Air Force Regulations (Amendment) (Cth)

STATUTORY RULES

1972 No. 54

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REGULATIONS UNDER THE AIR FORCE ACT 1923-1965.*

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 Air Force Act 1923-1965.

Dated this twenty-seventh day of April, 1972.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

(Sgd.) TOM DRAKE-BROCKMAN

Minister of State for Air.

––––––[

Amendments of the Air Force Regulations 

Proportionate long service leave.

1. Regulation 150 of the Air Force Regulations is amended—

(a) by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) Where a member of the Permanent Air Force, or a member of the Citizen Air Force or the Air Force Emergency Force serving on continuous full-time service with the Permanent Air Force, whose period of service is not less than four years but less than fifteen years is to retire upon attaining, or after having attained, the age for retirement, the Air Board may grant to the member leave of absence, to be taken immediately before he retires, for long service on full pay—

(a) where the period of service of the member is not less than four years but is less than eight years—for a period of two months;

(b) where the period of service of the member is not less than eight years but is less than ten years—for a period of three months; or

(c) where the period of service of the member is not less than ten years—for a period calculated at the rate of three-tenths of a month for each year of that service.”;

(b) by omitting sub-regulation (3.) and inserting in its stead the following sub-regulations:—

“(3.) Where—

(a) the appointment, of a member of the Permanent Air Force, or of a member of the Citizen Air Force, or the Air Force Emergency Force serving on continuous full-time service with the Permanent Air Force, who is an officer and has not attained the age for his retirement is terminated; or

(b) a member of the Permanent Air Force, or of the Citizen Air Force or the Air Force Emergency Force so serving, who, not being an officer, has not attained that age is discharged,

 

* Notified in the Commonwealth Gazette on 1972.

Statutory Rules 1972, No. 161, as amended to date. For previous amendments of the Air Force Regulations see footnote to Statutory Rules 1972, No. 10; and see also Statutory Rules 1972, No. 16.

20309/71—Price 15c 10/22.3.1972

 

after completing not less than four but less than fifteen years’ service and the termination or discharge is on the ground that he is medically unfit for further service in the Air Force and the unfitness is not due to misconduct or to causes within his own control, the Air Board may authorize payment to him of a sum not exceeding the amount of his pay, at the rate payable immediately before his retirement, for a period equal to the period of leave of absence which he could have been granted under sub-regulation (1.) of this regulation if he had attained the age for his retirement.

“(3a.) Where—

(a) a member of the Permanent Air Force, or a member of the Citizen Air Force serving on continuous full-time service with the Permanent Air Force, being an officer, resigns after he has completed not less than ten but less than fifteen years’ service or, being an airman, is discharged for the following reason, namely, that he has requested his discharge, after he has completed not less than ten but less than fifteen years’ service;

(b) the member is not eligible for leave under sub-regulation (1.) of this regulation or to receive a payment under sub-regulation (2.) of this regulation; and

(c) his resignation or discharge is caused by domestic or other pressing necessity,

the Air Board may authorize payment to the member of a sum not exceeding the amount of his pay, at the rate payable immediately before his resignation or discharge, for a period calculated at the rate of three-tenths of a month for each year of that service.

“(3b.) A reference in the next two succeeding sub-regulations to a member who is retrenched shall be read as a reference to a member—

(a) who is discharged from the service;

(b) who is transferred to the Air Force Emergency Force or the Citizen Air Force; or

(c) whose appointment in the Service is terminated,

on the ground that the member cannot be usefully employed in the Air Force because that Force is being retrenched.

“(3C.) Where a member who, on the twenty-sixth day of October, 1966, had completed not less than ten years’ service is retrenched, the Air Board may authorize payment to him, if he has completed less than fifteen years’ service, of a sum not exceeding the amount of his pay, at the rate payable immediately before he is retrenched, for a period—

(a) if he has completed not less than ten but less than twelve years’ service—of three months; or

(b) if he has completed not less than twelve but less than fifteen years’ service—of four months.

