Air Force Regulations (Amendment) (Cth)

Statutory Rules 1983 No. 2841

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Air Force Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the: Federal Executive Council, hereby make the following Regulations under the Air Force Act 1923.

Dated 18 November 1983.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Minister of State for Aviation for and on behalf of the Minister of State for Defence

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Principal Regulations

1. In these Regulations, “Principal Regulations” means the Air Force Regulations.

Promotion of officers subject to conditions

2. Regulation 65 of the Principal Regulations is amended—

(a) by omitting from sub-regulation (1) all words from and including “unless” and substituting the following:

“unless they have complied with either or both of the following conditions, namely—

(f) that they have served for a specified period—

(i) in a specified rank; or

(ii) in a specified rank in a specified part of the Air Force;

(g) that they have successfully completed the course of study, or courses of study, designated in the instrument.”;

(b) by omitting paragraph (3) (a) and substituting the following paragraphs:

“(a) the skills and experience required for the proper performance of duties in particular ranks or in particular parts of the Air Force;

(ab) the most appropriate means (that is, whether through service in a particular rank or in a particular rank in a particular part

 

S.R.168/83 Cat. No. Recommended retail price 20c 10/14.10.1983

of the Air Force, or completion of a particular course of study, or a combination of both) and the time required for officers to acquire those skills or that experience;” and

(c) by inserting in sub-regulation (4) “, (ab)” after “(3) (a)”.

3. After regulation 65 of the Principal Regulations the following regulation is inserted:

Provisional promotion

“65AA. (1) Notwithstanding the provisions of a determination under sub-regulation 65 (1), the Governor-General may provisionally promote an officer who, by reason that he has not successfully completed a course of study designated in the determination, is not eligible for promotion.

“(2) Where an officer who has been provisionally promoted in accordance with sub-regulation (1) successfully completes, within the period of 2 years commencing on the date of his provisional promotion, the course of study referred to in that sub-regulation in relation to the officer, the Chief of the Air Staff shall issue a certificate in writing to that effect.

“(3) Where the Chief of the Air Staff issues a certificate under sub-regulation (2) in relation to an officer who has been provisionally promoted, the provisional promotion of that officer is, by force of this regulation, confirmed.

“(4) Where an officer who has been provisionally promoted in accordance with sub-regulation (1), does not, within the period of 2 years commencing on the date of his provisional promotion, successfully complete the course of study referred to in that sub-regulation in relation to the officer, the Governor-General shall cancel the provisional promotion of the officer.

“(5) Where the provisional promotion of an officer is cancelled in accordance with sub-regulation (4), the officer reverts to the substantive rank that he held immediately before he was provisionally promoted and the period during which he served in the higher rank to which he had been provisionally promoted shall, for the purposes of these Regulations, be deemed to form part of the period of service of the officer in the first-mentioned rank.

“(6) Where the Governor-General has (whether before or after the commencement of this regulation), in pursuance of regulation 45A, delegated to a person his power under regulation 45 to promote officers of the Air Force, that person, unless the Governor-General otherwise directs, may exercise the powers and perform the functions that by this regulation are vested in the Governor-General.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 25 November 1983.

2. Statutory Rules 1927 No. 161 as amended to date. For previous amendments see Note 2 to Statutory Rules 1983 No. 12 and see also Statutory Rules 1983 Nos. 12, 15, 63, 170, 196, 259 and 271

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