Air Force Regulations (Amendment) (Cth)

Case
No judgment structure available for this case.

STATUTORY RULES

1971

No. 153

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-sixth day of November, 1971.

Paul Hasluck

Governor-General.

By His Excellency's Command,

(Sgd.) Tom Drake-Brockman

Minister of State for Air.

Amendments of the Air Force Regulations 

Interpretation.

1. Regulation 4 of the Air Force Regulations is amended by omitting from sub-regulation (1.) the definition of " active pay " and inserting in its stead the following definition:—

“ ‘ active pay ’ does not include deferred pay;”.

Commencement, calculation and cessation of pay.

2. Regulation 530 of the Air Force Regulations is amended by inserting after sub-regulation (2.) the following sub-regulation:—

“ (2a.) The last preceding sub-regulation does not apply to a member who enlists with the rank of Warrant Officer or a lower rank.”.

3. Regulation 540 of the Air Force Regulations is repealed and the following regulation inserted in its stead:—

Pay on promotion or remuster.

“ 540. Where the rate at which active pay is payable to a member changes—

(a)as a result of his having been promoted to a higher rank; or

(b)as a result of his having been remustered,

pay at the new rate is payable to him from and including the date as from which he is so promoted or remustered.”.

Pay of air cadets.

4. Regulation 548 of the Air Force Regulations is amended by omitting sub-regulation (1b.) and inserting in its stead the following sub-regulations:—

“ (1b.) The next succeeding sub-regulation applies to an air cadet (not being an air cadet at the Air Force Academy) who, immediately before he enlisted as a cadet, was—

(a) an airman apprentice;

(b) an aircrew trainee who, immediately before enlisting as an aircrew trainee, was an airman in a mustering;

(c) an aircrew trainee, other than an aircrew trainee referred to in the last preceding paragraph; or

(d)an airman other than an airman apprentice or an aircrew trainee.

* Notified in the Commonwealth Gazette on  1971.

  Statutory Rules 1927, No. 161, as amended to date. For previous amendments of the Air Force Regulations, see footnote   to Statutory Rules 1971, No. 50; and see also Statutory Rules 1971, Nos. 50. 78 and 121.

20983/71—Price 20c 12/16.11971

 

“ (1c.) Where the rate of active pay applicable to an air cadet to whom this sub-regulation applies under the last preceding sub-regulation is less than the rate at which active pay was payable to the air cadet immediately before he enlisted as a cadet, the rate at which active pay is payable to the air cadet is that higher rate.

“ (1d.) In the application of the last preceding sub-regulation in relation to an air cadet who enlisted as an air cadet on a day (hereinafter referred to as ‘ the relevant day ’) after the twenty-fifth day of August, 1971, and before the date of commencement of this sub-regulation, the rate at which pay shall be deemed to have been payable to the cadet immediately before he so enlisted shall be deemed to be—

(a)if the cadet held a rank specified in the Fifth Schedule to these Regulations immediately before the relevant day—the rate specified in that Schedule in relation to that rank and to the pay level appropriate, by virtue of the first determination made by the Air Board for the purposes of sub-regulation (5.) of regulation 549, to the mustering in which the cadet was included immediately before the relevant day; or

(b)if the cadet held the rank of Sergeant, Flight Sergeant or Warrant Officer immediately before the relevant day—the rate at which active pay would have been, payable to the cadet on the day immediately before the relevant day if the relevant amendments of these Regulations and the first determinations made by the Air Board for the purposes of regulation 549a had come into operation on the day immediately before the relevant day.

“ (1e.) In the last preceding sub-regulation, ' the relevant amendments ' means the amendments of these Regulations effected by the Statutory Rule by which this sub-regulation is inserted in these Regulations ”.

5. Regulations 549 and 550 of the Air Force Regulations are repealed and the following regulations inserted in their stead:—

Pay of Corporals, Leading Aircraftmen, Aircraftmen and Aircraftmen (Recruit).

“ 549.—(1.) The daily rate of active pay of a male airman of the Permanent Air Force, other than an Air Cadet, an Airman Apprentice or an Aircrew Trainee, holding a rank specified in the Fifth Schedule to these Regulations is the rate specified in that Schedule in relation to his rank and the pay level determined by the Air Board to be the pay level appropriate to the mustering in which he is included.

“ (2.) The daily rate of active pay of a male airman of the Permanent Air Force holding the rank of Aircraftman (Recruit) is Six dollars forty-six cents.