“(3d.) Where a member who—

(a) on the twenty-fifth day of October, 1966, had completed less than ten years’ service; or

(b) was not a member at that date, is retrenched, the Air Board may authorize payment to him of a sum not exceeding the amount of his pay, at the rate payable immediately before he is retrenched, for a period—

(c) if he has completed not less than four but less than eight years’ service—of two months;

(d) if he has completed not less than eight but less than ten years’ service—of three months; or

(e) if he has completed not less than ten but less than fifteen years’ service—calculated at the rate of three-tenths of a month for each year of that service.”;

(c) by omitting from sub-regulation (4.) the words “the last preceding sub-regulation” and inserting in their stead the words “sub-regulation (3.) of this regulation”; and

(d) by omitting sub-regulation (5.).

(2.) Sub-regulation (2.) of regulation 150 of the Air Force Regulations applies in relation to a member—

(a) who, on or after the twenty-sixth day of October, 1966, ceased to be a member on or subsequent to his attaining the age for his compulsory retirement; and

(b) who had completed not less than four but less than eight years’ service immediately prior to his ceasing to be a member,

as if sub-regulation (1.) of regulation 150 of the Air Force Regulations as amended by the last preceding sub-regulation had come into operation on that date.

(3.) Where—

(a) on or after the twenty-sixth day of October, 1966, and before the commencement of these Regulations, a member retired on or subsequent to his attaining the age for his retirement;

(b) the member had completed not less than ten years’ service immediately prior to his retirement;

(c) the Air Board has granted leave, or has authorized, or is empowered to authorize, payment in lieu of leave, to the member under regulation 150 of the Air Force Regulations; and

(d) the period of leave that the Air Board would have been empowered to grant to him under that regulation if these Regulations had come into operation on that date exceeds the period of leave that the Air Board was empowered to grant to the member under than regulation,

the Air Board may, by virtue of this sub-regulation, authorize payment to the member of a sum, not exceeding his pay at the rate payable immediately before his retirement, which the member would have received if he had been granted leave on full pay for a period or additional period equal to the excess.

(4.) Sub-regulation (3.) of regulation 150 of the Air Force Regulations as amended by these Regulations applies in relation to a member—

(a) who ceased to be a member on or after the seventeenth day of November, 1967;

(b) who had completed not less than four but less than eight years’ service immediately before he ceased to be a member; and

(c) who was not entitled to a payment on ceasing to be a member under regulation 150 of the Air-Force Regulations as in force on the date on which he ceased to be a member,

as if it had come into force on the seventeenth day of November, 1967.

(5.) Where—

(a) on or after the twenty-sixth day of October, 1966, and before the commencement of these Regulations—

(i) the appointment of a member, being an officer, was terminated; or

(ii) a member, not being an officer, was discharged,

before he attained the age for his retirement and the termination or discharge was on the ground that he was medically unfit for further service in the Air Force;

(b) the member had completed not less than ten years’ service immediately prior to his ceasing to be a member;

(c) the Air Board has authorized, or is empowered to authorize, a payment to the member under regulation 150 of the Air Force Regulations; and

(d) the sum that would have been payable to the member under that regulation if these Regulations had come into operation on that date exceeds the sum paid or payable to the member under that regulation;

the Air Board may, by virtue of this sub-regulation, authorize payment to the member of a sum equal to the excess.

(6.) Where—

(a) a member has died on or after the twenty-sixth day of October, 1966, and before the commencement of these Regulations;

(b) the member had completed not less than ten years’ service immediately prior to his death;

(c) theAir Board has authorized, or is empowered to authorize, a payment to the dependants of the member under regulation 150 of the Air Force Regulations; and

(d) the sum that would have been payable to the dependants of the member under that regulation if these Regulations had come into operation on that first-mentioned date exceeds the sum paid or payable to the dependants of the member under that regulation,

the Air Board may, by virtue of this sub-regulation, authorize payment to the dependants of the member of a sum equal to the excess.

(7.) Sub-regulation (3a.) of regulation 150 of the Air Force Regulations as amended by these Regulations applies in relation to a member who resigned ox was discharged on or after the twenty-sixth day of October, 1966, as if it had come into force on that day.

