Air Force Regulations (Amendment) (Cth)

STATUTORY RULES.

1928. No.52.

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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 AirForce Act1923, to come into operation as from the thirty‑first day of December, 1927.

Dated this thirteenth day of June, 1928.

STONEHAVEN

Governor‑General.

By His Excellency’s Command,

T. W. GLASGOW

Minister of State for Defence.

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Amendment of Air Force Regulations.

(Statutory Rules 1927, No. 161.)

1. Regulation 38 is amended by omitting the letter “a” appearing in brackets, and inserting in its stead the figure “2” appearing in brackets.

2. Regulation 52 is amended by inserting after paragraph (c) the following paragraphs:—

“(d)Qualified pilots who have served in His Majesty’s Air Forces may be appointed to commissions under conditions approved by the Air Board, subject to the following provisions:—

(i) Their rank and the nature of their commission on appointment shall be as determined by the Air Board; and

(ii) Their appointment shall be on probation for a period of twelve months and shall be confirmed, subject to a satisfactory report from their commanding officer.

(e) Airmen pilots may be selected for appointment to short service commissions under conditions approved by the Air Board, subject to the following provisions:—

(i) Their rank on appointment shall be that of pilot officer; and

(ii) Their appointment shall be on probation for a period of twelve months and shall be confirmed subject to a satisfactory report from their commanding officer at the completion of this period.”

758.—Price 5d.

3. Regulation 53 is amended by omitting in paragraph (c) the words “confirmation of appointment examination” and inserting in their stead the words “storekeeping and stores accounting subjects of the promotion examination for the next higher rank”.

4. Regulation 58 is amended by omitting the word “notification” and inserting in its stead the word “appointment”.

5. Regulation 108 is amended by inserting in sub‑regulation (1) after the word “years” the words “at the expiration of one month”.

6. Regulation 111 is amended by omitting in sub‑regulation (6)—

(a) the word “may” and inserting in its stead the word “shall”;

(b) the words “or any part”; and

(c) the words “uniform and kit” and inserting in their stead the words “clothing and necessaries”.

7. Regulation 120 is amended by omitting paragraphs (a), (b) and (c) of sub‑regulation (3) and inserting in their stead the following paragraphs:—

“(a) 30 days to a member who—

(i) is borne on the authorized establishment for service as crew in an aircraft;

(ii) is regularly employed on flying duties; and

(iii) has completed such number of flying hours and practices as are determined by the Air Board;

(b) 24 days to a member who is not regularly employed on flying duties, but who during the preceding financial year has completed such number of flying hours and practices as are determined by the Air Board; and

(c) 18 days to any other member.”

8. Regulation 128 is amended—

(a) by inserting in sub‑regulation (2) after the words “sick leave” the word “or”;

(b)by omitting in sub‑regulation (2) the words “or furlough”; and

(c) by inserting after sub‑regulation (2) the following new sub‑regulation:—

“(3) In cases of great urgency, the Air Board may grant leave of absence without pay to a member of the Permanent Air Force for a period not exceeding three months, in addition to leave of absence for recreation, and such leave of absence may be counted towards service for the grant of rank on retirement, medals or decorations, sick leave, or long service leave.”

9. Regulation 129 is amended by inserting in sub‑regulation (1) after the words “appears to” the words “it or”.

10. Regulation 163 is amended—

(a) by omitting in paragraph (d)of sub‑regulation (1) the figure “8” appearing in brackets, and inserting in its stead the figure “9” appearing in brackets;

 

(b) by omitting in paragraph (g)the figures “363” and inserting in their stead the figures “364”; and

(c) by omitting in paragraph (h)the word “convinced” and inserting in its stead the word “convicted”.

11. Regulation 170 is amended by inserting in paragraph (c) after the word “British” the words “Dominion or”.

12. Regulation 190 is amended—

(a) by omitting in paragraph (viii) the words “actual of” and inserting in their stead the words “actual or”;

(b)by inserting in paragraph (xl) after the word “officer” (first occurring) the words “warrant officer”;

(c) by inserting in paragraph (xli) after the word “officer” (first occurring) the words “warrant officer”;

(d) by omitting in paragraph (lv) the words “solemn declaration” and inserting in their stead the word “affirmation”.