“ (3.) The daily rate of active pay of an airwoman of the Permanent Air Force holding a rank specified in the Sixth Schedule to these Regulations is the rate specified in that Schedule in relation to her rank and the pay level determined by the Air Board to be the pay level appropriate to the mustering in which she is included.

“ (4.) The daily rate of active pay of an airwoman of the Permanent Air Force holding the rank of Aircraftwoman (Recruit) is Five dollars forty-six cents.

“ (5.) The Air Board shall, by instrument of general application, determine, in respect of each mustering in which is included an airman holding a rank specified in the Fifth Schedule or Sixth Schedule to these Regulations, the pay level referred to in those Schedules that is appropriate to it.

 

“ (6.) In determining, under the last preceding sub-regulation, the musterings to which a pay level is appropriate, the Air Board shall have regard to—

(a) the relativities among musterings recommended by the First and Second Reports of the Committee appointed in October, 1970, to enquire into financial terms and conditions of service for male and female members of the regular armed forces; and

(b) the nature of the duties and responsibilities of members included in a mustering and the nature of the duties and responsibilities of members included in other musterings.

“ (7.) An instrument, made by the Air Board under sub-regulation (5.) of this regulation, determining the pay level that is appropriate to a mustering for the purpose of this regulation may be expressed to have taken effect from a day after the twenty-fifth day of August, 1971, being a day that is not more than two years before the day on which it is made, and, if it is expressed to have taken effect from a day other than the day on which it is made, airmen are entitled to be paid active pay as if it had been made on the day on which it is expressed to have taken effect, it had come into force immediately it had been made and the amendments of the Air Force Regulations effected by the Statutory Rule by which this regulation is inserted in those Regulations had come into operation on the twenty-sixth day of August, 1971.

Pay of Warrant Officers, Flight Sergeants and Sergeants.

“ 549a.—(1.) The scale of rates per day in accordance with which active pay is payable to an airman of the Permanent Air Force who holds a rank specified in the first column of the following table is the scale of rates per day specified in the second or third column of that Table, whichever is applicable to the airman, in relation to that rank in the first column.

Rank

Male airman—scale of rates per day in dollars

Airwoman—scale of rates per day in dollars

1. Warrant Officer ................................................................

(a) 18.04

(a) 16.19

(b) 19.00

(b) 16.96

2. Flight Sergeant .................................................................

(a) 13.52

(a) 12.57

(b) 14.41

(b) 13.29

(c) 15.30

(c) 14.00

(d) 16.19

(e) 17.08

3. Sergeant ...........................................................................

(a) 8.28

(a) 7.60

(b) 9.11

(b) 8.38

(c) 9.99

(c) 9.22

(d) 10.87

(d) 10.06

(e) 11.75

(e) 10.89

(f) 12.63

(f) 11.73

(g) 13.52

(g) 12.57

“ (2.) Subject to the next succeeding sub-regulation, where an airman is promoted to a rank specified in the prescribed table, the rate per day at which active pay is payable to the airman is, subject to regulation 549b—

(a)if the airman is promoted to the rank of Warrant Officer—the rate specified in paragraph (a)(in the second or third column, whichever is applicable to the airman) of item 1 in the prescribed table;

(b)if the airman is promoted to the rank of Sergeant and is included in a class of airmen determined by the Air Board to be a class to which this paragraph applies—the rate specified in the paragraph (in the second or third column, whichever is applicable to the airman) of item 3 in the prescribed table specified by the Air Board in relation to that class of airman;

(c) if the airman is promoted to the rank of Flight Sergeant or is promoted to the rank of Sergeant and is not included in a class referred to in the last preceding paragraph—the rate in the scale of rates specified in item 2 or 3, as the case may be, in the prescribed table (in the second or third column, whichever is applicable to the airman) that is next higher than the rate at which active pay was payable to the airman immediately before the promotion; or

(d)if the Air Board approves active pay being payable to the airman at a rate specified in a paragraph (in the second or third column, whichever is applicable to the airman) of the item in the prescribed table that relates to the rank to which the airman is promoted higher than the rate at which active pay would be payable to the airman but for this paragraph—the rate specified in that paragraph of that item.

“ (3.) Where an airman holds an acting rank or is in receipt of higher duty allowance immediately before his promotion to the rank of Warrant Officer, Flight Sergeant or Sergeant, the rate at which active pay shall be deemed to have been payable to him for the purpose of this regulation immediately before his promotion is the rate at which active pay would have been payable to him if he had not held that acting rank or been in receipt of higher duty allowance.