(8.) Where, but for the operation of sub-regulation (5.) of regulation 150 of the Air Force Regulations, the Air Board would have been empowered by sub-regulation (4.) of that regulation to authorize the payment of a sum to the dependants of a member who died on or after the seventeenth day of November, 1967, the Air Board may, by virtue of this sub-regulation, authorize the payment of that sum to those dependants as if sub-regulation (5.) had been omitted on that date.

(9.) Where, by virtue of sub-regulation (2.), (3.), (4.), (5.) or (7.) of this regulation, the Air Board may authorize-payment of a sum to a member and that member has died, the Air Board may authorize payment of that sum to the member’s legal personal representatives on behalf of his estate.

Meaning of “period of service” in regulations 149 and 130.

2.—(1.) Regulation 152C of the Air Force Regulations is amended—

(a) by omitting from paragraph (d) of sub-regulation (1.) the word “or”;

(b) by adding at the end of paragraph (e) of that sub-regulation the following paragraphs:—

“; (f) the Public Service of the Territory of Nauru; or

(g) the service of the Republic of Nauru, including full-time service in the armed forces of that country,”;

(c) by omitting from sub-regulation (2.) the word and letter “and (e)” and inserting in their stead the words “, (e), (f) and (g)”;

(d) by omitting from sub-regulation (3.) the word and letter “or (e)” and inserting in their stead the words “, (e), (f) or (g)”;

(e) by adding at the end of paragraph (b) of sub-regulation (4.) the word “or”;

(f) by omitting from paragraph (c) of sub-regulation (4.) the word “or” (last occurring);

(g) by omitting paragraph (d) of sub-regulation (4.);

(h) by omitting from paragraph (a) of sub-regulation (5.) the word “or” (last occurring);

(i) by inserting after paragraph (a) of sub-regulation (5.) the following paragraph:—

“(ab) a period or periods of absence from the service of the Commonwealth or an authority of the Commonwealth on or after the seventeenth day of November, 1967, if the member absented himself from work at the commencement of such a period by reason of ill-health, not being ill-health due to his misconduct or to causes within his own control; or”; and

(j) by inserting after sub-regulation (6.) the following sub-regulation:—

“(6a.) Paragraph (ab) of sub-regulation (5.) of this regulation does not apply in relation to a period of absence of a member from the service of the Commonwealth or an authority of the Commonwealth unless the member rejoins the service of the Commonwealth or such an authority within twelve months after he becomes capable of returning to work with the Commonwealth or such an authority.”.

(2.) The period of service of a member for the purpose of the next succeeding sub-regulation is the period that would be the period of service of the member in accordance with regulation 152C of the Air Force Regulations if—

(a) the paragraph (f) added to sub-regulation (1.) of regulation 152C of the Air Force Regulations by the last preceding sub-regulation had been so added on the thirtieth day of January, 1966, and the consequential amendments of sub-regulations (2.) and (3.) of that regulation effected by the last preceding sub-regulation had also come into operation on that date;

(b) the paragraph (g) added to sub-regulation (1.) of regulation 152C of the Air Force Regulations by the last preceding sub-regulation had been so added on the thirty-first day of January, 1968, and the consequential amendments of sub-regulations (2.) and (3.) of that regulation effected by the last preceding sub-regulation had come into operation on that last-mentioned date; and

(c) the amendments of that regulation effected by paragraphs (h), (i) and (j) of the last preceding sub-regulation had come into operation on the seventeenth day of November, 1967.

(3.) Where—

(a) a member ceased to be a member or died on a day before the commencement of these Regulations; and

(b) the Air Board would, if his period of service on that day had been equal to his period of service for the purpose of this sub-regulation, have been empowered, under regulation 149 or 150 of the Air Force Regulations or the last preceding regulation, to authorize payment to him or to his dependants, as the case may be, of a sum in excess of the sum (if any) that the Air Board was so empowered to authorize payment to him or to his dependants,

the Air Board may, by virtue of this sub-regulation, authorize payment to him, or, if he has died since ceasing to be a member, to his legal personal representatives on behalf of his estate, or to his dependants, as the ease may be, of a sum equal to the excess.

