XV.	III.	1133	Omit clause 5 and insert in its stead the following clause:— ‘5. If an airman is convicted or bound over or otherwise dealt with by a civil court, the airman’s commanding officer shall, in accordance with section 164 of the Air Force Act, in its application in relation to the Air Force and the members thereof, obtain a certificate of the conviction or a certified copy of the order of the court. Where the airman was sentenced after trial on indictment application shall be made to the Crown Solicitor, his Deputy or agent, as the case may be, with a view to obtaining from the proper officer of the court, one day after the last day for lodging appeals, a certificate that no appeal against the conviction is pending. On receipt of such certificate the commanding officer shall make to the proper officer of the court of trial an application (to which he shall attach that certificate) for the certificate of conviction. If the airman was not tried on indictment, application for the certificate of conviction shall be made at once. Outside Australia the procedure provided for the Royal Air Force shall be followed’. Omit from clause 6 the words and figures ‘; thereafter the procedure laid down in para. 663 will be carried out.’ Omit from clause 7 the words ‘sixpence a day’ and insert in their stead the words ‘one-tenth of his daily rate of pay or one shilling per day, whichever is the greater’.
XV.	IV.	1138	Insert in the heading to clause 2, after the word ‘airman’, the words ‘(including airman of the Citizen Air Force called up for war service, but not otherwise)’. Omit from that heading the words ‘, and to apprentices and boy entrants,’. Add at the end of sub-clause (a) of clause 2 the following proviso:— ‘Provided further that the punishment of detention for an offence under any section of the Defence Act shall not exceed 168 hours detention.’. Insert in clause 2, after sub-clause (b), the following sub-clause:— ‘(ba)Forfeiture of active pay for a period commencing on the day of sentence and not exceeding fourteen days.’. Omit clause 3. Omit from the heading to clause 4 the words ‘, aircraft men, apprentices and boy entrants’and insert in their stead the words ‘and aircraftmen’. Omit from sub-clause (a)of clause 5 the words ‘, apprentices and boy entrants irrespective of age’. Omit sub-clause (b) of that clause. Omit from clause 6 the letters ‘A.M.O’ s.’ and insert in their stead the words ‘Air Board Orders’ Omit from that clause the words and figures ‘paras. 54 and 112’ and insert in their stead the words ‘Air Board Orders’. Omit clause 7.
XV.	IV.	1139	Omit from sub-paragraph (b) the words and figures ‘, but see para. 2062, clause 8’.

 

The Fourth Schedule—continued.

King’s Regulations and Air Council Instructions.			Extent of Modification.
Chapter No.	Section No.	Paragraph No.
XV.	IV.	1141	Omit sub-clause (c) of clause 2. Omit from clause 3 the words ‘, aircraftman, apprentice or boy entrant,’ and insert in their stead the words ‘or aircraftman’.
XV.	IV.	1142	Omit all the words and figures after the figures ‘1144.’ and insert in their stead the words ‘An acting non-commissioned officer (not being a paid acting non-commissioned officer) may be ordered by his commanding officer to revert to his permanent rank or classification, but shall not be liable to a summary or minor punishment in addition.’.
XV.	IV.	1143	Omit the whole paragraph.
XV.	IV.	1144	Omit from clause 1 the words and figures ‘(See also para. 941)’. Omit clause 2.
XV.	IV.	1146	Omit from sub-paragraph (f) the words ‘to an apprentice or boy entrant’. Omit from that sub-paragraph the figure ‘3’ and insert in its stead the figure ‘2’.
XV.	IV.	1147	Omit from sub-clause (c) of clause 5 the words ‘, apprentice or boy entrant’ and the words and figures ‘(see para. 1207)’. Omit from clause 6 the words and figures ‘the Rules of Field Punishment made under section 44 (5), Air Force Act’ and insert in their stead the words and figures ‘the provisions of regulation 423 of the Air Force Regulations’. Omit from clause 7 the words ‘punishment drill’ (wherever occurring) and insert in their stead the words ‘extra drill’. Omit sub-clause (b) of that clause. Omit clause 8. Omit clause 10. Omit from clauses 11 and 12 the words ‘, apprentice or boy entrant’ (wherever occurring).
XV.	IV.	1148	Omit the whole paragraph.
XV.	IV.	1149	Omit from clause 1 the words and figures ‘(see paras. 1545 and 3470)’.
XV.	IV.	1150	Omit clause 5.
XV.	IV.	1152	Omit from clause 3 the words ‘, apprentice or boy entrant’. Omit from clause 5 the words ‘as directed in para. 2153’. Omit the footnote to clause 6. Omit from clauses 6 and 8, respectively, the words ‘regular air-forces service’ and insert in their stead the words ‘active air-force service’.
XV.	IV.	1153	Omit from clause 4 the words ‘with the exception of Aden Command,’. Omit from clause 6 the words and figures ‘(see para. 2334)’. Omit clauses 7 and 8 and insert in their stead the following clauses:— ‘7. In awarding forfeiture of seniority it should be borne in mind that such forfeiture may involve an immediate reduction in the rate of pay payable under regulations 547 and 553 of the Air Force Regulations to the member concerned. In any such case the officer ordering the forfeiture of seniority shall take such action as is necessary to