“ (4.) Where an airman enlists in the Permanent Air Force with a rank specified in an item in the prescribed table (in the first column), the rate at which active pay is payable to the airman is, subject to sub-regulation (2.) of this regulation and to the next succeeding regulation—

(a) the rate specified in paragraph (a)(in the second or third column, whichever is applicable to the airman) of the item; or

(b)if the Air Board approves, under the next succeeding sub-regulation, that active pay is to be payable to the airman at a rate specified in another paragraph of the item, the rate so specified.

“ (5.) The Air Board shall have regard—

(a) in making a determination in relation to a class of airmen for the purpose of paragraph (b) of sub-regulation (2.) of this regulation—to the special skills required by airmen included in the class for the purpose of performing the duties of their positions and the nature of the responsibilities that they are required to exercise in performing those duties;

(b) in giving an approval in relation to an airman for the purpose of paragraph (d)of sub-regulation (2.) of this regulation—to the continuous full-time service rendered by the airman after the prescribed day—

(i) in the Air Force in the rank that he holds or in a higher rank; or

(ii) in the Naval Forces or the Military Forces of the Commonwealth or in the Air Force of another part of Her Majesty's Dominions, in a rank that corresponds with the rank that he holds or with a higher rank; and

 

(c) in giving an approval for the purpose of sub-regulation (4.) of this regulation in relation to an airman—

(i) to the special skills or qualifications of the airman;

(ii) to any continuous full-time service of a kind referred to in the last preceding paragraph rendered by the airman after the prescribed day, and

(iii) in the case of an airman who is re-enlisting in the Air Force—to the rate at which active pay was payable to the airman immediately before he ceased or last ceased to serve in the Air Force.

“ (6.) Where an airman holds the rank of Warrant Officer and the airman—

(a) held that rank on the prescribed day; or

(b)was promoted to that rank, or enlisted in the Permanent Air Force with that rank, after the prescribed day but before the commencing day,

the rate at which active pay is payable to the airman is, subject to the next succeeding regulation, the rate specified in paragraph (a)(in the second or third column, whichever is applicable to the airman) of item 1 in the prescribed table.

“ (7.) Where an airman holds the rank of Flight Sergeant and the airman held that rank on the prescribed day, the rate at which active pay is payable to the airman is, subject to sub-regulation (11.) of this regulation and to the next succeeding regulation—

(a)in the case of an airman who was, on the prescribed day, included in the Air Traffic Control NCO mustering or the Works Supervisor mustering—the rate specified in paragraph (c) (in the second column) of item 2 in the prescribed table;

(b)in the case of an airman who was, on the prescribed day, included in a mustering determined by the Air Board to be a mustering to which this paragraph applies—the rate specified in paragraph (b) (in the second or third column, whichever is applicable to the airman) of item 2 in the prescribed table; or

(c)in the case of any other airman—the rate specified in paragraph (a)(in the second or third column, whichever is applicable to the airman) of item 2 in the prescribed table.

“ (8.) Where an airman holds the rank of Flight Sergeant and the airman was promoted to that rank or enlisted in the Permanent Air Force with that rank after the prescribed day but before the commencing day, the rate at which active pay is payable to the airman is, subject to sub-regulation (11.) of this regulation and to the next succeeding regulation—

(a)in the case of an airman who was so promoted to that rank—the rate in the scale of rates specified in item 2 in the prescribed table (in the second or third column, whichever is applicable to the airman) that is next higher than the rate that is to be deemed to be the rate at which active pay was payable to the airman immediately before the promotion; or

(b)in the case of an airman who so enlisted with that rank—the rate specified in paragraph (a)(in the second or third column, whichever is applicable to the airman) of item 2 in the prescribed table or, if the Air Board approves active pay being payable to the airman at a rate specified in another paragraph of that item, the rate specified in that other paragraph of that item.

 

“ (9.) Where an airman holds the rank of Sergeant and the airman held that rank on the prescribed day, the rate at which active pay is payable to the airman is, subject to the next succeeding regulation—

(a)in the case of an airman who was, on the prescribed day, included in a mustering determined by the Air Board to be a mustering to which this paragraph applies—the rate specified in paragraph (b)(in the second or third column, whichever is applicable to the airman) of item 3 in the prescribed table;

(b)in the case of an airman who was, on the prescribed day, included in a mustering determined by the Air Board to be a mustering to which this paragraph applies—the rate specified in paragraph (c) (in the second or third column, whichever is applicable to the airman) of item 3 in the prescribed table;

(c) in the case of an airman who was, on the prescribed day, included in a mustering determined by the Air Board to be a mustering to which this paragraph applies—the rate specified in paragraph (d)(in the second or third column, whichever is applicable to the airman) of item 3 in the prescribed table;

