Air Force Regulations (Amendment) (Cth)

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Statutory Rules 1983

No. 196

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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 22 September 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

Commencement

1.These Regulations shall come into operation on 30 September 1983.

Period of enlistment

2.Regulation 92 of the Air Force Regulations is amended—

(a) by omitting “and” from paragraph (1) (aa); and

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

“(b) in the Air Force Active Reserve—for a period of 2 years; and

(c) in the Air Force General Reserve or the Air Force Specialist Reserve—for a period of 5 years”.

3. Regulation 92a of the Air Force Regulations is repealed and the following regulation substituted:

Enlistment in the Air Force Active Reserve in time of war

“92A. Subject to these Regulations, in time of war, any person may be enlisted in the Air Force Active Reserve and be required to engage in service for the duration of the war and 12 months thereafter.”.

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(S.R. 79/83)—Cat. No. Recommended retail price 50c 10/9.9.1983

Re-enlistment in Permanent Air Force after service in time of war in Air Force Reserve

4. Regulation 93a of the Air Force Regulations is amended by omitting from sub-regulation (1) “Citizen Air Force” (wherever occurring) and substituting “Air Force Reserve”.

Cadets—Air Force Reserve

5. Regulation 97a of the Air Force Regulations is amended by omitting from sub-regulation (1) “Citizen Air Force”, and substituting “Air Force Reserve”.

Re-engagement of airmen

6.Regulation 106 of the Air Force Regulations is amended—

(a) by omitting from paragraph (2) (b) “and”; and

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

“(c) in the case of an airman of the Air Force Active Reserve—a period of 2 years; and

(d) in the case of an airman of the Air Force General Reserve or the Air Force Specialist Reserve—a period of 4 years”.

7.Regulations 443 and 444 of the Air Force Regulations are repealed and the following regulations substituted:

Training periods

“443. For the purposes of sub-section 4j (2) of the Act, the Chief of the Air Staff shall determine—

(a) training periods in respect of the Air Force Active Reserve and the Air Force Specialist Reserve; or

(b) different training periods in respect of different parts, or different classes of members, of those Reserves.

Air-force service

“443a. (1) For the purposes of sub-section 4j (2a) of the Act, a member is bound to render in each training period air-force service for such periods as are fixed by the Chief of the Air Staff and applicable to the member.

“(2) For the purposes of paragraph 4j (2b) (a) of the Act, the Chief of the Air Staff may fix different periods of air-force service with respect to different parts of the Air Force Active Reserve and the Air Force Specialist Reserve or different classes of members.

“(3) For the purposes of paragraph 4j (2b) (b) of the Act, the Chief of the Air Staff may exempt—

(a) a particular member; or

(b) members within a specified class of members,

from the obligation to render, during a training period, the whole or part of the air-force service that he or they would otherwise be bound to render during that period.

“(4) The periods of air-force service that a member is bound to render under sub-regulation (1) shall be rendered in accordance with a program that has been approved by the Chief of the Air Staff.

Prescribed authority for the purposes of sub-sections 4j (3) and (4) of the Act

“443b. For the purposes of sub-sections 4j (3) and (4) of the Act, the Chief of Air Force Personnel is the prescribed authority.

Period for the purposes of sub-section 4j (5) of the Act

“443c. The Chief of the Air Staff may fix a period for the purposes of sub-section 4j (5) of the Act.

A kind or kinds of air-force service for the purposes of sub-section 4j (6) of the Act

“443d. The Chief of the Air Staff may fix a kind or kinds of air-force service for the purposes of sub-section 4j (6) of the Act.

Period of service after call out

“443e. In respect of the Air Force Active Reserve and the Air Force Specialist Reserve, the Chief of the Air Staff is the prescribed authority for the purposes of section 50b of the Defence Act 1903.

Air-force service for a period of less than one day

“444. Where a member renders air-force service for a period of less than one day, the member shall, for the purpose of calculating the air-force service that he has rendered, be deemed to have rendered air-force service for—

(a) if the period is not less than 6 hours—one day;

(b) if the period is less than 6 hours but not less than 3 hours—one-half of a day; or

(c) if the period is less than 3 hours but not less than 2 hours—one-third of a day.”.

Discharge from Air Force Active Reserve

8. Regulation 444a of the Air Force Regulations is amended by emitting from sub-regulation (1) “Active Citizen Air Force” and substituting “Air Force Active Reserve”.