Decoration—monetary grants and annuities.

3. Regulation 542a of the Air Force Regulations is amended—

(a) by inserting in sub-regulation (2.), after the words “Victoria Cross”, the words “or the George Cross”;

(b) by inserting after that sub-regulation the following sub-regulations:—

“(3.) Where a member in receipt of a grant under the last preceding sub-regulation dies before he has been paid instalments of his grant amounting in the aggregate to One hundred and twenty-five dollars, a sum equal to the amount by which the aggregate of those instalments is less than One hundred and twenty-five dollars is payable to his legal personal representatives on behalf of his estate.

“(4.) Where the decoration of the Victoria Cross or the George Cross is conferred posthumously on a deceased member, an amount of One hundred and twenty-five dollars is payable to his legal personal representative on behalf of his estate.”; and

(c) by omitting from sub-regulation (6.) the words “the deceased member’s estate” and inserting in their stead the words “his legal personal representatives on behalf of his estate”.

Gratuity—Long Service and Good Conduct Medal.

4. Regulation 542b of the Air Force Regulations is amended by omitting from sub-regulation (2.) the words “the deceased member’s estate” and inserting in their stead the words “his legal personal representatives on behalf of his estate”.

Education Allowance.

5.—(1.) Regulation 634 of the Air Force Regulations is amended—

(a) by omitting from paragraph (6) of the definition of “child” in sub-regulation (1.) the word “eighteen” and inserting in its stead the word “twenty”;

(b) by omitting from paragraph (a) of sub-regulation (3.) the words “One thousand two hundred and five dollars” and inserting in their stead the words “One thousand four hundred and forty-five dollars”;

(c) by omitting from paragraphs (b) and (c) of sub-regulation (3.) the words “Two hundred and eight dollars thirty-three cents” and inserting in their stead the words “Two hundred and twenty-six dollars sixty-six cents”;

(d) by omitting sub-regulation (4.) and inserting in its stead the following sub-regulations:—

“(3a.) Where a child of a member attends a school as a boarder for the whole or part of a school year, the amount of education allowance payable in relation to the attendance of the child is the amount of One thousand four hundred and forty-five dollars or, if that amount is greater than the prescribed amount in relation to the child, an amount not less than the prescribed amount in relation to the child.

“(3b.) For the purpose of the last preceding sub-regulation, the prescribed amount, in relation to a child of a member who attends a school as a boarder for the whole of a school year, is an amount equal to the sum of any amounts paid or payable by the member, in relation to the attendance of the child at the school during the year, by way of—

(a) tuition fees, being tuition fees Ordinarily payable to the school in respect of children at the stage of education reached by the child;

(b) boarding fees;

(c) an entrance fee payable upon a child being accepted as a student or boarder at the school; and

(d) other fees or charges, being school fees or charges that parents are required to pay to the school in respect of the attendance of their children at the school.

“(3c.) For the purpose of sub-regulation (3a.) of this regulation, the prescribed amount, in relation to a child, of a member who attends a school as a boarder for part only of a school year, is an amount equal to the sum of—

(a) the amount ascertained in accordance with the formula

where—

a is the number of school-days in the part of the school year during which the child attends the school as a boarder;

b is the sum of the amounts paid or payable by the member, in relation to the attendance of the child at a school as a boarder during the part of the year, by way of tuition fees, being tuition fees ordinarily payable to the school in respect of children who are at the same stage of their education as the child, and boarding fees; and

c is the number of school-days in the period during which the child would be entitled to attend the school as a boarder upon payment of those tuition fees and boarding fees; and

(b) any amounts paid or payable by the member in relation to the attendance of the child at the school during the part of the year, in respect of the matters referred to in paragraphs (c) and (d) of the last preceding sub-regulation.