(d)in the case of an airman who was, on the prescribed day, included in a mustering determined by the Air Board to be a mustering to which this paragraph applies— the rate specified in paragraph (e) (in the second or third column, whichever is applicable to the airman) of item 3 in the prescribed table;

(e) in the case of an airman who was, on the prescribed day, included in a mustering determined by the Air Board to be a mustering to which this paragraph applies—the rate specified in paragraph (f) (in the second or third column, whichever is applicable to the airman) of item 3 in the prescribed table;

(f) in the case of an airman who was, on the prescribed day, included in the Air Traffic Control NCO mustering—the rate specified in paragraph (g)(in the second or third column, whichever is applicable to the airman) of item 3 in the prescribed table or, if that rate is lower than the rate at which active pay was payable to him immediately before that day under the Air Force Regulations as then in force, that last-mentioned rate; or

(g)in the case of any other airman—the rate specified in paragraph (g)(in the second or third column, whichever is applicable to the airman) of item 3 in the prescribed table.

“ (10.) Where an airman holds the rank of Sergeant and the airman was promoted to that rank or enlisted in the Permanent Air Force with that rank after the prescribed day but before the commencing day, the rate at which active pay is payable to the airman is, subject to the next succeeding regulation—

(a)in the case of an airman who was so promoted to that rank—the rate in the scale of rates specified in item 3 in the prescribed table (in the second or third column, whichever is applicable to the airman) that is next higher than the rate that is to be deemed to be the rate at which active pay was payable to the airman immediately before the promotion; or

(b) in the case of an airman who so enlisted with that rank—the rate specified in paragraph (a)(in the second or third column, whichever is applicable to the airman) of item 3 in the prescribed table or, if the Air Board approves active pay being payable to the airman at a rate specified in another paragraph of that item, the rate specified in that other paragraph of that item.

 

“ (11.) Where an airman holds the rank of Flight Sergeant and, on the prescribed day, the airman—

(a)held that rank or the acting rank of Warrant Officer; and

(b)was, or but for the fact that he held the acting rank of Warrant Officer, would have been, in receipt of active pay as a Flight Sergeant after six or eight years’ service in that rank,

the rate at which active pay is payable to the airman is, subject to the next succeeding regulation, the rate specified in paragraph (d) (in the second column) of item 2 in the prescribed table.

“ (12.) For the purpose of sub-regulations (8.) and (10.) of this regulation, the rate that is to be deemed to be the rate at which active pay was payable to an airman immediately before his promotion is—

(a) if he held a rank specified in the Fifth or Sixth Schedule to these Regulations immediately before the promotion—the rate specified in that Schedule in relation to that rank and to the pay level appropriate, by virtue of the first determination made by the Air Board for the purpose of sub-regulation (5.) of regulation 549, to the mustering in which he was included immediately before that promotion; or

(b)if he held the rank of Sergeant immediately before the promotion—the rate at which active pay would have been payable to him under sub-regulation. (9.) of this regulation if this regulation and the first determination made by the Air Board for the purpose of the paragraphs of that sub-regulation had come into operation on the twenty-sixth day of August, 1971.

“ (13.) The Air Board shall have regard—

(a) in making a determination under paragraph (b)of sub-regulation (7.), or a paragraph of sub-regulation (9.), of this regulation with respect to musterings—

(i) to the relativities among musterings recommended by the First and Second Reports of the Committee appointed in October, 1970, to enquire into financial terms and conditions of service for male and female members of the regular armed forces; and

(ii) to the nature of the duties and responsibilities of members included in a mustering and the nature of the duties and responsibilities of members included in other musterings; and

(b) in giving an approval for the purpose of sub-regulation (8.), or sub-regulation (10.), of this regulation in relation to an airman—to the special skills or qualifications of the airman.

“ (14.) Where an airman is reduced or reverted to a lower rank, being a rank specified in the prescribed table, the rate at which active pay is payable to the airman is, subject to the next succeeding sub-regulation—

(a) if the airman is so reduced or reverted after the commencing day—the rate at which active pay would be payable to the airman if the airman had, on the day on which the airman is so reduced or reverted, enlisted in the Permanent Air Force with that rank; or

(b)if the airman was so reduced or reverted after the prescribed day but before the commencing day—the rate at which active pay would be payable to the airman under sub-regulation (6.), (8.) or (10.) of this regulation, as the case may be, if the airman had, on the day on which the airman was so reduced or reverted, enlisted in the Permanent Air Force with that rank.

