Air Force Regulations (Amendment) (Cth)

STATUTORY RULES.

1944. No. 34.

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REGULATIONS UNDER THE AIR FORCE ACT 1923-1941.*

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 1923-1941.

Dated this sixteenth day of February, 1944.

Governor-General.

By His Excellency’s Command,

Minister of State for Air.

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Amendments of the Air Force Regulations.  

Power to appoint and promote officers.

1. Regulation 45 of the Air Force Regulations is amended by inserting, after sub-regulation (1.), the following sub-regulation:—

“(1a.) Persons who have died may be appointed or promoted in pursuance of this regulation so that the appointment or promotion shall take effect from such date, earlier than the date of death of the person appointed or promoted, as is specified in the instrument of appointment or promotion, as the case may be.”.

Notification of appointments.

2. Regulation 58 of the Air Force Regulations is amended by omitting the word “All” and inserting in its stead the words “Except as provided in regulations 59 and 59a of these Regulations, all”.

Authority to appoint or promote officers outside Commonwealth.

3. Regulation 59 of the Air Force Regulations is repealed and the following regulation is inserted in its stead:—

“59.—(1.) The Governor-General may, on the recommendation of the Air Board, authorize an officer in command of any part of the Air Force which is beyond the limits of the Commonwealth to appoint any person to be an officer, promote an officer to temporary rank or appoint an officer to acting rank in the Air Force, and any authority so conferred may be exercised notwithstanding that the appointment or promotion has not been recommended by the Air Board.

 

* Notified in the Commonwealth Gazette on, 1944.

  Statutory Rules 1927, No. 161, as amended by Statutory Rules 1928, Nos. 52 and 109; 1929, Nos. 75 and 114; 1930, Nos. 77, 94 and 135; 1931, Nos. 3, 78 and 115; 1932, Nos. 9, 63 and 133; 1933, Nos. 16, 40, 58, 82, 89 and 117; 1934, Nos. 25, 51, 74, 81, 122 and 125; 1935, Nos. 32 and 98; 1936, No. 17; 1937, No. 21; 1938, Nos. 12, 13, 22, 48, 77, 97 and 120; 1939, Nos. 21, 64 and 142; 1940, Nos. 81, 53, 75, 114, 125, 140, 220, 241 and 279; 1941, Nos. 68, 106, 137, 181 and 228; 1942, Nos. 29, 158, 232, 254, 346, 383, 416, 440, 441, 476 and 543; and 1943, Nos. 119 and 198.—Sixty-seventh amendment.

2303.—Price 3d. 30/6.12.1943.

 

“(2.) The authority specified in sub-regulation (1.) of this regulation may be conferred on an officer personally or by designation of his appointment and may be limited to the officer named or may be extended to his successors in command and, for any period during which he is not performing the duties of the appointment, to the person for the time being performing those duties.

“(3.) Any authority conferred under this regulation shall be revocable at will by the Governor-General and shall not prevent the exercise of any power by the Governor-General.

“(4.) The revocation of any authority conferred under this regulation shall not affect anything done in exercise of that authority prior to its revocation.

“(5.) An appointment or promotion made under an authority conferred in pursuance of this regulation shall take effect from the date upon which it is made or such other date as is specified by the officer making the appointment or promotion.

“(6.) The officer making any appointment or promotion under an authority conferred in pursuance of this regulation shall, within six months after the making thereof, submit particulars thereof to the Air Board, which may submit a recommendation to the Governor-General that the appointment or promotion be confirmed or may refuse to submit such a recommendation.

“(7.) If the Air Board refuses to submit a recommendation for the confirmation of the appointment or promotion, it shall cause notice of its refusal to be sent to the person or officer concerned, and he shall cease to hold the office or temporary or acting rank to which he was appointed or promoted, as the case may be, from the time when he receives the notice.

“(8.) If the Air Board recommends the confirmation of the appointment or promotion to the Governor-General, the Governor-General may confirm the appointment or promotion and issue a commission to an officer whose appointment he conforms, or may refuse to confirm the appointment or promotion.