 

The Fourth Schedule—continued.

King’s Regulations and Air Council Instructions.			Extent of Modification.
Chapter No.	Section No.	Paragraph No.
ensures that the agent, or Unit paymaster, issuing the pay is authorized to make the reduction, and a statement that such action has been taken shall be included in the report to the Department of Air. Reductions in pay shall take effect from the date of the award only. ‘8. Officers of any of His Majesty’s Naval or Military Forces (below the rank of Lieutenant-Commander or Major) and warrant officers in any such military forces who are seconded, lent or attached to the Air Force and are subject to the Air Force Act as if they were members of the Air Force may be summarily dealt with in accordance with this paragraph, but the punishment of forfeiture of seniority of rank in the force in which they are serving shall not be awarded. Any punishments awarded in the case of such officers shall be reported to the Department of Air in the manner provided by clause 6 of this paragraph. ‘9. The provisions of clause 8 of this paragraph shall apply in a like manner to officers (below the rank of squadron leader) and warrant officers of any of His Majesty’s Air forces other than the Air Force attached to, or doing duty with the Air Force, and subject to the Air Force Act as if they were members of the Air Force.’.
XV.	V.	1158	Omit the whole paragraph and insert in its stead the following paragraph:— ‘1158.—Descriptive Report of Absentee or Deserter.—1. A commanding officer shall transmit to the Chief Commissioner of Police of the State or Territory in which he is stationed a descriptive report of every deserter or absentee without leave, giving particulars of the airman’s height, age and physical description at the time of his absenting himself, and the fullest information possible. Where there is good ground for supposing an absentee to have deserted, the report shall be rendered within twenty-four hours after his absence has been discovered, and in no circumstances shall be delayed beyond five days. Up to twenty-one days the airman shall not be returned as a deserter, unless there is ground for supposing that he has deserted. After twenty-one days, every absentee without leave shall, pending investigation, be considered as a deserter. 2. A copy of the report referred to in clause 1. of this paragraph shall also be transmitted to the police of the locality in which the offence has taken place, and to the Officer in charge of Records. Similar reports shall be sent to the police of the State or Territory to which it is supposed the deserter or absentee may have proceeded, and elsewhere as the commanding officer considers desirable. The report or reports shall be accompanied by a warrant or warrants issued pursuant to powers conferred by Section 114 of the Defence Act. Where any such deserter or absentee without leave surrenders himself or is apprehended, all persons to whom a warrant has been issued shall be notified.

 

The Fourth Schedule—continued.