 

“ (15.) In giving an approval under sub-regulation (4.), (8.) or (10.) in relation to an airman to whom the last preceding sub-regulation applies, the Air Board may have regard, in addition to the other matters to which it can have regard, to the length of service of the airman in the rank to which the airman is reduced or reverted.

“ (16.) In this regulation—

‘ the commencing day ’ means the date of commencement of this regulation;

‘ the prescribed day ’ means the twenty-fifth day of August, 1971;

‘ the prescribed table ’ means the table in sub-regulation (1.) of this regulation.

Increments.

“ 549b.—(1.) Where active pay is payable to an airman in accordance with a scale of rates specified in the last preceding regulation, the airman may, subject to this regulation, be paid increments of active pay in accordance with that scale.

“ (2.) Subject to the succeeding sub-regulations of this regulation, an airman is not entitled to receive an increment of active pay until he has received active pay without the increment for not less than twelve months.

“ (3.) The date from which an airman is entitled to receive an increment of active pay is not affected by the substitution of a new scale of rates of active pay in accordance with which he is to be paid active pay for an existing scale of those rates.

“ (4.) If—

(a)during the period of twelve months commencing on the day on which an airman commences to receive active pay at a particular rate; or

(b)during the period during which payment of an increment has been deferred under this sub-regulation,

the conduct, diligence, efficiency or attendance for duty of the airman has not been satisfactory, his Commanding Officer may, by order in writing, direct that the increment shall not be paid until the expiration of such period, not exceeding twelve months, as he specifies in the order and, in that case, payment of the increment shall be deferred until the expiration of that period.

“ (5.) Where an airman is, upon being promoted to, or enlisting in the Permanent Air Force with, a rank specified in an item in the table in sub-regulation (1.) of the last preceding regulation (in the first column), in receipt of active pay at a rate specified in the scale of rates in that item (in the second or third column, whichever is applicable to the airman), the Air Board may approve the airman being, on the day on which he is so promoted or so enlists, taken to have been in receipt of active pay at that rate for a specified period, being a period of less than twelve months, and the airman is then to be taken to have been in receipt of active pay at that rate accordingly for the purpose of determining the date on which he is entitled to receive an increment of active pay under this regulation.

“ (6.) The Air Board shall, in giving an approval in relation to an airman for the purpose of the last preceding sub-regulation, have regard to the continuous full-time service rendered by the airman after the twenty-fifth day of August, 1971—

(a)in the Air Force in the rank that he holds or in a higher rank; or

(b)in the Naval Forces or Military Forces of the Commonwealth or in the Air Force of another part of Her Majesty's Dominions, in a rank that corresponds with the rank that he holds or with a higher rank.

 

“ (7.) For the purpose of ascertaining the date on which an airman is entitled to receive an increment of active pay under this regulation—

(a) if, on the twenty-sixth day of August, 1971, the airman held the rank that he held on the date of commencement of this regulation—the airman shall, since the twenty-sixth day of August, 1971, he deemed to have been in receipt of active pay at the rate at which active pay is payable to him immediately after the commencement of this regulation; and

(b)if, after the twenty-sixth day of August, 1971 but before the date of commencement of this regulation, the airman was promoted to the rank that he holds on that last-mentioned date or enlisted in the Permanent Air Force with that rank—the airman shall, since the date on which he was so promoted to that rank or so enlisted, be deemed to have been in receipt of active pay at the rate at which active pay is payable to him immediately after the commencement of this regulation.

“ (8.) Where an airman, upon ceasing to hold an acting rank, holds the rank that he held immediately before he was promoted to the acting rank, the airman shall, during the period during which he held the acting rank, be deemed to have held the rank that he held immediately before he was so promoted and to have been in receipt of active pay accordingly for the purpose of determining the rate at which active pay is payable to him upon his ceasing to hold the acting rank and the date on which he is to be entitled to receive subsequent increments of active pay under this regulation.

Pay or aircrew trainee.

“ 550.—(1.) The daily rate of active pay of an airman of the Permanent Air Force who is an aircrew trainee is—

(a) in the case of an airman who, immediately before he became an aircrew trainee, was an airman in a mustering—the rate ascertained in accordance with the succeeding sub-regulations of this regulation; or

(b)in any other case—the rate specified in sub-regulation (2.) of regulation 549 in respect of an airman holding the rank of Aircraftman (Recruit).