13. Regulation 192 is amended—

(a) by inserting in paragraph (xxi) after the word “treacherously” (second occurring) the words “or otherwise”; and

(b) by omitting in paragraph (xxix) the words “purchase or” and inserting in their stead the words “purchase of”.

14. Regulation 200 is amended by omitting in sub‑regulation (12) the words “detention barracks” and inserting in their stead the words “place of detention”.

15. Regulation 205 is amended by omitting in sub‑regulation (1) the words “violence of” and inserting in their stead the words “violence or”.

16. Regulation 216 is amended by omitting the words “the same” and inserting in their stead the word “an”.

17. Regulation 218 is amended by inserting in sub‑regulation (5) after the word “Part,” the words “an act of simple drunkenness means”.

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

19. Regulation 221 is amended—

(a) by omitting paragraphs (a) (b) and (c) of sub‑regulation (1) and inserting in their stead the following paragraphs:—

“(a) Regulation 176, 179, 180, 183, 187, sub‑regulation (1) of Regulation 447, or sub‑regulation (2) of Regulation 465; or

(b) Paragraph (i), (ii), (iii), (iv), (xa), (xi), (xii), (xiii), (xiv), (xv), (xvi), (xvii), (xix), (xx), (xxi), (xxiv), (xxvi), (xxix), (xxx), (xxxi), (xxxii),

 

(xxxiii), (xxxiv), (xxxv), (xxxvi), (xliii), (xliv), (xlvii), (xlviii), (xlix), (1), (li), (lii), (liii), (liv), (lvi), (lx), (lxi), or (lxvi) of Regulation 190, or Regulation 191”; and

(b) by omitting paragraphs (a) and (b) of sub‑regulation (3) and inserting in their stead, the following new paragraphs:—

(a)Paragraph (i), (ii), (iii), (iv), (xa), (xii) or (lxvi) of Regulation 190, or paragraph (xix), (xx), (xxi), (xxii), (xxiii), or (xxiv) of Regulation 192; or

(b) Paragraph (xiv), (xv), (xvi), (xvii), (xix), (xx), (xxi), (xxiv), (xxvi), (xxix), (xxx), (xxxi), (xxxii), (xxxiv), (xxxv), (xxxvi), (xliii), or (xliv) of Regulation 190, or paragraph (xxvii), (xxx), (xxxi) or (xxxii) of Regulation 199”.

20. Regulation 222 is amended by omitting the word “officer” (where occurring) and inserting in its stead the word “authority”.

21. Regulation 224 is repealed and the following regulation is inserted in its stead:—

“224. For the purposes of Regulations 221, 222, and 223, the superior authority shall be the Second Air Member, or in the case of a force on war service, an air or other officer commanding.”

22. Regulation 223 is amended by omitting in sub‑regulation (3) the words “ordinary pay” and inserting in their stead the words “pay and allowances”.

23. Regulation 226 is amended by inserting in sub‑regulation (1)after the word “pay” the words “and allowances”.

24. Regulation 228 is amended—

(a) by omitting the words “ordinary pay” (where occurring) and inserting in their stead the words “pay and allowances”;

(b) by omitting in paragraph (b)the word “awarded” and inserting in its stead the word “assessed”; and

(c) by inserting in paragraph (b)after the word “pay” (where occurring) the words “and allowances”.

25. Regulation 229 is amended—

(a) by omitting in paragraph (b)the words “ordinary pay” and inserting in their stead the words “pay and allowances”;

(b) by omitting in paragraph (b) the word “awarded” and inserting in its stead the word “assessed”; and

(c) by inserting in paragraph (b), after the word “pay” (where occurring) the words “and allowances”.

26. Regulation 230 is amended by omitting the words “ordinary pay” and inserting in their stead the words “pay and allowances”.

27. Regulation 233 is amended by inserting in sub‑regulation (2) after the word “years’” the word “commissioned”.

 

28. Regulation 234 is amended by omitting in sub‑regulation (6) the figures “422” and inserting in their stead the figures “423”.

