Air Force Regulations (Amendment) (Cth)

STATUTORY RULES.

1940. No. 114.

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 twentieth day of June, 1940.

GOWRIE

Governor-General.

By His Excellency’s Command,

J. V. FAIRBAIRN

Minister of State for Air.

______

Amendments of the Air Force Regulations. 

1. After regulation 22 of the Air Force Regulations, the following regulation is inserted:—

Affirmation in lieu of oath.

“22a.—(1.) A person who conscientiously objects to take an oath prescribed by these Regulations may make an affirmation instead of taking an oath.

(2.) An affirmation so made shall be of the same force and effect, and shall entail the same liabilities, as an oath.”.

2. After regulation 56 of the Air Force Regulations, the following regulation is inserted:—

Appointment of aliens to Commissions in Citizen Air Force.

“56aa. In time of war, any person who is for the time being an alien may, subject to the approval of the Air Board, be appointed to commissioned rank in the Citizen Air Force:

Provided that any such person who is not, in the opinion of the Air Board, substantially of European descent, shall not be so appointed.”.

Period of enlistment.

3. Regulation 92 of the Air Force Regulations is amended by omitting the word “Persons” and inserting in its stead the following words “Except as provided in the next succeeding regulation, persons”.

 

* Notified in the Commonwealth Gazette on 21st June, 1940.

  Statutory Rules 1927, No. 161, as amended by Statutory Rules 1928, Nos. 52 and 109; 1929, Nos. 75 and 114; 1930, Nos. 77, 94 and 135; 1931, Nos. 3, 78 and 115; 1932, Nos. 9, 63 and 133; 1933, Nos. 16, 46, 58, 82, 89 and 117; 1934, Nos. 25, 51, 74, 81, 122 and 125; 1935, Nos. 32 and 98; 1936, No. 17; 1937, No. 21; 1938, Nos. 12, 13, 22, 48, 77, 97 and 120; 1939, Nos. 21, 64 and 142; and 1940, Nos. 31, 53 and 75.—Forty-third amendment.

3912.—Price 3d.

4. After regulation 92 of the Air Force Regulations the following regulation is inserted:—

Enlistment of aliens in Citizen Air Force.

“92a.—(1.) In time of war, any person who is for the time being an alien may, subject to the approval of the Air Board, be enlisted in the Citizen Air Force:

Provided that any such person who is not, in the opinion of the Air Board, substantially of European descent, shall not be so enlisted.

(2.) A person enlisting under this regulation may be required to engage to serve for the period of the duration of the war and twelve months thereafter.”.

Oath of enlistment.

5. Regulation 94 of the Air Force Regulations is repealed and the following regulation is inserted in its stead:—

“94. A person enlisting in the Air Force shall take before an officer or a Justice of the Peace an oath in accordance with Form 1, unless he is a person enlisting under the provisions of regulation 92a of these Regulations, in which case he shall take an oath in accordance with Form 1a.”.

Eligibility for service in Reserve.

6. Regulation 455 of the Air Force Regulations is amended by omitting from sub-regulation (3.) the words “by descent”.

Enrolment and re-enrolment in Reserve.

7. Regulation 464 of the Air Force Regulations is amended by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:—

“(3.) A person, upon enrolment in the Reserve, shall take before an officer or a Justice of the the Peace an oath in accordance with Form 3, unless he is a person who is for the time being an alien, in which case he shall take an oath in accordance with Form 3a.”.

The Schedule.

8. The Schedule to the Air Force Regulations is amended—

(a)by inserting after Form 1 the following form:—

“Form 1a.

Air Force Regulations.

SPECIAL OATH OR AFFIRMATION FOR ALIENS ON ENLISTMENT IN THE AIR FORCE.

Regulation 94. Oath:

I swear that I will well and truly serve His Majesty, King George VI., His Heirs and Successors, in the Air Force of the Commonwealth of Australia for the duration of the present state of war and twelve months thereafter, or until sooner lawfully discharged, dismissed or removed, and that I will resist His Majesty’s enemies, and cause His Majesty’s peace to be kept and maintained and that I will in all matters appertaining to my service faithfully discharge my duty according to law. So help me God!

Affirmation:

I solemnly and sincerely affirm and declare that I will well and truly serve His Majesty, King George VI., His Heirs and Successors, in the Air Force of the Commonwealth of Australia for the duration of the present state of war and twelve months thereafter or until sooner lawfully discharged, dismissed or removed, and that I will resist His Majesty’s enemies, and cause His Majesty’s peace to be kept and maintained and that I will in all matters appertaining to my service faithfully discharge my duty according to law.”; and

(b)by inserting after Form 3 the following form:—

“Form 3a.

Air Force Regulations.

SPECIAL OATH OR AFFIRMATION FOR ALIENS ON ENROLMENT IN AIR FORCE RESERVE.

Regulation 464 (3.).

OATH:

I swear that I will well and truly serve His Majesty, King George VI., His Heirs and Successors, as a member of the Air Force Reserve of the Commonwealth of Australia, and that I will resist His Majesty’s enemies and cause His Majesty’s peace to be kept and maintained, and that I will in all matters appertaining to my service faithfully discharge my duty according to law. So help me God!

Affirmation:

I solemnly and sincerely affirm and declare that I will well and truly serve His Majesty, King George VI., His Heirs and Successors, as a member of the Air Force Reserve of the Commonwealth of Australia, and that I will resist His Majesty’s enemies and cause His Majesty’s peace to be kept and maintained, and that I will in all matters appertaining to my service faithfully discharge my duty according to law.”.

 

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