Air Force Regulations (Amendment) (Cth)

STATUTORY RULES.

1933. No. 58.

 

REGULATIONS UNDER THE AIR FORCE ACT 1923.

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, to come into operation forthwith.

Dated this third day of May, 1933.

Governor-General.

By His Excellency’s Command,

Minister of State for Defence.

 

Amendment of Air Force Regulations.

(Statutory Rules 1927, No. 161, amended to this date.)

(Sixteenth Amendment.)

1. Regulation 4 is amended—

(a) by omitting from the definition of “Active Force” the words “Reserve Force” and inserting in their stead the words “Reserve and the Retired List”; and

(b) by inserting after the definition of “Representative of the Director-General of Medical Services” the following new definitions:—

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

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

2. Regulation 16 is amended—

(a)by inserting before the words “A member” the figure “(1.)”; and

(b)by inserting the following new sub-regulation:—

“(2.) It shall not be necessary under, or by reason of, any law of a Territory or a State to obtain or have any licence or permission for—

(a) keeping; or

(b)supplying, on sale or otherwise, to any member of the Air Force; or

883.—Price 8d.

(c) supplying, at the expense of any member of the Air Force, to his guest; or

(d) permitting the consumption of,

intoxicating liquor at any mess or air-force institute constituted in accordance with these Regulations, or at any gathering of members of the Air Force (with or without guests) authorized by proper air-force authority, if the intoxicating liquor is the property of the Commonwealth or of the mess or air-force institute or of the members of the Air Force for whose benefit the mess or air-force institute is established or maintained, or of the gathering.”

3. Regulation 30 is amended by omitting from sub-regulation (3.) the word “temporary” and inserting in its stead the word “temporarily”.

4. Regulation 36 is amended—

(a)by inserting in sub-regulation (2.) after the word “prescribed” the words “and shall include officers on the Unattached List”; and

(b) by omitting from sub-regulation (3.) the words “and shall include the officers shown on the Air Force Reserve of Officers List”.

5. Regulation 82 is amended by omitting from sub-regulation (1.) the words “Air Force Reserve of Officers List” and by inserting in their stead the word “Reserve”.

6. Regulations 84 and 85 are repealed.

7. Regulation 87 is amended by omitting the words “on the Unattached, Reserve and Retired Lists” and inserting in their stead the words “of the Reserve or on the Unattached or Retired Lists”.

8. Regulation 89 is amended by omitting the words “Retired Lists” and inserting in their stead the words “the Retired List”.

9. Regulation 92 is amended--

(a) by inserting before the word “Citizen” the word “Active”; and

(b) by omitting the words “Air Force Reserve” and inserting in their stead the word “Reserve”.

10. Regulation 219 is amended by omitting from sub-regulation (3.) the words “Second Air Member” and inserting in their stead the words “Air Member for Personnel”.

11. Regulation 224 is amended by omitting the words “Second Air Member” and inserting in their stead the words “Air Member for Personnel”.

12. Regulation 236 is amended by omitting from sub-regulation (4.) the words “Second Air Member” and inserting in their stead the words “Air Member for Personnel”.

13. Regulation 237 is amended by omitting from sub-regulation (1.) the words “Second Air Member” and inserting in their stead the words “Air Member for Personnel”.

14. Regulation 413 is amended by omitting from sub-regulation (3.) the words “Second Air Member” and inserting in their stead the words “Air Member for Personnel”.

15. Regulation 417 is amended by omitting from sub-regulation (1.) the words “Second Air Member” and inserting in their stead the words “Air Member for Personnel”.

16. After regulation 443 the following new regulation is inserted:—

“Precedence.

443a. Members of the Active Citizen Air Force and Permanent Air Force, when serving together, shall take precedence according to the dates of their respective appointments, enlistments or promotions.”

17. Regulation 449 is amended by inserting in sub-regulations (1.) and (3.) before the word “Citizen” the word “Active”.

18. Regulation 452 is amended by inserting before the word “Citizen” (where occurring) the word “Active”.

19. Regulations 454 and 455 are repealed.

20. After regulation 453a the following new regulations are inserted:—

“Classification of Members of Reserve.

454.—(1.) Members of the Reserve shall be classified as follows:—

Class A.—Flying officers.

Class B.—Technical officers.

Class C.—Stores and accounting officers.

Class D.—Medical and dental officers.

Class E.—Airmen.

(2.) Officers of Class A of the Reserve shall be grouped in accordance with their qualifications as follows:—

(a)Class A1 shall consist of officers who have previously held permanent commissions in the general duties branch of the Permanent Air Force or the Royal Air Force, and who have been permitted to resign their commissions and are selected by the Air Board for commissions in the Reserve.