“ (2.) Where an airman referred to in paragraph (a)of the last preceding sub-regulation held a rank immediately before the day on which he became an aircrew trainee, being the rank of Corporal or a lower rank, the daily rate of active pay of the airman is the rate specified in the Fifth Schedule to these Regulations in relation to that rank and the pay level that is, by virtue of a determination made by the Air Board for the purpose of sub-regulation (5.) of regulation 549, appropriate to the relevant mustering, increased by any good conduct increment for which he had qualified.

“ (3.) In the last preceding sub-regulation, ‘ the relevant mustering ’, in relation to an airman, means the mustering in which the airman was included immediately before the day on which he became an aircrew trainee.

“ (4.) Where an airman referred to in paragraph (a)of sub-regulation (1.) of this regulation held, immediately before the day on which he became an aircrew trainee, a rank specified in an item in the table in sub-regulation (1.) of regulation 549a (in the first column), the daily rate of active pay of the airman is the rate specified in the paragraph of that item (in the second column) that is identified by the relevant letter ascertained as provided in the next two succeeding sub-regulations.

 

“ (5.) For the purpose of the last preceding sub-regulation, ' the relevant letter

 ' is, in the case of an airman who became an aircrew trainee after the commencement of this regulation and was, immediately before he became an aircrew trainee, in receipt of active pay at a rate specified in a paragraph (in the second column) of the item in the table in sub-regulation (1.) of regulation 549a that related to the rank that he held, the letter by which that paragraph was identified.

“ (6.) For the purposes of sub-regulation (4.) of this regulation, where an airman—

(a) became an aircrew trainee before the date of commencement of this regulation;

(b)held a particular rank and was included in a particular mustering immediately before he became an aircrew trainee; and

(c) would, if he had held that rank and been included in that mustering on the date of commencement of this regulation, have been in receipt of active pay at a rate specified in a particular paragraph (in the second column) of the item in sub-regulation (1.) of regulation 549a that relates to that rank,

‘ the relevant letter ’, in relation to the airman, is the letter by which that paragraph is identified.".

Special increase in active pay.

5. Regulation 551a of the Air Force Regulations is repealed.

6. Regulation 552 of the Air Force Regulations is repealed and the following regulation inserted in its stead:—

Good conduct increments.

“ 552. Subject to the next succeeding regulation, the rate of active pay of an airman of the Permanent Air Force who is serving in a mustering other than an aircrew mustering and holds the rank of Corporal or a lower rank shall be increased—

(a) in the case of an airwoman—

(i) after five years’ service—by a good conduct increment at the rate of Nine cents per day; and

(ii) after ten years’ service—by a further good conduct increment at the rate of Nine cents per day; or

(b) in any other case—

(i) after five years’ service—by a good conduct increment at the rate of Fourteen cents per day; and

(ii) after ten years’ service—by a further good conduct increment at the rate of Fourteen cents per day.”.

7. Regulation 645 of the Air Force Regulations is repealed and the following regulation inserted in its stead:—

Rates of pay.

“ 645.—(1.) The daily rate of active pay of a member of the Air Force Emergency Force in respect of service rendered in accordance with regulation 442a is—

(a)in the case of an officer—the rate at which active pay would be payable to him if he were an officer of the Permanent Air Force; or

(b)in the case of an airman—the rate at which active pay would be payable to him if he were an airman of the Citizen Air Force and rendering service other than continuous full-time Air Force service that he has volunteered to render.

 

“ (2.) The daily rate of active pay of a member of the Air Force Emergency Force in respect of continuous full-time Air Force service rendered with the Permanent Air Force, being service that he has volunteered to render or that he is rendering under section 4H of the Act, is—

(a)in the case of an officer—the rate at which active pay would be payable to him if he were an officer of the Permanent Air Force; or

(b)in the case of an airman—the rate at which active pay would be payable to him if he were an airman of the Citizen Air Force rendering continuous full-time Air Force service that he has volunteered to render.

“ (3.) In ascertaining the rate at which active pay is payable to an officer of the Air Force Emergency Force under sub-regulation (1.) of this regulation, the officer shall be taken to have less than one year's service in the rank that he holds.”.

Rates of pay.

8. Regulation 646 of the Air Force Regulations is amended—

(a) by omitting sub-regulations (1.), (2.) and (3.) and inserting in their stead the following sub-regulations:—

“ (1.) The rate at which active pay is payable to the Citizen Air Force Member of the Air Board is Six hundred and seventy dollars per year.

“ (2.) The daily rate of active pay of a member of the Citizen Air Force in respect of service, other than service to which the next succeeding sub-regulation applies, is—

(a) in the case of an officer—the rate at which active pay would be payable to him if he were an officer of the Permanent Air Force; or

(b) in the case of an airman—subject to sub-regulation (2c.) of this regulation, the rate at which active pay would be payable to him in accordance with regulations 549 and 549a if he were an airman of the Permanent Air Force.