Air Force Reserve to be returned to districts

9.Regulation 447 of the Air Force Regulations is amended by omitting “Citizen Air Force” and substituting “Air Force Reserve”.

Repeal of regulation 448

10.Regulation 448 of the Air Force Regulations is repealed.

Repeal of regulation 458

11.Regulation 458 of the Air Force Regulations is repealed.

Reservists proceeding abroad

12.Regulation 462 of the Air Force Regulations is amended by omitting sub-regulation (2) and substituting the following sub-regulation:

“(2) Where a reservist takes up permanent or protracted residence abroad, the Chief of the Air Staff shall—

(a) if he is an officer, recommend the termination of his appointment; or

(b) if he is an airman, discharge him.”.

Repeal of regulation 464

13.Regulation 464 of the Air Force Regulations is repealed.

Precedence of officers

14.Regulation 466 of the Air Force Regulations is amended by omitting sub-regulation (4) and substituting the following sub-regulation:

“(4) When an officer of the Air Force General Reserve or the Air Force Specialist Reserve is rendering continuous full-time air-force service, he shall rank and take command with an officer of the Active Force as though his seniority in his rank were—

(a) the date he commenced that continuous full-time air-force service; or

(b) if he is promoted while so serving, the date of that promotion.”.

Termination of appointment of officers of the Air Force Reserve

15.Regulation 468 of the Air Force Regulations is amended by omitting from sub-regulation (1) “terminate the appointment of an officer of the Reserve” and substituting “recommend the termination of the appointment of an officer of the Air Force Reserve”.

Repeal of regulation 470

16.Regulation 470 of the Air Force Regulations is repealed.

Repeal of regulation 473

17.Regulation 473 of the Air Force Regulations is repealed.

Discharge prior to expiration of service

18.Regulation 474 of the Air Force Regulations is amended—

(a) by omitting “Reserve” and substituting “Air Force General Reserve or the Air Force Specialist Reserve”; and

(b) by adding at the end thereof the following sub-regulation:

“(2) Whenever an airman of the Air Force General Reserve or the Air Force Specialist Reserve claims his discharge under sub-regulation

(1), he shall be discharged as soon as possible but, until he is discharged, he remains an airman of the relevant Reserve.”.

Further amendments

19.The Air Force Regulations are amended as set out in the Schedule.

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SCHEDULERegulations 19

FURTHER AMENDMENTS

Provisions amended

Amendments

Sub-regulation 4 (1)..............

(a) Omit “Reserve” from the definition of “Active Force”, substitute “Air Force General Reserve and the Air Force Specialist Reserve”.

(b) Insert after the definition of “air-force prisoner” the following definition:

“ ‘Air Force Reserve’ means the Australian Air Force Reserve;”.

(c) Omit “a member of the Air Force and includes” from the definition of “member”.

(d) Omit “full-time” from the definition of “reserve member”, substitute “full time air-force”.

(e) Omit “Reserve” from the definition of “Reservist”, substitute “General Reserve or the Air Force Specialist Reserve”.

(f) Omit the definition of “the Reserve”.

Regulation 34.......................

Omit “Active Citizen Air Force”, substitute “Air Force Active Reserve”.

Sub-regulation 51 (3).............

(a) Omit “Citizen Air Force”, substitute “Air Force Reserve”.

(b) Omit “Emergency”, substitute “Emergency”.

Sub-regulation 51 (5).............

Omit “Citizen Air Force” (wherever occurring), substitute “Air Force Reserve”.

Sub-regulation 71 (5).............

Omit “Citizen Air Force”, substitute “Air Force Reserve”.

Sub-regulation 71 (7).............

Omit paragraph (b), substitute:

“(b) an officer of the Air Force Reserve who has volunteered to render continuous full time air-force service,”.

Regulation 87.......................

Omit “Reserve”, substitute “Air Force General Reserve or the Air Force Specialist Reserve”.

Sub-regulation 88 (1aa)........

Omit “Citizen Air Force”, substitute “Air Force Reserve”.

Regulation 89.......................

Omit “Reserve”, substitute “Air Force General Reserve or the Air Force Specialist Reserve”.

Sub-regulation 92 (3).............

Omit “Reserve”, substitute “Air Force General Reserve or the Air Force Specialist Reserve”.

Sub-regulation 93a (1) and paragraph 93a (2) (b)......

Omit “Citizen Air Force” (wherever occurring), substitute “Air Force Reserve”.

Sub-regulation 97a (3)..........

Omit “Citizen Air Force” (wherever occurring), substitute “Air Force Reserve”.