(b)Class A2 shall consist of officers who have previously held short service commissions in the general duties branch of the Permanent Air Force or the Royal Air Force and who, upon the completion of their period of service on the active list, pass to the Reserve to complete the remaining period of their engagement, or who are allowed, at the discretion of the Air Board, to pass into the Reserve before completing their full period in the Active Force.

(c)Class A3 shall consist of officers who have previously held commissions in the general duties branch of the Active Citizen Air Force and who are transferred to the Reserve or pass to the Reserve on completion of their period of service in the Active Force.

(d)Class A4 shall consist of persons regularly engaged in civil aviation who are selected by the Air Board for commissions in the Reserve or who have previously held commissions in the Royal Australian Air Force or the Royal Air Force and who are required by the terms of their engagement to serve in the Reserve.

(e)Class A5 shall consist of pilots selected by the Air Board for commissions in the Reserve who are not included in Classes A1, A2, A3 or A4.

(3.) Officers of Class B of the Reserve shall include those technical officers who will be required on mobilization for aircraft, engines, signals, photographic, armament and meteorological duties. They shall be grouped as follows:—

(a)Class B1 shall consist of officers who have previously held commissions in the Active Force or the Royal Air Force and are selected by the Air Board for commissions in the Reserve.

(b) Class B2shall consist of persons with the necessary technical qualifications for one of the specialist categories who, although having had no previous services in the Royal Australian Air Force or Royal Air Force, are selected by the Air Board for commissions in the Reserve.

(4.) Officers of Class C of the Reserve shall include officers who have previously held commissions in the stores and accounting branches of the Active Force or the Royal Air Force and are selected by the Air Board for commissions in the Reserve.

(5.) Class D of the Reserve shall include qualified medical and dental officers who have previously held commissions as such in the Active Force or the Royal Air Force and are selected by the Air Board for commissions in the Reserve.

(6.) Airmen of Class E of the Reserve shall be grouped in accordance with their qualifications as follows:—

(a)Class E1 shall consist of airmen who have previously served in the Active Force or the Royal Air Force as airmen pilots and have been granted their discharges and are selected by the Air Board for enrolment in the Reserve.

(b) Class E2 shall consist of airmen who have previously served in the Active Force or the Royal Air Force as airmen and have been granted their discharges and are selected by the Air Board for enrolment in the Reserve.

(c) Class E3 shall consist of persons regularly employed in civil aviation who are selected by the Air board for enrolment in the Reserve.

(d)Class E4 shall consist of persons who could not be included in Classes El, E2, or E3 and are selected by the Air Board for enrolment in the Reserve.

Eligibility for Service in Reserve.

455.—(1.) Any person who volunteers may, subject to these Regulations and to conditions approved by the Air Board, be enrolled as prescribed in the Reserve.

(2.) Any person who is appointed to or enlisted in the Active Force under the provisions of these Regulations prescribing a period of service

in the Reserve on termination of a period of service in the Active Force shall be liable to be enrolled in the Reserve on the termination of his period of service in the Active Force.

(3.) Any person who is not eligible by descent for service in the Active Force, or who fails to pass the medical examination approved by the Air Board, shall not be enrolled in the Reserve.

Medical examination.

456. A reservist shall be liable to be medically examined at such place and time and in such manner as is approved by the Air Board.

War Service.

457. In time of war, a reservist shall be liable to be called up for war service in defence of the Commonwealth or a Territory, and shall be liable to be ordered to fly outside the limits of the Commonwealth or a Territory and the territorial waters thereof on any flight of which the points of departure and intended return are within those limits.

Employment with the Active Force.

458.—(1.) A reservist may be permitted, with the approval of the Air Board, to volunteer for a period or periods of service with the Active Force, provided his services are required.

(2.) Periods of service under this regulation shall not exceed a total of three years during enrolment in the Reserve.

(3.) If the Reserve is called out, a reservist serving under this regulation shall be liable to serve for the period for which the Reserve has been called out, or for the period for which he has volunteered, whichever is the longer.

Not required to serve beyond Commonwealth.

459. A reservist shall not without his consent be required to undergo training outside the Commonwealth or a Territory.

Special duties.

460. A reservist shall be liable to be summoned to attend as an air-force member of, or witness at, a court-martial, a court of inquiry, a board or a committee.

Reporting of address.

461. A reservist shall report to the Air Board in writing on the first day of January of each year, giving his address and any particulars required by the Air Board and shall notify as it occurs any change of his address.

Reservists proceeding abroad.