King’s Regulations and Air Council Instructions.			Extent of Modification.
Chapter No.	Section No.	Paragraph No.
3. A warrant issued in pursuance of section 114 of the Defence Act may be issued under the hand of any of the following authorities:— (a) An air member of the Air Board; (b) An air or other officer commanding; or (c) The commanding officer of the member to be arrested. 4. When outside Australia the procedure prescribed by the law relating to the Royal Air Force and the members thereof may be adopted.’.
XV.	V.	1159	Omit the whole paragraph.
XV.	V.	1160	Omit all the words from and including ‘the procedure’ to the end of the paragraph and insert in their stead the words ‘such procedure shall be followed as the Air Board determines and, by Order, directs’.
XV.	V.	1162	Omit from clause 1 all the words from and including the words ‘A telegram’ up to and including the word ‘police’ and insert in their stead the words ‘The Clerk of the Court shall notify the commanding officer of the deserter’s (or absentee’s) unit (or the Secretary of the Air Board, if the unit is serving abroad) by telegram’. Omit from clause 2 the letters, words and figure ‘C.O. of No. 1 R.A.F. Depot’ and insert in their stead the words ‘the Secretary of the Air Board’. Omit from that clause the words, figure and letters ‘No. 1 R.A.F. Depot’ (wherever occurring) and insert in their stead the words ‘Air Force Head-quarters’. Omit from that clause the words ‘H.M. forces’ (wherever occurring) and insert in their stead, the words ‘the Defence Force’. Omit clause 3 and insert in its stead the following clause:— ‘3. When a person is received into air-force custody, the descriptive return or the certificate of surrender referred to in paragraphs (i) and (j) respectively of sub-section (1.) of section 163 of the Air Force Act, whichever is appropriate, may be used as evidence by the officer who disposes of the charge.”.
XV.	V.	1163	Omit from clause 1 the word ‘abroad’.
XV.	V.	1164	Omit from clause 1 the words and figures ‘and in para. 1214’. Omit from sub-clause (a) of clause 2 all the words from and including the words ‘A route’ up to and including the words ‘take over the airman’ and insert in their stead the words ‘The non-commissioned officer in charge of the escort shall be provided with an authority in the terms of Form T. in the Appendix to the Rules of Procedure to receive’ the deserter or absentee The police officer or the clerk of court who arranges the delivery of the deserter or absentee into air-force custody shall sign and hand a form in accordance with Form 8 or one of the forms specified in clause 3 of paragraph 1162, whichever is appropriate, to the non-commissioned officer in charge of the escort.’.
XV.	V.	1165	Omit from clause 2 the word ‘Army’ (first occurring) and insert in its stead the word ‘Military’. Omit the word ‘Army’ (second and third occurring in clause 2) and insert in its stead the words ‘Military Forces’.

 

The Fourth Schedule—continued.

King’s Regulations and Air Council Instructions.			Extent of Modification.
Chapter No.	Section No.	Paragraph No.
Omit from clause 2 the word and figures ‘para. 652 (17)’ and insert in their stead the words and figures ‘paragraph (g) of regulation 115 of the Air Force Regulations’. Omit from clause 3 the words ‘or Naval Reserve’ and insert in their stead the words ‘Naval Reserve or the Naval Forces of the Commonwealth’. Omit the words ‘or War Office’ (occurring in clauses 4 and 6) and insert in their stead the words ‘, the War Office, the Department of the Navy or the Department of the Army, as the case may be’. Omit the words ‘or Army’ (occurring in clauses 4 and 6) and insert in their stead the words ‘, the British Army, or the Naval or Military Forces of the Commonwealth’. Omit from sub-clause (b) of clause 6 the words and figures ‘and the airman will be discharged under para. 652 (17)’. Omit from sub-clause (d)of that clause all the words from and including the word ‘; proceedings’ to the end thereof. Omit from clause 7 all the words from and including the word ‘, who’ up to and including the word ‘reserve’ (first occurring).
XV.	V.	1166	Omit the whole paragraph.
XV.	V.	1167	Omit from clause 1 the words and figures ‘(Form 129) may’ and insert in their stead the words and figures ‘in accordance with Form 4 may, subject to the provisions of this paragraph’. Omit from clause 1a the words and figures ‘the appropriate heading of para. 652’ and insert in their stead the words and figures ‘under regulation 115 of the Air Force Regulations,’.
XV.	V.	1168	Omit from clause 2 the word ‘Official’ (wherever occurring). Omit from clause 3 the word and figures ‘Form 846’(wherever occurring) and insert in their stead the word and figures ‘Form 7’.
XV.	V.	1170	Omit the whole paragraph.
XVI.	I.	1220	Omit the words ‘and these regulations’ and insert in their stead the words ‘and the King’s Regulations and Air Council Instructions, in their application in relation to the Air Force and the members thereof, and the Air Force Regulations’.
XVI.	I.	1230	Insert in clauses 2 and 3, after the word ‘home’, the words ‘, or in the United Kingdom,’. Omit from clause 4all the words from and including the words ‘If necessary’ to the end of the clause. Insert after clause 4the following clause:— ‘5. In this paragraph any reference to the Judge Advocate General means, in relation to the Air Force and the members thereof in Australia, the Judge Advocate General of the Air Force, and, in relation to any portion of the Air Force and the members thereof attached to the Royal Air Force, means the Judge Advocate General (Royal Air Force).’.
XVI.	I.	1236	After the words ‘Air Force Act’ (first and third occurring) insert the words ‘or the Defence Act’. Omit the words ‘and these regulations’ and insert in their stead the words ‘and the Air Force Regulations’.