Sub-regulation 118 (3)...........

Insert “full time air-force” after “continuous”.

Sub-regulation 152g (1).........

Omit “Citizen Air Force”, substitute “Air Force Reserve”.

Part VI—Division 5..............

Omit from the heading “Citizen Air Force, substitute “Air Force Reserve.

Paragraph 223 (b), sub-regulations 421 (3), (4) and (5), and 422 (3), (4) and (5)

Omit “Citizen Air Force”, substitute “Air Force Reserve”.

Part VIII................................

Omit “CITIZEN AIR FORCE” from the heading, substitute “AIR FORCE RESERVE”.

SCHEDULE—continued

Provisions amended

Amendments

Sub-regulation 444a (2).........

(a) Omit “Active Citizen Air Force”, substitute “Air Force Active Reserve”.

(b) Omit “that Force”, substitute “that Reserve”.

Sub-regulations 444b (1) and (2) and 446b (1)..............

Omit “Citizen Air Force”, substitute “Air Force Reserve”.

Sub-regulations 452 (1) and (2).......................................

Omit “Active Citizen Air Force”, substitute “Air Force Active Reserve”.

Sub-regulation 452 (2)...........

Omit “the Reserve”, substitute “the Air Force General Reserve”.

Paragraph 452 (2) (a).............

Omit “terminate”, substitute “recommend the termination of”.

Sub-regulations 453a (1) and (2)..................................

Omit “Citizen Air Force”, substitute “Air Force Reserve”.

Sub-regulation 455 (1)...........

Omit “enrolled as prescribed in the Reserve”, substitute “appointed to or enlisted in the Air Force General Reserve or the Air Force Specialist Reserve”.

Sub-regulation 455 (2)...........

(a) Omit “Reserve” (first occurring), substitute “Air Force General Reserve or the Air Force Specialist Reserve”.

(b) Omit “enrolled in the Reserve”, substitute “appointed to or enlisted in the Air Force General Reserve or the Air Force Specialist Reserve”.

Sub-regulation 455 (3)...........

Omit “enrolled in the Reserve”, substitute “appointed to or enlisted in the Air Force General Reserve or the Air Force Specialist Reserve”.

Sub-regulation 462 (1)...........

Omit “it”, substitute “he”.

Regulation 463......................

(a) Omit “enrolled in the Reserve”, substitute “a Reservist”.

(b) Omit “enrolled” (second occurring), substitute “a Reservist”.

Regulation 465 and sub-regulations 466 (1) and (1a)................................

Omit “Reserve”, substitute “Air Force General Reserve or the Air Force Specialist Reserve”.

Sub-regulations 466 (2) and (3) and 468 (2).....................

Omit “Reserve” (wherever occurring), substitute “Air Force General Reserve or the Air Force Specialist Reserve”.

Regulation 471......................

Omit “enrolment in the Reserve as an airman”, substitute “enlistment in the Air Force General Reserve or the Air Force Specialist Reserve”.

Regulation 475......................

Omit “Reserve”, substitute “Air Force General Reserve or the Air Force Specialist Reserve”.

Regulation 492......................

Omit “Citizen Air Force” (wherever occurring), substitute “Air Force Reserve”.

Sub-regulation 527 (1)...........

Omit “Citizen Air Force” from the definition of “member”, substitute “Air Force Reserve”.

Paragraph 530 (4) (i) and sub-regulation 549a (6).........

Omit “Citizen Air Force”, substitute “Air Force Reserve”.

Part XI—Division 12.............

Omit “Citizen Air Force”from the heading, substitute “Air Force Reserve.

Sub-regulations 646 (4) and 647 (2), paragraph 647 (4) (a), sub-regulations 647 (6) and 648 (2) and (3)..........

Omit “Citizen Air Force”, substitute “Air Force Reserve”.

Schedule 1............................

Omit Forms 3 and 3a.

Schedule 2—

Items (n) and (o)...................

(a) Omit from paragraph (2) in Column 3 “Citizen Air Force”, substitute “Air Force Reserve”.

(b) Omit from paragraph (2) in Column 3 “or training”.

Schedule 4............................

Omit from the modification of Chapter XV, Section IV, Paragraph 1138 “Citizen Air Force called up for war service”, substitute “Air Force Reserve called up for service under section 50a of the Defence Act 1903.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 29 September 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, 20, 21, 63 and 170

                            

Printed by Authority by the Commonwealth Government Printer

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