“ (2a.) The daily rate of active pay of a member of the Citizen Air Force in respect of continuous full-time Air Force service that he has volunteered to render is—

(a)in the case of an officer—the rate at which active pay would be payable to him if he were an officer of the Permanent Air Force; or

(b) in the case of an airman—subject to sub-regulation (2d.) of this regulation, the rate at which active pay would be payable to him in accordance with regulations 549, 549a and 549b if he were an airman of the Permanent Air Force.

“ (2b.) In ascertaining the rate at which active pay is payable to an officer of the Citizen Air Force under sub-regulation (2.) of this regulation, the officer shall be taken to have less than one year's service in the rank that he holds.

“ (2c.) In ascertaining the rate at which active pay is payable to an airman of the Citizen Air Force under sub-regulation (2.) of this regulation—

(a) regulation 549a shall be read as if the references to regulation 549b were omitted;

 

(b)the rate at which active pay is payable to an airman who holds the rank of Flight Sergeant, held that rank on the twenty-fifth day of August, 1971, and is included in a mustering referred to in paragraph (a)of sub-regulation (7.) of regulation 549a or in a mustering first determined by the Air Board to be a mustering to which paragraph (b)of that sub-regulation applies is the rate in the scale of rates specified in item 2 in the table in sub-regulation (1.) of that regulation (in the second or third column, whichever is applicable to the airman) that is next lower than the rate at which active pay would be payable to the airman in accordance with sub-regulation (7.) of that regulation but for this sub-regulation; and

(c) the rate at which active pay is payable to an airman who holds the rank of Sergeant and held that rank on the twenty-fifth day of August, 1971 is the rate in the scale of rates specified in item 3 in the table in sub-regulation (1.) of regulation 549a (in the second or third column, whichever is applicable to the airman) that is next lower than the rate at which active pay would be payable to the airman in accordance with sub-regulation (9.) of that regulation but for this sub-regulation.

“ (2d.) In ascertaining the rate at which active pay is payable under sub-regulation (2a.) of this regulation, to an airman of the Citizen Air Force who commences to render continuous full-time Air Force service on or after the date of commencement of this sub-regulation—

(a)if the member holds the rank of Warrant Officer, Flight Sergeant or Sergeant on the day on which he commences to render continuous full-time Air Force service—the rate at which active pay is payable to him upon commencing to render that service is—

(i) the rate at which active pay is payable to him under sub-regulation (2.) of this regulation in respect of service other than continuous full-time Air Force service that he has volunteered to render; or

(ii) if the Air Board approves active pay being payable to him at a higher rate (being a rate specified in the scale of rates that is applicable to him having regard to his rank) the rate so approved; and

(b)sub-regulations (6.), (7.), (8.), (9.) and (10.) of regulation 549a do not apply in relation to the airman.

“ (2e.) In ascertaining the rate at which active pay is payable under sub-regulation (2a.) of this regulation to an airman of the Citizen Air Force who was rendering continuous full-time Air Force service on the date of commencement of this sub-regulation and held a rank specified in the last preceding sub-regulation, regulation 549a and 549b apply as if—

(a) a reference to an airman who held a particular rank on the prescribed day was read as a reference to an airman who had been rendering continuous full-time Air Force service that he had volunteered to render continuously since the prescribed day, and held that rank on the prescribed day;

 

(b)a reference to an airman who was promoted to a rank after a prescribed day but before the commencing day was read as a reference to an airman who had been rendering continuous full-time Air Force service that he had volunteered to render continuously since the prescribed day and was promoted after that day but before the commencing day; and

(c) a reference to an airman who enlisted in the Permanent Air Force with a particular rank after the prescribed day was read as a reference to an airman who commenced to render continuous full-time Air Force service that he had volunteered to render after the prescribed day and rendered that service continuously until the commencing day.

“ (3.) In giving an approval for the purpose of paragraph (a) of sub-regulation (2d.) of this regulation in relation to an airman, the Air Board shall have regard—

(a)to the continuous full-time service rendered by the airman after the twenty-fifth day of August, 1971—

(i) in the Air Force in the rank that he holds or in a higher rank; or

(ii) in the Naval Forces or the Military Forces of the Commonwealth, or in the Air Force of another part of Her Majesty's Dominions, in a rank that corresponds with the rank that he holds or with a higher rank; and

(b)if the airman has previously rendered a period of continuous full-time Air Force service—to the rate at which active pay was payable to him immediately before he ceased or last ceased to render such a period of service.”;

(b) by omitting from sub-regulation (3a.) the words " the last preceding sub-regulation “ and inserting in their stead the words “sub-regulation (2a.) of this regulation ”; and

(c) by omitting from sub-regulation (4.) the word “ sub-regulation (1.) ” and inserting in its stead the word “ sub-regulation (2.) ”.