 

The Fourth Schedule—continued.

King’s Regulations and Air Council Instructions.			Extent of Modification.
Chapter No.	Section No.	Paragraph No.
XVI.	I.	1240	Omit the word ‘ten’ and insert in its stead the word ‘three’. Omit all the words from and including the words and figures ‘(See para. 2335’ to the end of the paragraph.
XVI.	I.	1241	Omit the word and figures ‘(Form 847)’.
XVI.	I.	1242	Omit from clause 1 the words ‘Royal Navy, Royal Marines or Army’ and insert, in their stead the words ‘Naval or Military Forces’. Omit from clause 2 all the words and numerals from and including the word ‘Procedure’ to the end of the clause and insert in their stead the words ‘Procedure, or in Australia, Form 10’.
XVI.	I.	1243	Omit the words and figures ‘(See also para. 825);
XVI.	I.	1245	Omit clause 2.
XVI.	I.	1247	Omit from clause 2 all the words from and including the words ‘At the same time’ to the end of the clause.
XVI.	I.	1250	Omit from clause 1 the words and figures ‘(as to which see paras. 2334 and 2101 respectively)’. Omit from clause 2 the words and figures ‘as provided by the Air Ministry under para. 2334’.
XVI.	I	1252	Omit the words and figures ‘particulars of his character and, subject to paragraph 2153, of former convictions,’ and insert in their stead the words ‘statement as to his character and the statement as to his service’.
XVI.	I	1254	Omit the word ‘public’.
XVI.	I	1255	Omit all the words and figures from and including the words ‘, which authority’ to the end of the paragraph.
XVI.	II	1267	Omit from clause 3 the words and figures ‘except as provided in paragraph 2560’ and insert in their stead the words ‘except in so far as the Air Board, by Order, otherwise determines’. Omit from that clause the words and figures ‘Section 43, Air Force Act’ and insert in their stead the words and figures ‘regulation 153 of the Air Force Regulations’.
XVI	II	1268	Omit from clause 2 the words ‘Royal Air Force’ and insert in their stead the words ‘Permanent Air Force; Omit from that clause the words ‘R.A.F. Reserve’ (wherever occurring) and ‘reserve’ and insert in their their stead the words ‘Citizen Air Force; Omit from that clause the words and figures ‘(For full details as to clothing and necessaries, seeparas. 2553 to 2557)’. Omit from clause 3 the words and figures ‘the provisions of A.P.’s 830 and 1086’ and insert in their stead the words ‘the directions of the Air Board’.
XVI.	II.	1269	Omit the words and figures ‘(See paras. 2558 to 2560)’.
XVI.	II.	1270	Omit the words and figures ‘(See also para. 2420, clause 5.)’.
XVI.	III.	1280	Omit clause 11 and insert in its stead the following clause:— ‘11. The provisions of section 97 of the Defence Act should, except in special circumstances, be applied only to members of the Citizen Air Force when not on war service.’.
XVI.	III.	1282	Omit the words and figures ‘, and to para. 1198’.
XVI.	III.	1287	Omit the words and figures ‘(See also para, 1208)’ (wherever occurring).

 

The Fourth Schedule—continued.