462—(1.) A reservist proposing to leave the Commonwealth or a Territory shall notify the Air Board and obtain permission to proceed abroad and shall state the date of embarkation, the address to which he is proceeding and the probable duration of his absence. On arrival abroad, if outside the British Dominions, he shall forthwith report in writing to the Commonwealth representative in the country of his residence, to whom, as well as the Air Board, any subsequent change of address shall also be notified. A reservist residing within the British Dominions shall advise the Air Board of his movements.

(2.) The appointment or enrolment of a reservist who takes up permanent or protracted residence abroad, shall be terminated.

Not to enter the service of a foreign power.

463. A reservist shall not enter the service of a Foreign Power without the consent of the Air Board, and upon ceasing to be enrolled in the Reserve shall undertake in writing that he will not enter the service of a Foreign Power within five years of so ceasing to be enrolled, without first obtaining the permission of the Air Board.

Enrolment and re-enrolment.

464.—(1.) A person who is enrolled in the Reserve shall engage himself to serve for a period of four years.

(2.) A reservist may be enrolled for further successive periods of four years, provided he is medically fit.

(3.) A reservist, upon enrolment, shall take before an officer or a justice of the peace an oath in accordance with Form 3.

Officers rank on appointment in Reserve.

465. On first appointment an officer—

(a) who has previously held a commission in His Majesty’s Forces shall be appointed with the substantive rank previously held by him; and

(b)who has not previously held a commission in His Majesty’s Forces shall be appointed with the rank of pilot officer, except in special cases and on the recommendation of the Air Board.

Precedence of officers.

466. (1.) An officer of the Reserve shall rank as junior to an officer of the same rank in the Active Force.

(2.) An officer who has previously held a commission in the Active Force shall take precedence with other officers in the rank in which he enters the Reserve according to his seniority in the last substantive rank held by him whilst serving, any interval between the cessation of his service in the Active Force and his entry into the Reserve being deducted from the seniority accorded to him in the Reserve.

(3.) An officer who has not previously held a commission shall take precedence in the Reserve according to the date of his appointment in his rank in the Reserve.

(4.) When called up for service under regulation 457 or serving under regulation 458 an officer of the Reserve shall rank and take command with an officer of the Active Force as though his seniority bore date from the date of his being called up, or of the commencement of his service under regulation 458, as the case may be, or if he is promoted whilst called up, or while serving under regulation 458, from the date of such promotion.

Promotion.

467. An officer of the Reserve shall be eligible for promotion in the Reserve during his service in the Reserve in accordance with the regulations governing promotion in the Active Force.

Resignation of officers.

468.—(1.) An officer may be required to resign his commission for any of the following reasons:—

(a) Failure to carry out the prescribed training;

(b) Inefficiency;

(c) Medical unfitness; or

(d) Misconduct.

(2.) An officer who is liable for service in the Reserve under sub-regulation (2.) of regulation 455, and who is required to resign his commission for the reasons set out in paragraph (a) or (b) of the last preceding sub-regulation or who is permitted to resign his commission shall be liable to pay the sum of twenty pounds for each year by which his service in the Reserve falls short of four years:

Provided that such payment may be waived by the Air Board.

Officers’ retiring age.

469.—(1.) Except in time of war the retiring age for an officer of the Reserve shall be as follows:—

(a) In Class A—
Air commodore..........................................................		57 years.
Group captain............................................................		55 years.
Wing commander.......................................................		48 years.
Squadron leader.........................................................		45 years.
Flight lieutenant.........................................................
Flying officer.............................................................	40 years,
Pilot officer................................................................
and on reaching the retiring age of his rank a reservist, who has suitable qualifications, may at his request and with the approval of the Air Board, be transferred to Class B or C;
(b) In Class B, C, or D—60 years.

(2.) In special cases the Governor-General may extend the ages for retirement of an officer for a period not exceeding two years.

(3.) In time of war the ages for retirement may be extended for an additional period not exceeding the duration of the war and a period of three months thereafter.

Retired List.

470. An officer of the Reserve may be placed upon the Retired List upon completing his period of service or upon reaching the prescribed retiring age.

Airmen—rank on enrolment.

471. On enrolment in the Reserve as an airman, a person—

(a) who has previously served in His Majesty’s Forces shall be granted the last substantive rank previously held by him; and

(b)who has not previously served in his Majesty’s Forces shall be granted such rank as the Air Board determines.

Precedence.

472. An airman of the Reserve shall rank as junior to an airman of the same rank in the Active Force.

Conditions of service.

473. The conditions governing the classification and reclassification, advancement and reduction of airmen in the Reserve shall be as approved by the Air Board.

Discharge prior to expiration of service.

474.—(1.) An airman of the Reserve may, except in time of war and except as provided in the next succeeding sub-regulation, claim his discharge before the expiration of the period of service for which he was enrolled on giving fourteen days’ notice in writing to his commanding officer of his intention to claim his discharge.

