Air Force Regulations (Amendment) (Cth)

STATUTORY RULES.

1933. No. 46

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REGULATIONS UNDER THE AIR FORCE ACT 1923.

I, THEGOVERNOR-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 twenty-ninth day of March, 1933.

Governor-General.

By His Excellency’s Command,

Amendment of Air Force Regulations.

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

1. Regulation 2 is amended—

(a) by omitting the figures “571.” and inserting in their stead the figures and letter “571a.”; and

(b)by inserting at the end thereof the following words and figures:—

“Part XIII.—Medals—Regulations 681-685.”

2. Regulation 4 is amended by omitting from the definition of “Defence” the figures “1927” and inserting in their stead the figures “1932”.

3. Regulation 180 is amended by inserting after sub-regulation (1.) the following new sub-regulation:—

“(1a.) In any prosecution under this regulation for failure to deliver up when lawfully required so to do any arms, accoutrements or other air-force articles belonging to the Commonwealth or to any unit—

(a) if it is proved to the satisfaction, of the Court that any such article was in the possession of the defendant at any time prior to the time at which he was required to deliver up the article, he shall be deemed, in the absence of proof by him of the lawful disposal of the article, to have continued in possession of the article up to the time when he was required to deliver up the article; and

(b)inability to deliver up the article shall not be a defence unless the defendant proves to the satisfaction of the Court that such inability did not arise from any negligence or wrongful act or omission on his part.”

454.—Price 3d.

4.Regulation 531 is repealed and the following regulations are inserted in its stead:—

Pay on provisional promotion.

“531. An officer promoted provisionally to a higher rank may receive the minimum pay of such higher rank and thereafter one increment as prescribed:

Provided that he shall not receive a second increment until he is confirmed in the higher rank.

Authority for payment of higher rate on promotion or remuster.

531a. The notification—

(a) in the Commonwealth Gazette of the promotion of an officer;

(b)in Head-quarters Routine Orders of the promotion or remustering of an airman of the Permanent Air Force; and

(c) in unit routine orders of the reclassification of an airman of the Permanent Air Force and of the promotion, remustering, or reclassification of an airman of the Citizen Air Force,

shall be sufficient authority for the payment of the prescribed minimum rate for such rank or mustering provided that funds are available.”

5. Regulation 538 is amended by inserting in sub-regulation (1.) the following new paragraph:—

“(g) uniform upkeep allowance shall be paid.”

6. Regulation 546 is amended by omitting the words and figures “Financial Emergency Acts 1931” (where occurring) and inserting in their stead the words and figures “Financial Emergency Act 1931-1932”.

7. Regulation 564 is amended by omitting from sub-regulation (2.) the words “above deductions” and inserting in their stead the words “deductions prescribed by the last preceding sub-regulation”.

8. After Regulation 571 the following new regulation is inserted:—

Ration allowance for members attached to Naval Forceson recreation leave.

“571a. When rations in kind are not supplied to a member attached to a vessel of the Naval Forces during periods of approved recreation leave exceeding 48 hours a ration allowance of two shillings and threepence per day may be paid:

Provided that such allowance shall not be paid during periods of week-end leave.”

9. Regulation 575 is amended—

(a) by omitting from sub-regulation (2.) the words “or airman”; and

(b)by inserting after sub-regulation (2.) the following new sub-regulation:—

“(3.) A uniform upkeep allowance of sixpence per day shall be paid to each airman of the Permanent Air Force.”

10. After Regulation 603 the following new regulation is inserted:

Fares of members attached to Naval Forces.

“603a. Subject to conditions approved by the Air Board, a member attached to a vessel of the Naval Forces may be granted transport between such vessel and his home at public expense.”

11. Regulation 630 is amended by omitting paragraph (d) and inserting in its stead the following paragraph:—

“(d)Dental treatment shall not include the supply of precious metals at public expense.”

12. Regulation 669 is amended by omitting the word “provision” and inserting in its stead the word “provisions”.

13. Regulation 679 is amended by omitting from sub-regulation (2.) the words “not exceeding” and inserting in their stead the words “by an amount equivalent to”.

14. After Part XII., the following new Part is inserted:—

“Part XIII.—Medals.

Award of Long Service and Good Conduct Medals.