29. Regulation 236 is amended by omitting in sub‑regulation (4)—

(a) the words “Air Member for Personnel” and inserting in their stead the words “Second Air Member”; and

(b) the words “ordinary pay” and inserting in their stead the words “pay and allowances”.

30. Regulation 237 is amended—

(a) by omitting in sub‑regulation (1) the words “Air Member for Personnel” and inserting in their stead the words “Second Air Member”;

(b)by omitting sub‑regulation (2) and inserting in its stead the following sub‑regulation:—

“(2) A charge shall not be dealt with under this regulation except for an offence against any of the following regulations:—

(a) Paragraph (i), (ii), (iii), (iv), (xa), or (lxvi) of Regulation 190, or paragraph (xix), (xx), (xxi), (xxii), (xxiii) or (xxiv) of Regulation 192;

(b)Regulation 176, 180, 183, 299, sub‑regulation (1) of Regulation 447, or sub‑regulation (2) of Regulation 465; or

(c) Paragraph (xiii), (xiv), (xv), (xvi), (xvii), (xix), (xx), (xxi), (xxix), (xxx), (xxxi), (xxxii), (xxxiii), (xxxiv), (xxxv), (xxxvi), (xlii), (xliii), (xliv), (xlvii), (xlviii), (1), (lviii), or (lix) of Regulation 190, paragraph (i) of Regulation 191, or paragraph (xxvi), (xxxii), (xxxiv) or (xliv) of Regulation 192”; and

(c) by omitting in sub‑regulation (4)—

(i) the figures “363” (where occurring) and inserting in their stead the figures “368”; and

(ii) the words “ordinary pay” and inserting in their stead the words “pay and allowances”.

31. Regulation 238 is amended by omitting the figures “432” and inserting in their stead the figures “443”.

32. Regulation 244 is amended by omitting in sub‑regulation (1) the word “may” and inserting in its stead the word “shall”.

33. Regulation 250 is amended by omitting—

(a) the words “to give evidence” and inserting in their stead the words “evidence may be given”; and

(b)the words “to punish him” and inserting in their stead the words “he may be punished”.

34. Regulation 253 is amended by omitting in sub‑regulation (3) the word “and” (first occurring) and inserting in its stead the word “that”.

35. Regulation 255 is amended by omitting in sub‑regulation (1) the words “any area or group” and inserting in their stead the words “any air‑force Area or Group”.

 

36. Regulation 274 is amended by omitting in paragraph (d) the word “their” and inserting in its stead the word “its”.

37. Regulation 298 is amended by omitting in sub‑regulation (2) the words “Naval or Military Board” and inserting in their stead the words “responsible naval or military authority”.

38. Regulation 302 is amended by omitting in sub‑regulation(1) the word “contains” and inserting in its stead the words “shall contain”.

39. Regulation 304 is amended by inserting in sub‑regulation (6) after the word “pay” the words “and allowances”.

40. Regulation 335 is amended by omitting in—

(a) sub‑regulation (1) the figures and words “314 to 326” and “351 to 353” and inserting in their stead the figures and words “319 to 331” and “353 to 358” respectively; and

(b) sub‑regulation (3)—

(i) the figures “353” and inserting in their stead the figures “358”; and

(ii) the figures and word “321, 355, 356, 362, 369, 372 and 373,” and inserting in their stead the figures and word “326, 360, 361, 367, 374, 377 and 378,”

41. Regulation 337 is amended by inserting in sub‑regulation (3) after the words “exigencies of” the word “the”.

42. Regulation 345 is amended by omitting the figure “1” appearing in brackets and inserting in its stead the figure “2” appearing in brackets.

43. Regulation 357 is amended by omitting in sub‑regulation (1) the words “and honourably acquits him of the same” and inserting in their stead the words “or of ‘Not guilty and honourably acquits him of the same’”.

44. Regulation 364 is amended—

(a) by omitting in paragraph (a) of sub‑regulation (i) the letters “vi” appearing in brackets and inserting in their stead the letters “vii” appearing in brackets;

(b) by inserting after sub‑paragraph (v) of paragraph (a) of sub‑regulation (1) the following new sub‑paragraph:—

“(vi) Reprimand or severe reprimand;”;

(c) by omitting in sub‑paragraph (v) of paragraph (b) of sub‑regulation (1) the word “defence” and inserting in its stead the word “offence”; and

(d) by omitting in paragraph (a) of sub‑regulation (2) the figures “189” and inserting in their stead the figures “190”.