“(9.) If the Governor-General refuses to confirm an appointment or promotion made under an authority conferred in pursuance of this regulation, the person or officer concerned shall cease to hold the office or temporary or acting rank to which he was appointed or promoted, as the case may be, from the time when that person or officer receives notice of the Governor-Generals refusal to confirm the appointment or promotion.

“(10.) Every act, matter, thing, right and liability which, by virtue, or in consequence, of an appointment of a person to be an officer, or the promotion of an officer to temporary or acting rank, under this regulation, is done, suffered, acquired or incurred between the time the person or officer is so appointed or promoted and the time when that person or officer receives notice of the refusal of the Air Board to recommend the confirmation or of the refusal of the Governor-General to confirm, as the case, may be, shall be as valid and effectual as if it were done, suffered, acquired or incurred by a person or officer appointed or promoted by the Governor-General to that office or rank.”.

4. After regulation 59 of the Air Force Regulations the following regulation is inserted:—

Acting appointments in time of war.

“59a.—(1.) Notwithstanding anything contained in these Regulations, in time of war the Air Board may, subject to this regulation, appoint or promote members to acting ranks in any rank below that of Air Commodore and may terminate the grant of acting rank in any rank below that of Air Commodore.

“(2.) The Air Board may delegate its powers under this regulation to such officers and subject to such restrictions and conditions, as it thinks fit.

“(3.) A delegation under this regulation may be made to an officer personally, or by designation of his appointment, and may be limited to the officer named, or be extended to the person for the time being performing the duties of the appointment or to the successor in command of the officer.

“(4.) A delegation shall be revocable at will by the Air Board but the revocation of a delegation shall not affect anything done under the delegation prior to the revocation.

“(5.) Nothing in this regulation shall prevent the exercise of any power to make appointments by the Governor-General and no delegation shall prevent the exercise of any power by the Air Board.

“(6.) An appointment or promotion to acting rank made pursuant to this regulation shall take effect from the date upon which it is made or such other date as is specified by the Air Board or its delegate, as the case may be.

“(7.) Every appointment or promotion to acting rank made pursuant to this regulation shall, within three months after being made, be submitted for confirmation by the Governor-General.

“(8.) If the Governor-General refuses to confirm an appointment or promotion to acting rank under this regulation, the member concerned shall cease to hold the acting rank to which he was appointed or promoted, as the case may be, from the time when he receives notice of the Governor-General’s refusal to confirm.

“(9.) Every act, matter, thing, right and liability which, by virtue, or in consequence, of an appointment or promotion to acting rank under this regulation, is done, suffered, acquired or incurred, between the time when a member is so appointed or promoted and the time when he receives notice of the Governor-General’s refusal to confirm or the time at which the period for which he was appointed or promoted expires, shall be as valid and effectual as if it were done, suffered, acquired or incurred by an officer appointed or promoted by the Governor-General to that rank.”.

5.—(1.) After regulation 535 of the Air Force Regulations the following regulation is inserted:—

Higher rank pay in time of war.

“535a.—(1.) Notwithstanding anything contained in the last preceding regulation, in time of war—

(a)a member who is granted acting rank and who is filling a vacancy on the establishment of any unit shall, after having satisfactorily held the acting rank for a period of

 

twenty-one days, be paid, as from the date upon which he was granted the acting rank, the minimum pay and allowances of the rank in which he is acting; and

(b)a member who is holding temporary rank shall be paid, while holding that rank, and subject to sub-regulation (2.) of this regulation, the minimum pay and allowances of the rank which he holds temporarily.

“(2.) A member receiving higher rank pay in pursuance of paragraph (b)of sub-regulation (1.) of this regulation may be granted any increment for which he would be eligible if he were holding permanently the rank which he is holding temporarily.”.

(2.) This regulation shall be deemed to have come into operation—

(a) as regards cases coming within paragraph (a) of sub-regulation (1.) of the regulation inserted by this regulation—on the sixteenth day of September, 1940; and

(b)as regards cases coming within paragraph (b)of that sub-regulation—on the third day of September, 1939.

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