King’s Regulations and Air Council Instructions.			Extent of Modification.
Chapter No.	Section No.	Paragraph No.
XVI.	III.	1297	Omit, from clause 1 the words ‘Air Ministry’ and insert in their stead the words ‘Minister for transmission to the Attorney-General for record’. Omit from clause 2 all the words after ‘Judge Advocate General’ (first occurring) to the end of the clause and insert in their stead the words ‘(Royal Air Force) or to the Judge Advocate General whichever is appropriate according to the requirements of these Regulations, for transmission to the Minister for Air, for continuation by the Governor-General. The proceedings of any general court-martial confirmed abroad will be sent to the Judge Advocate General as soon as possible after promulgation to be forwarded to the Minister for transmission to the Attorney-General, for record’. Insert in clause 3, after the word ‘through’, the words ‘the Air Board or’. Add at the end of that clause the words‘, who will forward them to the Minister for transmission to the Attorney-General for record’. After clause 8 add the following clause:— ‘9. Notwithstanding anything contained in this Section of this Chapter, a sentence of death passed by a court-martial shall not be carried into effect until confirmed by the Governor-General.’.
XVII.	I.	1311	Omit from clause 3 the words ‘of the rank of wing commander’ and insert in their stead the words ‘not below the rank of squadron-leader’. Omit clause 7.
XVII.	I.	1314	Omit from clause 1 the words and figures ‘(see also para. 1326, clause 5)’.
XVII.	I.	1315	Omit from sub-clause (b) of that clause all the words from and including the word ‘or’ up to and including the word ‘Yard’, and insert in their stead the words ‘or to the Commissioner of Police in the State or Territory concerned’. Omit clause 4.
XVII.	I.	1317	Omit clause 4.
XVII.	I.	1320	Omit from clause 4 the words and figures ‘under para. 2235’. Omit from clause 6 all the words and figures from and including the word ‘, except’ to the end of the clause. Omit from that clause all the words from and including the words ‘The C.O.’ to the end of the clause.
XVII.	I.	1321	Omit from sub-clause (a) of clause 1 the words‘,aircraftman, apprentice or boy entrant’ and insert in their stead the words ‘or aircraftman’.
XVII.	I.	1323	Omit from clause 4 the words and figures ‘referred to in para. 2558’ and insert in their stead the words ‘of arms, clothing, necessaries and accoutrements’. Omit from that clause all the words and figures from and including the words ‘The value’ to the end of the clause and insert in their stead the words ‘For the purpose of assessing the value of each deficient article a witness is required who can prove the value (inclusive

 

The Fourth Schedule—continued.

King’s Regulations and Air Council Instructions.			Extent of Modification.
Chapter No.	Section No.	Paragraph No.
of authorized departmental expenses) of the article at the date of loss, upon a basis of its age or condition or both and by reference to the orders or instructions for fixing the value of the article at that age or in that condition’. Omit clause 5.
XVII.	I.	1325	Omit sub-clause (d) of clause 3. Omit from clause 6 the words and figures ‘[See also paras. 2323, 3614, 3706 and 3751.)’. Omit from clause 7 all the letters and words from and including the letter and word ‘(a) if’ to the end of the clause and insert in their stead the words ‘be transmitted to the Officer i/c Records (Officer’s or Airman’s, as requisite) who will note the particulars and file reference on the personal records concerned and return the proceedings to the assembling authority for disposal. Where it is impracticable to submit the proceedings to the Officer i/c Records in accordance with this clause, a letter will be so forwarded giving the details required and the proceedings will be endorsed accordingly.’. Omit from clause 9 the word ‘coroner’ and insert in its stead the words ‘ the appropriate civil authority’.
XVII.	I.	1326	Omit clause 3. Omit clause 5. Omit from clause 8 the word and letter ‘Class B’. Omit from sub-clause (a) of clause 9 the words ‘allowing one copy for the Accidents Investigation Branch,’ and all the words from and including the words ‘The copy destined to the end of the sub-clause. Omit from clause 10 the words, letters and figures ‘in accordance with A.P. 830, Vol. 1’ and insert in their stead the words ‘in such manner as the Air Board determines and, by Order, directs’.
XVII.	I.	1327	Omit from clause 1 the words ‘Air Ministry regulations’ and insert in their stead the words ‘Air Force Orders’. Omit from sub-clause (a)of clause 2 all the words and figures from and including the words ‘Air Ministry’ to the end of the sub-clause and insert in their stead the words ‘Air Board a report in accordance with such form as the Air Board, by Order, directs’. Omit from sub-clause (c) of that clause the letters and words ‘A.O.C. in C, Coastal Command’ and insert in their stead the words ‘Air Board’. Omit from that sub-clause the words ‘a representative of the Accidents Investigation Branch, Air Ministry, or of’. Omit from sub-clause (e) of that clause the word ‘Admiralty’ and insert in its stead the words ‘the appropriate authority of the Department of the Navy’. Omit from clause 3 the words ‘as laid down in para. 2311 ‘and insert in their stead the words’ such as the Air Board determines and, by Order, directs’.
XVII.	I.	1327a	Omit the words ‘Fleet Air Arm’ and insert in their stead the words ‘Naval Forces’.
XVII.	I.	1328	Omit the words and figures ‘(see para. 679, clause 3a)’.

 

The Fourth Schedule—continued.

