Air Force Regulations (Amendment) (Cth)

STATUTORY RULES.

1931. No. 3.

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REGULATIONS UNDER THE AIR FORCE ACT 1923

I, THE person administering the Government 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 to come into operation forthwith, except as otherwise provided.

Dated this twenty-first day of January, 1931.

SOMERS

Administering the Government of the

Commonwealth of Australia.

By His Excellency’s Command,

A. E. GREEN

Minister of State for Defence.

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Amendment of Air Force Regulations.

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

Eighth Amendment.

1. Regulation 36 is amended by omitting in sub-regulation (2) the words “, and of persons who are liable under Part XII. of the Defence Act to be trained in the Citizen Forces and who volunteer for service in the Citizen Air Force, are selected by the Air Board and are allotted or transferred to the Citizen Air Force”.

2. Regulations 52, 53, 54 and 54a are repealed and the following regulations are inserted in their stead:—

Appointment to General Duties Branch.

“52.—(1.) A commission in the general duties branch of the Permanent Air Force may, on the recommendation of, and subject to the conditions approved by, the Air Board, be granted—

(a)to an officer of the Naval or Military Forces (in this regulation and in regulation 54b called a “seconded officer”) seconded for service in the Air Force under regulation 70;

(b) to an air cadet who has graduated in flying training;

(c) to a university graduate;

(d) to a qualified pilot who has served in His Majesty’s Air Forces;

(e) to an airman pilot;

(f) as prescribed by regulation 55; or

3350.—Price 5d.

 

(g) to a person (in this regulation and in regulation 54b called a “Military College graduate”) who, having been selected and nominated by the Air Board for a cadetship at the Royal Military College of the Commonwealth, graduates therefrom.

(2.) The nature of the commission to be granted under this regulation—

(a)to a Military College graduate who has graduated in flying training or a university graduate shall be for permanent service;

(b) to an air cadet or an airman pilot shall be for short service;

(c) to a seconded officer shall be for temporary service; and

(d) in all other cases shall be determined by the Air Board.

Provided that a Military College graduate shall until he has graduated in flying training be deemed to be seconded to the Air Force from the Military Forces.

(3.) The rank of a person on first appointment to a commission under this regulation shall be that of a pilot officer:

Provided that—

(1) a qualified pilot who has served in His Majesty’s Air Forces may be appointed with such rank as is determined by the Air Board; and

(2) the rank of a seconded officer on appointment to a temporary commission shall be that of flying officer.

(4.) Seniority shall be determined—

(a) by the date of secondment in the case of a Military College graduate and as between two or more Military College graduates seconded on the same day by the results obtained on graduating in flying training;

(b) by the date following the day of graduation in flying training in the case of an air cadet and as between two or more air cadets graduating on the same day by the results obtained on so graduating;

(c)by the date of appointment to a commission in the case of a university graduate, and as between two or more university graduates appointed on the same day by the results obtained on graduating in flying training;

(d) by the Air Board in the case of a seconded officer holding a temporary commission; and

(e) by the date of appointment in all other cases and by the Air Board as between two or more persons appointed on the same day.

Appointment to the Stores and Accounting Branch.

53.— (1.) A commission in the stores and accounting branch of the Permanent Air Force with the rank on appointment of pilot officer may be granted to an approved candidate on the recommendation of, and subject to conditions approved by, the Air Board.

(2.) Seniority of officers appointed under this regulation shall be determined by the date of appointment and as between two or more persons appointed on the same day by the results of the storekeeping and stores accounting subjects of the promotion examination for the rank of flying officer.

Appointment to Medical Branch.

54.—A short service commission in the medical branch of the Permanent Air Force with the rank on appointment not above that of flight lieutenant may be granted to a person registered under the Medical or Dental Acts in force in the Commonwealth or a Territory on the recommendation of, and subject to conditions approved by, the Air Board.

Appointment to Quarter-master Branch.

54a.—A warrant officer or non-commissioned officer of the Permanent Air Force may, on the recommendation of, and subject to conditions approved by, the Air Board, be appointed to be quartermaster and granted a commission in the quartermaster branch of the Permanent Air Force with the rank on appointment of honorary flying officer.