“(3d.) Where a child of a member attends a school otherwise than as a boarder for a period less than a school term, the amount of education allowance payable in relation to the attendance of the child is an amount not less than an amount ascertained in accordance with the formula where—

a is the number of school-days in the period;

b is the amount of Two hundred and twenty-six dollars sixty-six cents; and

c is the number of school-days in the term.

“(3e.) In sub-regulations (3c.) and (3d.) of this regulation, ‘school-day’, in relation to a school, means a day on which tuition is ordinarily given to students at the school.

“(4.) Where the child of a member who is attending school is awarded a scholarship by the Government of the Commonwealth, the Administration of a Territory of the Commonwealth or the Government of a State and the member is entitled to receive under the scholarship in respect of the child a living allowance, an allowance for the purchase of text books and equipment and an allowance towards the cost of the fees for the child’s attendance at the school, the member is not disqualified from receiving education allowance in respect of the child toy reason only of the child having been awarded that scholarship but the amount of education allowance that, but for this sub-regulation, would be payable to the member in respect of the attendance of the child at the school shall be reduced by such amount as the Air Board considers appropriate having regard to the amount of the allowance under the scholarship for the, purchase of text books and equipment and the allowance under the scholarship towards the cost of the fees for the child’s attendance at the school.”; and

(e) by omitting from sub-regulation (6.) the word “eighteen” (wherever occurring) and inserting in its stead the word “twenty”.

(2.) Where a member was in receipt of education allowance in respect of the attendance of a child at a school as a boarder during the year that commenced on the first day of January, 1970, or during a part of that year, and the amount of the educational allowance that would have been payable in respect of that attendance, if the amendments of regulation 634 of the Air Force Regulations effected by paragraphs (b) and (d) of the last preceding sub-regulation had come into operation on that day and the amount specified in paragraph (a) of sub-regulation (3.), and sub-regulation (3a.), of that regulation as so amended had been One thousand three hundred dollars, exceeds the amount of education allowance paid in respect of that attendance, the member is, by virtue of this sub-regulation, entitled to be paid a sum equal to the excess by way of additional education allowance.

(3.) Where a member was in receipt of education allowance in respect of the attendance of a child at a school otherwise than as a boarder for a period less than a complete school term during the year that commenced on the first day of January, 1970, and the amount of the educational ‘allowance that would have been payable in respect of that attendance, if the amendments of regulation 634 of the Air Force Regulations effected by paragraphs (c) and (d) of sub-regulation (1.) of this regulation had come into operation on that day and the amount Specified in paragraph (c)of sub-regulation (3.), and sub-regulation (3d.) of that regulation as so amended had been Two hundred and eight dollars thirty-three cents, exceeds the amount of education allowance paid in respect of that attendance, the member is, by virtue of this sub-regulation, entitled to be paid a sum equal to the excess by way of additional education allowance.

(4.) Where a member was in receipt of education allowance in respect of the attendance of a child at a school during the year that commenced on the first day of January, 1971, or during a part of that year, and the amount of the education allowance that would have been payable in respect of that attendance if the amendments of regulation 634 of the Air Force Regulations effected by paragraphs (b), (c) and (d) of sub-regulation (1.) of this regulation had come into operation on that day, exceeds the amount of education allowance paid in respect of that attendance, the member is, by virtue of this sub-regulation, entitled to be paid a sum equal to the excess by way of additional education allowance.

(5.) Education allowance is payable in accordance with regulation 634 of the Air Force Regulations in respect of the attendance of a child at a school on or after the first day of January, 1972, as if the amendments of that regulation effected by paragraphs (b), (c) and (d) of sub-regulation (1.) of this regulation-had come into operation on that date.

(6.) Where education allowance would have been payable to a member of the Air Force in respect of the attendance of a child at school during the period from and including the first day of January, 1969, to and including the day immediately before the commencement of these Regulations if the amendments of the Air Force Regulations effected by paragraphs (a) and (e) of sub-regulation (1.) of this regulation had come into operation on the first clay of January, 1969, an amount equal to the amount of the education allowance that would have been paid is, by virtue of this sub-regulation, payable to that member by way of education allowance.

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