King’s Regulations and Air Council Instructions.			Extent of Modification.
Chapter No.	Section No.	Paragraph No.
XVII.	I.	1329	Omit from clause 3 the words and figures ‘the points referred to in paras. 2013 and 1978’ and insert in their stead the words ‘such points as the Air Board, by Order, directs’. Omit from clause 4 the words, letters and figures ‘The instructions relating to such injuries are contained in A.P. 826.’. Omit clause 5. Omit clause 6.
XVII.	I.	1330	Omit from clause 1 the words and figures ‘the procedure laid down in paras. 1978, 1979 and 2013 will be carried out’ and insert in their stead the words ‘the procedure to be followed in relation to the inquiry shall, subject to these Regulations, be as the Air Board, by Order, directs’. Omit from clause 2 the figures and word ‘, 1978 and 2013’ and insert in their stead the words ‘and such additional points as the Air Board by Order directs’. Omit from clause 3 all the words, letters and figures after the words ‘ the procedure’ and insert in their stead the words ‘such procedure as the Air Board, by Order, directs shall be followed’.
XVII.	I.	1332	Omit from clause 2 the words and figures ‘as directed in paras. 1961, clause 2, and 2419’ and insert in their stead the words ‘in accordance with such directions of the Air Board as are contained in any Air Force Order’. Omit from clause 3 the words and figures ‘(as regards defective foodstuffs, see para. 2077)’. Omit from clause 4 the words, letters and figures ‘prepared in accordance with the instructions contained in A.P.’s. 112 and 830’. Omit clauses 5, 6 and 7 and insert in their stead the following clauses:— ‘5. If the original value of the articles, or the cost of structural or other repairs— (a)exceeds Twenty pounds, the matter shall be reported to the Air Board and shall be investigated by a court of inquiry, unless in the opinion of the commanding officer the nature and circumstances of the loss or damage do not warrant investigation by a court of inquiry, in which case he shall submit a report to the Air Board; (b) does not exceed Twenty pounds, the superior officer of the responsible person shall inquire into all the circumstances of the loss or damage and submit a report of his investigation to the Air Board, which may order further investigation by a court of inquiry, if the Board considers such action desirable. ‘6. Where a court of inquiry is assembled under this paragraph, the following points shall be investigated:— (a) on whose charge the articles are; (b) the amount of the loss or the cost of making good the damage;

 

The Fourth Schedule—continued.

King’s Regulations and Air Council Instructions.			Extent of Modification.
Chapter No.	Section No.	Paragraph No.
(c) what action was taken to recover the articles when lost; and (d)is there any reason why the person on whose charge they are, should not pay for the loss ? If the court recommends that the loss be borne’ by the Commonwealth, its reasons should be stated.’.
XVII.	I.	1334	Omit from sub-clause (i) of clause 2 the letters and word ‘A.O.C. in C and insert in their stead the words’ air officer commanding’. Omit from sub-clause (ii) of clause 2 the words and figures ‘(but see para. 1645, clause 1 (a), as to medical, &c., stores)’. Omit from clause 6 all the words and figures from and including the word ‘ which ‘ to the end of the clause.
XVII.	I.	1335	Omit the whole paragraph and insert in its stead the following paragraph:— ‘1335. Loss, &c, of Accounts.—1. When accounts of any description, or parts of such accounts, are lost, mutilated, or destroyed, the officer responsible for keeping the accounts shall report the matter to his commanding officer, who, if he considers the case sufficiently serious, or if it appears that the accounts cannot be reconstructed without involving risk of loss, shall refer the question to the Air Board. 2 If the circumstances tend to show that an air-force offence has been committed, a court of inquiry will be assembled by Head-quarters to investigate the matter.’.
XVII.	I.	1336	Omit the whole paragraph and insert in its stead the following paragraph: — ‘1336. Loss of Public Money.—1. When a loss of public moneys occurs, or when any deficiency or irregularity appears to exist in any account of public moneys, the commanding officer shall immediately report the facts to the Air Board, and institute an investigation into the matter. If the circumstances warrant such action, a court of inquiry, or a court-martial, will be convened, as necessary, by the proper air-force authority. 2. When a loss of government stores or materials of any description is known or believed to be due to theft, the commanding officer shall make a report to the Air Board as soon as practicable after the discovery of the loss, and where the loss is of sufficient importance to warrant such action, the commanding officer shall request the police to institute inquiries, the result of which shall be communicated to the Air Board 3. When reporting losses to the Air Board in accordance with this paragraph the commanding officer shall furnish the following information:—

(a)the circumstances in which the moneys or goods were stolen or alleged to have been stolen, and any additional information relevant thereto;

 

The Fourth Schedule—continued.