Appointment on probation.

54b.—(1.) Every officer appointed under the provisions of regulation 52, 53 or 54, other than a Military College graduate or a seconded officer, shall in the first instance be appointed on probation only, and may be continued on probation for a period of six months, but his appointment may be terminated at any time during this period.

(2.) After the period of six months has expired, the Air Board may, upon a report from a commanding officer, and in the case of an officer of the medical branch, the Director-General of Medical Services recommend the confirmation or termination of the probationary appointment, or extend the period of probation for a further period:

Provided that—

(1) the whole term of probation shall not in any case exceed—

(a)eighteen months in the case of a university graduate appointed to the general duties duties branch; and

(b) twelve months in all other cases;

(2) a university graduate appointed to the general duties branch shall not be confirmed in appointment until he has graduated in flying training; and

(3) an appointee to the stores and accounting branch shall not be confirmed in appointment until he has passed the storekeeping and stores accounting subjects of the promotion examination for the rank of flying officer.

(3.) The Board, upon a report from the commanding officer, and, in the case of an officer of the medical branch, the Director-General of Medical Services, may at any time during an extended period of probation recommend confirmation or termination of the probationary appointment.

(4.) Upon the expiration of the extended period of probation of any officer whose appointment has not been confirmed or terminated under the provisions of the last preceding sub-regulation, the Board shall recommend the confirmation or termination of the probationary appointment.”

3. Regulation 64 is repealed and the following regulation is inserted in its stead:—

Promotion to Flying Officer.

“64.—(1.) A pilot officer of the general duties branch of the Permanent Air Force may, except as provided in sub-regulation (2.) of this regulation and subject to regulation 61, be promoted

to the rankof flying officer on the completion of six months’ service following graduation in flying training:

Provided that and notwithstanding anything contained in sub-regulation (4.) of regulation 52, the seniority on promotion to the rank of flying officer of an officer in this sub-regulation mentioned shall, where two or more officers are promoted on the same day, be determined by the results obtained on graduating in flying training.

(2.) An airman pilot appointed to a commission under regulation 52 may, subject to regulation 61, be promoted to the rank of flying officer on the completion of six months’ service in the rank of pilot officer.

(3.) A pilot officer of the general duties branch of the Citizen Air Force may, subject to regulation 61, be promoted to the rank of flying officer on the completion of eighteen months’ service, towards which service as an air cadet shall count.

(4.) A pilot officer of the stores and accounting branch may, subject to regulation 61, be promoted to the rank of flying officer on the completion of eighteen months' service in the rank of pilot officer.”

4. Regulation 65 is amended—

(a)by inserting before the words “The promotion” the figure “1” appearing in brackets; and

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

“(2.) A quartermaster and honorary flying officer of the quartermaster branch after five years’ continuous service therein, and a quartermaster and honorary flight lieutenant of the quartermaster branch after ten years’ continuous service therein, including five years’ service in the rank of honorary flight lieutenant, may, without being required to pass an examination, be promoted to quartermaster and honorary flight lieutenant, and quartermaster and honorary squadron leader, respectively.”

5. Regulation 91 is amended by omitting the words “Except as provided in the Defence Act and Regulation 443,”.

6. Regulation 106 is amended by inserting after the words “period of six years” the words “in the case of an airman of the Permanent Air Force, or for a period of one year in the case of an airman of the Citizen Air Force”.

7. Regulation 110 is amended by omitting in sub-regulation (2.) the word “Permanent”.

8. Regulation 111 is amended—

(a) by inserting in sub-regulation (5.) before the words “Under one year’s service” the words “(a)in the case of a member of the Permanent Air Force”; and

(b) by inserting in sub-regulation (5.) the following new paragraph:—

“(b) in the case of a member of the Citizen Air Force—

Under one year’s service .......................................................... £2

Over one year and under two years’ service ............................ £1.”

9. Regulation 150 is amended by inserting after sub-regulation (2.) the following new sub-regulation:—

“(2a.) Where a member of the Permanent Air Force, who is not eligible for long service leave under the last preceding regulation, is permitted to retire or is retired from the Permanent Air Force in pursuance of the decision of the Government to re-organize and retrench the Department of Defence, the Air Board may authorize payment to him of a sum equivalent to the pay for a period of long service leave not exceeding that for which, had he attained the age for retirement or the age of 60 years, he would have been eligible under sub-regulation (1.) of this regulation.”