 

45. Regulation 367 is amended—

(a) by inserting in sub‑regulation (1)—

(i) after the words “involved in” the word “its”; and

(ii) after the words “entailed by” the word “its”; and

(b) by inserting in sub‑regulation (7) after the words “gravest of” the word “ the”

46. Regulation 370 is amended by omitting in sub‑regulation (1)—

(a) the word “and” (where occurring) and inserting in its stead the word “or”; and

(b) by omitting the figures “184” and “187” and inserting in their stead the figures “190” and “193” respectively.

47. Regulation 373 is amended—

(a) by omitting in paragraph (c) of the table—

(i) the letters “xxviii” appearing in brackets, and inserting in their stead the letters “lvi” appearing in brackets;

(ii) the letters “lvi” appearing in brackets, and inserting in their stead the letters “xxviii” appearing in brackets; and

(iii) the words “not exceeding 89 days” appearing in the second column; and

(b) by inserting in the third column of paragraph (c) of the table the words “not exceeding 89 days”.

48. Regulation 380 is amended—

(a) by inserting in paragraph (a) of sub‑regulation (1) after the words “sentences of a” the word “general”;

(b)by omitting in sub‑regulation (4) the words “this Regulation” and inserting in their stead the words “these Regulations”.

49. Regulation 383 is amended by omitting the word “and” (first occurring).

50. Regulation 386 is amended by inserting in sub‑regulation (2) after the word “confirmed” the words “and if so confirmed”.

51. Regulation 396 is amended by inserting in sub‑regulation (1)—

(a)after the words “these Regulations,” (first occurring) the words “such officer”;

(b) after the words “convene general courts‑martial,” the words “convene a court‑martial”.

52. Regulation 397 is amended by omitting in sub‑regulation (1) the words “This Part” and inserting in their stead the words “This Division of this Part”.

53. Regulation 406 is amended by omitting in sub‑regulation (2) the words “but in such case” and inserting in their stead the words “but in any such case”.

 

54. Regulation 410 is amended by inserting in sub‑regulation (1) after the figures “403,” the words and figures “sub‑regulation (1) of Regulation 408”.

55. Regulation 412 is amended by omitting in sub‑regulation (1) the word “sentence” and inserting in its stead the word “sentenced”.

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

57. Regulation 417 is amended—

(a) by inserting in sub‑regulation (1) after the words and figure “sub‑regulation (6)” the word “of”;

(b) by omitting in paragraph (a) of sub‑regulation (1) the words “Air Member for Personnel” and inserting in their stead the words “Second Air Member”; and

(c) by omitting in paragraph (b)of sub‑regulation (1) the words and figure “or sub‑regulation (1) of this Regulation” and inserting in their stead the words “of this sub‑regulation”.

58. Regulation 422 is amended by inserting in sub‑regulation (7) after the word “Form” the figures “27”.

59. Regulation 424 is amended by omitting in sub‑regulation (2) the words “or released” and inserting in their stead the words “be released”.

60. Regulation 425 is amended by omitting in sub‑regulation (2) the word “bread” (fourth occurring) and inserting in its stead the word “water”.

61. Regulation 426 is amended by omitting in sub‑regulation (1) the word “the” (first and second occurring) and inserting in its stead the word “an”.

62. Regulation 427 is amended—

(a) by inserting in sub‑regulation (11) after the word “form” the figures “38”; and

(b) by omitting in sub regulation (14) the letters “iv” appearing in brackets and inserting in their stead the letters “lv” appearing in brackets.

63. Regulation 434 is amended—

(a) by inserting in sub‑regulation (1) after the word “pay” the words “and allowances”; and

(b) by omitting in sub‑regulation (4) the words “unit works officer” and inserting in their stead the words “Director of Works and Buildings”.