King’s Regulations and Air Council Instructions.			Extent of Modification.
Chapter No.	Section No.	Paragraph No.
(b)in whose custody the moneys or goods were at the time of theft, or supposed theft, and any additional information relevant thereto; (c) whether any inquiry has been instituted; (d) what steps have been taken to recover the money or goods; and (e) whether the civil police have been notified. 4. The Air Board shall take the necessary steps to inform the Auditor-General or his representative. 5. All cases, in which deficiencies of stores are attributable to theft or fraud committed by a government employee, shall be reported by the Secretary, Department of Air, to the Secretary, Department of the Treasury, before any action is taken to approve of the writing off of such deficiencies. Losses of public moneys may be written off only with the approval of the Treasurer. 6. In any case where there is clear evidence of theft, prosecution shall not be waived without the approval of the Minister. 7. In any case where the loss or destruction of Commonwealth property (buildings, stores, or property of any other description), is caused by fire, the Air Board shall advise the Auditor-General or his representative.’.
XVII	I.	1337	Omit clause 4.
XVII.	I.	1338	Omit from sub-paragraph (a)the words and figures ‘as laid down in para. 2241’. Omit from sub-paragraph (b) the words and figures ‘as laid down in para. 3058’. Omit from sub-paragraph (c) the words and figures ‘as laid down in para. 2641’. Omit from sub-paragraph (d)the words and figures ‘as laid down in para. 2158’. Omit from sub-paragraph (i) the words and figures ‘as laid down in para. 1645’. Omit from sub-paragraph (f) the words and figures ‘as laid down in para. 2222’. Omit from sub-paragraph (g)the words and figures ‘as laid down in A.P. 830’.
XVII.	II.	1346	Omit the whole paragraph and insert in its stead the following paragraph:— “1346. Audit of Semi-official Funds.—1. The accounts of all charitable and other funds, and of officers’, sergeants’ and airmen’s messes, and any other semi-official institutions (with the exception of canteens), shall be audited quarterly (except in the case of the Benevolent Fund, which shall be audited half-yearly), by the station audit board, which shall consist of not less than two officers, one of whom shall be the station accounting officer. 2. It shall be the duty of the members of the station audit to satisfy themselves— (a) that the accounts are arithmetically correct; (b) that all receipts and disbursements have been brought to account in the

 

The Fourth Schedule—continued.

King’s Regulations and Air Council Instructions.			Extent of Modification.
Chapter No.	Section No.	Paragraph No.
appropriate period and are supported by vouchers, and that disbursements, having due regard to the objects of each fund and to the normal policy and practice, are, generally speaking, legitimate and reasonable; (c) that all authorized or fixed contributions to to the various funds have been duly credited in whole to these funds; (d)that as far as can be ascertained liabilities have not been omitted from the balance-sheet; (e) that assets are not over estimated and funds are not being invested contrary to orders; (f) that the cash balances (both in hand and at the bank) shown in the accounts were actually in hand or at the bank on the final day of the account, which involves the cash in hand being checked by a member of the board before any transactions for the ensuing period are entered into and a certificate of the bank balance being obtained; and (g) that the bank pass-book is in order. 3. In connexion with their duty members of the station audit board should note that, when the full audit takes place some days after the check referred to in sub-clause (f) of the last preceding clause has been made, transactions which have been entered during the interim should be scrutinised in order to ensure that they do not relate to the period under audit. For this purpose the pass-book should be obtained completed to date. 4. The station audit board shall also bring to notice any disbursement which, although in itself legitimate, is in their opinion excessive or extravagant. 5. The proceedings of the station audit board shall be prepared in triplicate. The balances of all semi-official funds shall be verified, and the board shall certify in the proceedings that the instructions contained in clauses 3 and 4 of this paragraph have been carried out. A copy of the station audit board’s report shall be attached to the copy of the balance-sheet which was submitted by the semi-official institution to the station audit board. The proceedings shall then be laid before the commanding officer for approval, who shall forward one copy of the proceedings to Head-quarters, together with his remarks concerning any action which is being taken in connexion with matters raised in the station audit board report. 6. The balance-sheet mentioned in clause 5 of this paragraph shall be supported by statements showing— (a) in the case of messes— (i) messing account, (ii) bar account

 

The Fourth Schedule—continued.