This sub-regulation shall be deemed to have come into operation as from the 30th day of June, 1930.

10. Regulation 158 is amended—

(a) by omitting in paragraph (e) of sub-regulation (2.) the figures and word “199; and” and inserting in their stead the figures “199.”; and

(b) by omitting paragraph (f) in sub-regulation (2).

Absence of members of the Citizen Air Force when called out by proclamation.

11. After Regulation 179, the following new regulation is inserted:—

“179a. Any member of the Citizen Air Force who, having been required to serve pursuant to a proclamation made under Regulation 445, absents himself from his unit or from the place at which he should be present—

(a)without lawful excuse for any period of seven days or less, shall be guilty of an offence and shall be liable to suffer one or more of the penalties prescribed by Division 10 of Part VI. of these Regulations; or

(b)without leave for a longer period than seven days shall be deemed to be a deserter and shall be liable to the punishment provided for desertion.”

12. Regulation 189 is amended by omitting in sub-regulation (1.) the words and figures “Regulations 471 to 473 (both inclusive)” and inserting in their stead the word and figures “Regulations 445, 446”.

13. Regulation 221 is amended by omitting in paragraph (a)of sub-regulation (1.) the words and figures “187, sub-regulation (1.) of Regulation 447, or sub-regulation (2.) of Regulation 465” and inserting in their stead the word and figures “or 187”.

14. Regulation 228 is amended by omitting in paragraph (b)the words “may be assessed” and inserting in their stead the words “may be awarded”.

15. Regulation 229 is amended by omitting in paragraph (b)the words “may be assessed” and inserting in their stead the words “may be awarded”.

16. Regulation 237 is amended by omitting in paragraph (b)of sub-regulation (2.) the words and figures “299, sub-regulation (1.) of Regulation 447, or sub-regulation (2.) of Regulation 465” and inserting in their stead the word and figures “or 299”.

17. Regulation 238 is amended by omitting in paragraph (b) of sub-regulation (1.) the words and figures “(except in the case of persons liable to training under Regulation 443)”.

18. Regulations 439 and 440 are repealed and the following regulation is inserted in their stead:—

Air fighting gunnery, bombing or similar practice areas.

“439. A ship, boat, aircraft or person shall not come or remain within any area declared by proclamation to be an air fighting, gunnery, bombing or similar practice area whilst any such practice is in progress, or remain in any position so as to obscure such practice.”

19. Regulations 443 to 490 (both inclusive) are repealed and the following regulations are inserted in their stead:—

Service in the Citizen Air Force.

“443.—(1.) The members of the Citizen Air Force are not liable in time of peace to continuous air service but are liable to such air service as is prescribed.

(2.) The Citizen Air Force shall only be liable to be employed on war service when called out for war service by proclamation.

(3.) Nothing in this Regulation shall prevent the employment on war service or any air service of any members of the Citizen Air Force who volunteer for such service.

Leave of absence.

444.—(1.) A commanding officer may grant to a member of the Citizen Air Force leave of absence not exceeding one month in any training year, except where absence from continuous training is involved.

(2.) The Air Board may grant to a member of the Citizen Air Force leave of absence not exceeding twelve months or from continuous training.

Power to call out Citizen Air Force.

445.—(1.) The Governor-General may in time of war, by proclamation, call out the Citizen Air Force or any part thereof for war service.

(2.) The proclamation shall state the reason for calling out the Citizen Air Force.

(3.) If the Parliament is sitting the reason for calling out the Citizen Air Force shall forthwith be communicated by the Governor-General to both Houses of the Parliament.

(4.) If the Parliament is not sitting at the date of issue of the proclamation it shall be summoned to meet within ten days after that date.

Citizen Air Force liable to War Service when called out.

446. The Citizen Air Force or any part thereof shall be liable to be employed on war service from the time of the publication of the proclamation calling out that Force or any part thereof for war service until the publication of a proclamation notifying that the war services of that Force or any part thereof are no longer required.