64. Regulation 436 is amended by inserting in sub‑regulation (2) after the word “pay” the words “and allowances”.

65. Regulation 443 is amended by omitting the words “Citizen Air Forces” (first occurring) and inserting in their stead the words “Citizen Forces”.

66. Regulation 445 is amended by inserting after the word “may” the word “at”.

 

67. Regulation 447 is amended—

(a) by omitting in sub‑regulation (1) the words “Air Force” and inserting in their stead the words “Citizen Air Force”;

(b) by inserting in sub‑regulation (1) after the words “notify his address” the words “to his Commanding Officer”; and

(c) by omitting in sub‑regulation (2) the words “send such forms when so required” and inserting in their stead the words “transmit such forms as required”.

68. Regulation 456 is amended by omitting the words “the camp” and inserting in their stead the words “the annual camp”.

69. Regulation 464 is amended by inserting after the word “during” the words “the period during which he is attending”.

70. Regulation 483 is repealed and the following Regulation is inserted in its stead:—

“483. Where a member of the Citizen Air Force has voluntarily enlisted under Regulation 461, leave of absence may be granted under like conditions to those prescribed in Regulations 479 and 480, subject to the following provisions:—

(a) A commanding officer may grant leave of absence not exceeding one month to officers and not exceeding three months to airmen under his command; and

(b) Applications for leave of absence—

(i) in excess of the periods specified in this Regulation; or

(ii) over the period during which the annual camp of continuous training is to be held,

shall be submitted to the Air Board for decision.”

71. Regulation 486 is amended by omitting the words “the officers authorized by these Regulations to waive them,” and inserting in their stead the words “a prescribed officer”.

72. Regulation 487 is amended by omitting in sub‑regulation (2) the figures “485” and inserting in their stead the figures “486”.

73. Regulation 488 is amended by inserting before the words “Any commanding officer” the words “When not on war service”.

74. Regulation 500 is amended by omitting in sub‑regulation (3) the word “sent” and inserting in its stead the word “send”.

75. Regulation 503 is amended by omitting in sub‑regulation (1) the words “and air forces are engaged” and inserting in their stead the words “and any air forces engaged”.

76. The Schedule is amended—

(a) by omitting in Form 8—

(i) the figures “246” and inserting in their stead the figures “245”;

(ii) by omitting the words “into custody” and inserting in their stead the words “into air‑force custody”;

 

(b) by omitting in Form 9—

(i) the figures “250” and inserting in their stead the figures “258”; and

(ii) the words “has been” and inserting in their stead the words “shall be”;

(c) by inserting at the end of Form 12 the following words:—

“Signed at......this......day of......19...

(Signature of confirming authority)”;

(d) by inserting in Form 13 after the words “(I am of opinion that three officers are not available, having due regard to the public service)” the following words:—

“Signature......................................

(Rank and appointment)”;

(e) by omitting in the table in Form 13 the words “ordinary pay” and inserting in their stead the words “pay and allowances”;

(f) by omitting in Form 18 the words and figure “Form No. 6” and inserting in their stead the word and figures “Form 19”;

(g) by omitting in Form 19—

(i) the words “a soldier” and inserting in their stead the words “an airman”; and

(ii) the words “Chief in charge” and inserting in their stead the words “Chief Officer in charge”;

(h) by omitting in Form 21 the word and figure “Form 9” and inserting in their stead the word and figures “Form 22”;

(i) by omitting in Form 24 the figures “228” and inserting in their stead the figures “234”;

(j) by inserting in Form 24 after the words and figures “was at..........on the..........day of.......... 19...” the words “awarded by his Commanding Officer detention for”;

(k) by omitting in Form 25 the figures “469” and inserting in their stead the figures “468”;

(l) by inserting in Form 25 after the words “Air Force Regulation” (second occurring) the figures “443”;

(m) by inserting in Form 26 before the words

“ court‑martial

award of his commanding officer

a court of summary jurisdiction ”

the word “by”;

(n) by inserting in Form 29 after the words “all other officers” the words “warrant officers”;

(o) by omitting in form 31 the word “jurisdiction” (second occurring);

(p) by inserting in Form 32 after the words “under Regulation” the figures “199”; and

(q) by inserting in Form 33 after the words “under Regulation” the figures “413”.

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