681.—(1.) The long service and good conduct medal may, on the recommendation of the Air Board, be awarded to an airman of the Permanent Air Force, who has completed at least eighteen years permanent air-force service. During the last twelve years of that service his character must have been continuously “Very Good”. Even when an airman is eligible in all respects, regard shall be had to his conduct and character throughout his career and the number and nature of offences recorded in his conduct sheets, irrespective of the punishments which may have been awarded.

(2.) A quartermaster holding an honorary commission in the Permanent Air Force and a warrant officer of the Permanent Air Force holding an honorary commission may be awarded the long service and good conduct medal under the conditions prescribed in the case of an airman.

(3.) An airman who re-enlists in the Air Force within five years of discharge and acknowledges his former service on re-enlistment, shall be allowed to reckon as qualifying service for the long service and good, conduct medal, the whole of the previous service which he was entitled to count as qualifying service on discharge.

(4.) Any person who enlists in the Permanent Air Force immediately after discharge from the Permanent Naval or Military Forces shall be allowed to reckon as qualifying service for the long service and good conduct medal the whole of his previous service in these Forces.

(5.) Service in the Naval or Military Forces allowed to count under the last preceding sub-regulation shall be subject to the conditions laid down for the long service and good conduct medal in the Naval and Military Forces respectively.

(6.) An airman who within five years of discharge from the Permanent Naval or Military Forces enlists in the Permanent Air Force and acknowledges his former service on such enlistment, shall be allowed to reckon as qualifying service for the long service and good conduct medal service in the Permanent Naval or Military Forces, not exceeding four years, provided such service was continuous and immediately preceded his discharge and fulfilled the conditions governing the award of the Naval or Military long service and good conduct medal respectively.

(7.) An airman with previous permanent service in the Naval, Military or Air Forces, but who was discharged from these Forces on medical grounds, may be allowed to reckon all his former service on the authority of the Air Board, without limitation as to its length, or as to break between the two services, provided that it otherwise fulfils the conditions laid down in the last preceding sub-regulation.

(8.) Subject to this regulation, service in any of His Majesty’s Permanent Forces may be counted for the purpose of calculating qualifying service for the award of the long service and good conduct medal in the same manner as if such service were service in the Naval or Military Forces.

(9.) An airman who has been found guilty by court-martial of fraudulent enlistment shall be ineligible for the long service and good conduct medal and, subject to the next succeeding sub-regulation, shall not be recommended.

(10.) The Air Board may consider the case of any airman who would be excluded under the last preceding sub-regulation but who may be specially recommended on account of his having shown highly exemplary conduct in action against the enemy or otherwise.

Long Service and Good Conduct Medal—Forfeiture.

682.—(1.) Any member who suffers death by sentence of court-martial, or, if an officer, is dismissed or removed for misconduct from the Air Force, or, if an airman, is discharged in consequence of having been convicted by the civil power of a felony, or misconduct, or a sentence of penal servitude or imprisonment exceeding two years, or a sentence to be discharged with ignominy, shall, forfeit any long service and good conduct medal of which he is in possession, or to which he may be entitled.

(2.) Any member who is convicted by the civil power or is discharged by a Court in pursuance of any law enabling it to discharge an offender without recording a conviction, shall be liable, on the recommendation of the Air Board to forfeit any long service and good conduct medal of which he may be in possession, or to which he may be entitled.

(3.) if the conduct of an officer or airman, who has earned the long service and good conduct medal, has after the award thereof, been such as to disqualify him from wearing the medal, be shall be liable, on the recommendation of the Air Board, to forfeit such medal.

Long Service and Good Conduct Medal—Restoration.

683. A long service and good conduct medal which has been forfeited under these Regulations, may be restored on the recommendation of the Air Board.

War Medals—Forfeiture.

684.—(1.) Any person who suffers death by sentence of court-martial, or, if an officer, is dismissed or removed for misconduct from the Air Force, or if an airman, is discharged in consequence of having been convicted by the civil power of a felony, or misconduct, or a sentence of penal servitude or imprisonment exceeding two years, shall forfeit all war medals of which he is in possession or to which he may be entitled.

(2.) Any member who is convicted by the civil power or is discharged by a Court in pursuance of any law enabling it to discharge an offender without recording a conviction, shall be liable to forfeit, at the discretion of the Air Board, any war medal of which he is in possession or to which he may be entitled.

War Medals—Restoration.

685. Any war medal forfeited by amember under these Regulations may be restored to him by the Air Board.”

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