Citizen Air Force to be returned to districts.

447. Every part of the Citizen Air Force employed on war service shall forthwith after it ceases to be so employed, be returned to the district to which it belongs.

Suspension of Articles of apprenticeship or service.

448. Where any person employed under articles of apprenticeship, or articles of service is on war service with the Citizen Air Force called out under these Regulations, his articles of apprenticeship, or articles of service shall be deemed to be suspended during

the period during which he is on such war service, and if his master refuses to re-employ him or allow him to resume his service under the articles at the conclusion of the war service, the master shall be guilty of an offence, and liable to a penalty of Fifty pounds or imprisonment for six months, or both.

Training periods.

449.— (1.) The training year in the Citizen Air Force shall commence annually on the first day of July.

(2.) The number of whole day parades, or their equivalent, for which pay is allowable in each year shall be—

Training Group.	Continuous Training.	Home Training.
A	16 days	9 days
B	9 „	6 „
C	9 „	3 „

Provided that the duration of a whole day parade shall be not less than six hours, of a half day parade not less than three hours, and of a night parade not less than one hour and a half:

Provided also that whole day parades during continuous training shall include the whole of the 24 hours.

(3.) Where an officer of the Citizen Air Force is employed on staff duties, he shall perform such training as the Air Board from time to time determines, provided that such training periods shall be the equivalent of twenty-five whole day parades annually.

(4.) The allotment of members to the training groups referred to in this regulation shall be as determined by the Air Board.

Alternative parades.

450.—(1.) In addition to the parades prescribed by regulation 449, alternative parades, not exceeding two whole days, or their equivalent, in any half year may be called and attendance at such parades shall count for pay and efficiency, but pay shall not, except as may be otherwise provided, be drawn for more than the number of days prescribed by regulation 449.

(2.) Alternative parades shall as far as practicable be equally distributed throughout the half year.

Voluntary parades.

451.—(1.) In addition to the parades prescribed by regulations 449 and 450, voluntary whole day parades shall be called for each Sunday following a Saturday half day parade for which pay is allowable.

(2.) Voluntary whole day, half day and night parades, in addition to those prescribed by sub-regulation (1.) of this regulation, may be called by a commanding officer.

(3.) Voluntary parades shall not count except as may be otherwise provided for the purposes of pay or as fulfilling the requirements for efficiency prescribed by sub-regulations (2.) and (3.) of regulation 452, but training undergone during voluntary parades shall count towards fulfilling the requirements for efficiency prescribed by sub-regulation (4.) of regulation 452.

 

Requirements for efficiency.

452.—(1.) At the termination of each annual training in the Citizen Air Force each member shall be classified as efficient or non-efficient by his commanding officer. A member who is classified as non-efficient may, at the discretion of the Air Board, be discharged or transferred to the Reserve.

(2.) In order to be classified as efficient a member of the Citizen Air Force shall attend the continuous training for the full period prescribed by regulation 449 and the remaining number of whole-day paid parades or their equivalent necessary to complete the amount of training prescribed by regulation 449 for each year.

(3.) The prescribed parades other than continuous training may be either paid parades or alternative parades as prescribed by Regulation 450.

(4.) In calculating attendances a commanding officer may count—

(a) one whole-day parade in lieu of two half-day or four night parades; or

(b) one half-day parade in lieu of two night parades.

(5.) In addition to the attendance required by sub-regulations (2.) and (3.) of this regulation, a member of the Citizen Air Force shall be required to attain a sufficient standard of proficiency as determined by the Air Board before being classified as efficient.

Supply of uniforms.

453. Air Force uniforms shall be supplied free of charge to all members of the Citizen Air Force.

Enrolment in Air Force Reserve.

454. Any person who obtains his discharge from the Permanent or Citizen Air Force may be enrolled as a member of the Air Force Reserve upon taking before an officer or a Justice of the Peace the oath set forth in Form 3.

Discharge of members of Air Force Reserve.

455. Every member of the Air Force Reserve may, except in time of war, claim his discharge before the expiration of the period of service for which he engaged, on giving fourteen days’ notice in writing to his commanding officer of his intention to claim his discharge.”

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By Authority: H. J. Green, Government Printer, Canberra.