King’s Regulations and Air Council Instructions.			Extent of Modification.
Chapter No.	Section No.	Paragraph No.
(iii) profit and loss account, (iv) list of creditors and debtors; (b) in the case of other funds, with the exception of the Benevolent Fund— (i) receipts and payments account, (ii) list of creditors and debtors; and (c) in the case of the Benevolent Fund— (i) receipts and payments account.’.
XXXIX.	II.	3467	Omit from clause 1 the words ‘the Air Council have deputed’ and insert in their stead the words ‘the Air Board may depute’. Omit from that clause the words ‘Officer i/c Records’ (first occurring) and insert in their stead the words ‘Director of Personal Services’. Omit from that clause the words ‘is also deputed’ and insert in their stead the words ‘may be also deputed’. Omit from sub-clause (a)of clause 2 the words ‘Act or regulations’ and insert in their stead the words ‘the Air Force Regulations’. Omit from sub-clause (b)of that clause all the words and figures from and including the figures ‘(ii)’ to and including the words ‘Flying instructional pay’ and insert in their stead the following words and figures:— (ii) Air gunner’s pay. (iii) Crew pay. (iv) Duty pay under regulation 555a of the Air Force Regulations.’. Omit from sub-clause (c) of that clause the words and figures ‘under para, 3351’. Omit from that sub-clause the words ‘marriage allowance’ (wherever occurring) and insert in their stead the words ‘separation allowance or married allowance’. Omit from clause 3 the words ‘to the justices’ and insert in their stead the words ‘of the court’. Omit from clause 4 the words ‘accountant officer’ (wherever occurring) and insert in their stead the words’ unit pay-master’. Omit from that clause the words ‘marriage allowance’ and insert in their stead the words ‘separation or married allowance’. Omit from sub-clause (c) of that clause the words ‘accountant officer’s’ and insert in their stead the words ‘unit pay-master’s’. Omit from clause 9 the words ‘Officer i/c Records’ and insert in their stead the words ‘the Director of Personal Services’. Omit from clause 10 all the words and figures from and including the words ‘the procedure’ to the end of the clause and insert in their stead the words ‘he may make a voluntary allotment’. Omit from clause 11 all the words from and including the words ‘accountant officer’ to and including the word ‘existence’ and insert in their stead the words— ‘Unit pay-master will cause an entry to be made in the airman’s record as follows:— (a) Particulars’.

 

The Fourth Schedule—continued.

King’s Regulations and Air Council Instructions.			Extent or Modification.
Chapter No.	Section No.	Paragraph No.
XXXIX.	II.	3470	Omit from sub-clause (d)of clause 1 the words and figures ‘under any Probation of Offenders Act, except when it has been decided under para. 2153, clause 4 or 5,’ and insert in their stead the words ‘, except when it has been decided’. Omit from clause 2 all the words from and including the words ‘(a)Good conduct pay’ to and including the words ‘(petrol and winch);’and insert in their stead the words— ‘(a) Air gunner’s pay; (b) Crew pay; (c) Duty pay under regulation 555a of the Air Force Regulations; (d)All allowances, other than separation allowance, paid under the Air Force War Financial Regulations;’ Omit from that clause the words ‘and flying instruction pay’.
XXXIX.	II.	3474	Omit the word ‘England’ (wherever occurring) and insert in its stead the word ‘Australia’.

(ii) Adaptations.

Unless otherwise provided by these Regulations or indicated by the context:—

(a) references to His Majesty or H.M. the King shall be read as references to the Governor-General;

(b)references to the Secretary of State shall be read as references to the Minister;

(c) references to the Air Council shall be read as references to the Air Board;

(d)references to the Air Ministry shall be read as references to the Minister or the Secretary or other appropriate officer of the Department of Air, as the context requires, in accordance with administrative arrangements or practice;

(e) references to the Air Force, the Royal Air Force or the R.A.F. shall be read as a reference to the Royal Australian Air Force;

(f) any reference to the Air Force Act, or to the Rules of Procedure, shall be read as a reference to that Act, or to those Rules, in its, or their, application, as the case may be, in relation to the Air Force and the members thereof;

(g)references to the regular air force shall be read as references to the Permanent Air Force;

(h)any reference to His Majesty’s Forces or H.M. Forces shall be read as including a reference to the Defence Force of the Commonwealth;

(i)references to home shall be read as a reference to Australia, the expression ‘at home’ read as meaning ‘in Australia’ and the expression ‘abroad’ read as meaning ‘outside Australia’;

(j) references to the public shall be read as references to the Commonwealth;

(k)references to ordinary pay shall be read as references to active pay.”.

 

By Authority: L.