(2.) An airman enrolled under the provisions of sub-regulation (2.) of regulation 455 may apply for his discharge before the expiration of the period of service for which he was enrolled. If the Air Board approves of the application such airman may be discharged upon payment of purchase money in accordance with the following scale:—

£
Under 1 years’ service in the Reserve.....................................................	18
Under 2 years’ service in the Reserve.....................................................	12
Under 3 years’ service in the Reserve.....................................................	6
Under 4 years’ service in the Reserve.....................................................	4

 

(3.) In addition to the amounts prescribed in the last preceding sub-regulation an airman obtaining his discharge in pursuance of this regulation may be required to pay the whole of the unexpired value of the free issue of clothing and necessaries.

(4.) Any payment provided by this regulation may be waived or reduced by the Air Board.

Airmen’s retiring age.

475. —(1.) Except in time of war, the age for retirement of an airman in the Reserve shall be as follows:—

Class El....................................................................	40 years.
Class E2, E3, or E4...................................................	55 years.

(2.) An airman in Class El, on reaching the prescribed retiring age may, at his request, be transferred to such other class as is approved by the Air Board.

Training year.

476. The training year for the Reserve shall commence on the first day of July in each year.

Training.

477. A reservist shall be liable to pass such tests of efficiency and other tests for his class and rank as may from time to time be required by the Air Board.

Training requirements.

478. A reservist shall be liable to carry out each year training for his class as follows:—

(a)In Class A or E1, not less than 12 hours solo flying in such manner and on such types of aircraft as may be approved by the Air Board, and such training may be carried out at such unit, civil flying school or aero club as the Air Board may direct; and

(b)In Class B, C, D, or E (other than E1) such period of appropriate voluntary training as the Air Board approves:

Provided that training under this Regulation, shall not be regarded as service within the meaning of regulation 458.

Training may be waived.

479.—(1.) The prescribed training may, with the authority of the Air Board, be waived in any year in which it is not practicable to carry out such training.

(2.) The Air Board may exempt a reservist from the prescribed annual training on such reservist producing satisfactory evidence that by the nature of his employment his flying or air-force efficiency has been maintained at a satisfactory standard.

Uniform.

480.—(1.) When on duty a reservist shall wear such uniform and distinguishing badges as are approved by the Air Board.

(2.) Subject to the last preceding sub-regulation, a reservist shall not wear air-force uniform without the permission of the Air Board.”

21. Regulation 491 is amended by omitting paragraphs (g) and (h) and inserting in their stead the following paragraphs:—

“(g)In relation to the Northern Territory, a special magistrate or a justice of the peace or the sheriff, and if within a corporate town, alternatively, the mayor thereof;

(h)In relation to the Territory for the Seat of Government, including the territory accepted by the Commonwealth in pursuance of the Jervis Bay Acceptance Act 1915, a sheriff or under-sheriff of New South Wales, or a justice of the peace, or, except in the territory that was so accepted, a magistrate within the meaning of the Court of Petty Sessions Ordinance No. 2, 1930.”

22. Regulation 514 is amended by inserting at the end of sub-regulation (2.) the following proviso:—

“Provided that gifts of surplus or unserviceable stores shall not be made without the concurrence of the Department of the Treasury, except gifts for charitable purposes of clothing, blankets, bedding, tentage, messing and cooking utensils, which, on account of wear and tear, are determined by the Air Board to be unserviceable for air-force purposes.”

23. Regulation 515 is amended by omitting from sub-regulation (2.) the words “Second Air Member” and inserting in their stead the words “Air Member for Personnel”.

24. Regulation 518 is amended by omitting from sub-regulation (5.) the words “Second Air Member” and inserting in their stead the words “Air Member for Personnel”.

25. Regulation 538 is amended by omitting from paragraph (f) of sub-regulation (1.) the word “station.” and inserting in its stead the words “station; and”.

26. Regulation 550 is amended by omitting from sub-paragraph (i) of paragraph (a) the word “officers” and inserting in its stead the word “officer’s”.

27. Regulation 646 is amended by inserting after sub-regulation (3.) the following new sub-regulation:—

“(4.) Notwithstanding anything contained in this Division of this Part of these Regulations, a member of the Citizen Air Force, while serving under regulation 445, shall be paid the rates of active pay and deferred pay and receive the allowances prescribed for a member of the same rank in the Permanent Air Force.”

28. Regulation 648 is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) Payment shall not, subject to the next succeeding sub-regulation, be made to a member of the Citizen Air Force for any period in excess of the prescribed number of days training.”

29. Regulation 660 is repealed.

30. Form 3 of The Schedule is amended by omitting the word and figures “Regulation 489” and inserting in their stead the word and figures “Regulation 464”.

 

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