Fifth and Sixth Schedules.

9. The Fifth and Sixth Schedules to the Air Force Regulations are repealed and the following Schedules inserted in their stead:—

THE FIFTH SCHEDULE Regulation 549.

RATES OF ACTIVE PAY OF MALE AIRMEN HOLDING CERTAIN RANKS

Rank.

Daily rates of active pay in dollars—

Pay level 1

Pay level 2

Pay level 3

Pay level 4

Pay level 5

Pay level 6

Corporal ...........................................

7.60

8.42

9.30

10.19

11.07

11.95

Leading Aircraftman .........................

7.03

7.86

8.74

9.63

10.51

11.39

Aircraftman ......................................

6.70

7.53

8.41

9.30

10.18

11.06

 

THE SIXTH SCHEDULE Regulation 549.

RATES OF ACTIVE PAY OF AIRWOMEN HOLDING CERTAIN RANKS

Rank

Daily rates of active pay in dollars—

Pay level 1

Pay level 2

Pay level 3

Pay level 4

Pay level 5

Pay level 6

Corporal ........................................................

7.05

7.83

8.67

9.51

10.35

11.18

Leading Aircraftwoman ........................................................

6.60

7.38

8.22

9.06

9.90

10.74

Aircraftwoman ........................................................

6.34

7.12

7.96

8.80

9.63

10.47

Transitional.

10.—(1.) In this regulation, “ the relevant period ” means the period from and including the twenty-sixth day of August, 1971, to and including the day immediately before the commencement of these Regulations, or a part of that period.

(2.) Where the sum of the active pay that would have been payable to an airman in respect of his service during the relevant period if—

(a) the amendments of the Air Force Regulations effected by these Regulations had come into operation on the twenty-sixth day of August, 1971; and

(b)the first determinations made by the Air Board for the purposes of the sub-regulations specified in sub-regulation (5.) of this regulation had each come into operation on that day,

exceeds the sum of the active pay paid or payable to the airman in respect of his service during the relevant period, the airman is entitled to be paid, as additional active pay in respect of that service, an amount equal to the excess.

(3.) For the purpose of the last preceding sub-regulation, the amount of the active pay paid or payable to an airman in respect of his service during the relevant period includes any amount paid or payable to him by virtue of regulation 551a of the Air Force Regulations as in force during that period.

(4.) In calculating the amount of active pay that would have been payable to an airman in respect of his service during the relevant period if the amendments of the Air Force Regulations effected by these Regulations and certain determinations had come into operation on the twenty-sixth day of August, 1971, regulation 549a of the Air Force Regulations as so amended shall be read as if sub-regulations (8.), (10.) and (12.) were omitted.

(5.) For the purpose of sub-regulation (2.) of this regulation, the sub-regulations are—

(a) sub-regulation (5.) of regulation 549; and

(b) sub-regulations (2.), (7.) and (9.) of regulation 549a,

of the Air Force Regulations as amended by these Regulations.

(6.) For the purpose of applying this regulation in relation to an airman of the Air Force who was promoted to a rank specified in the table in sub-regulation (1.) of regulation 549a of the Air Force Regulations as amended by these Regulations or enlisted in the Air Force with such a rank after the twenty-fifth day of August, 1971, and before the commencement of these Regulations, the Air Board may give such approvals under the paragraphs specified in the next succeeding sub-regulation in relation to any such airman as it would have been authorized to give if the amendments of the Air Force Regulations effected by these Regulations had come into operation on the twenty-sixth day of August, 1971.

 

(7.) For the purpose of the last preceding sub-regulation, the paragraphs are—

(a) paragraph (d) of sub-regulation (2.) of regulation 549a;

(b) paragraph (b) of sub-regulation (4.) of regulation 549a;

(c) paragraph (b)of sub-regulation (8.) of regulation 549a;

(d) paragraph (b) of sub-regulation (10.) of regulation 549a; and

(e) paragraph (a) of sub-regulation (2d.) of regulation 646,

of the Air Force Regulations as amended by these Regulations.

Printed by Authority by the Government Printer of the Commonwealth of Australia

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0