Air Force Regulations (Amendment) (Cth)
STATUTORY RULES
REGULATIONS UNDER THE AIR FORCE ACT 1923-1965.*
Dated this twenty-fourth day of June, 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
(
a ) by inserting after sub-regulation (5.) the following sub-regulation:—“(5a.) For the purposes of the last preceding sub-regulation, where a member has—
(
a ) served in a year; or(
b ) served in a remote locality in a year,for a number of months and a number of additional days, the member shall, if the number of additional days amount to not less than thirty, be deemed to have served for one additional month in that year or in that remote locality in that year, as the case may be, for each thirty days in the number of additional days.”; and
(
b ) by omitting paragraph (a ) of sub-regulation (6.) and inserting in its stead the following paragraph:—“(a) in a period (other than the first month of that period) during which he is on leave of absence without pay; or”.
“129a.—(1.) Subject to the next three succeeding sub-regulations, where a member has rendered or renders, on or after the first day of July, 1968, a period of special service, a period of war service leave, calculated at the rate of one and one-half days for each completed month of that period of special service, may be credited to the member.
“(2.) Except as provided in the next succeeding sub-regulation, a member is not eligible to be credited with a period of war service leave in respect of any period of special service rendered by him before the first day of July, 1969.
* Notified in the
Statutory Rules 1927, No. 161, as amended to date. For previous amendments of
the Air Force Regulation,
18258/70.—Price 10c 10/26.5.1971
“(3.) Where a member has rendered a period of special service that commenced before the first day of July, 1969, and ended on or after that date, the member is eligible to be credited with a period of war service leave in respect of so much of that period of special service as was rendered after the thirtieth day of June, 1968, including so much of that period as occurred before the first day of July, 1969.
“(4.) Where recreation leave has been granted to a member under regulation 127 of these Regulations in respect of a period of special service rendered by him before the commencement of this regulation, being a period of special service in respect of which he is eligible to be credited with war service leave, the period of war service leave that, but for this regulation, would be credited to the member in accordance with sub-regulation (1.) of this regulation shall be reduced by a period equal to the period, or the sum of the periods, of additional recreational leave so granted.
“(5.) A member may be granted war service leave under this regulation for a period (inclusive of Saturdays, Sundays and holidays) equal to, or for periods (inclusive of Saturdays, Sundays and holidays) aggregating, his war service leave credit and, if he is absent from duty on war service leave so granted, his war service leave credit is reduced by the period of that absence,
“(6.) Where a member has been paid an amount under regulation 534 of these Regulations instead of being granted a period of war service leave that might have been granted to him, his war service leave credit shall be deemed to have been reduced by a period equal to the period in respect of which he has been paid that amount.
“(7.) Subject to the next succeeding sub-regulation, for the purpose of this regulation, ‘period of special service’, in relation to a member, means a period of service of the member comprising—
(
a ) a period when he is outside Australia and he or his unit is allotted for special duty in a special area; and(
b ) if at the end of that period, he is outside Australia and travels to a place other than the place where he is at the end of that period, being a place to which he or his unit is allotted for duty other than special duty—the period commencing at the end of that period and ending at the time when—(i) he arrives at that other place;
(ii) he commences a further period of special service; or
(iii) he ceases to be outside Australia,
whichever first occurs.
“(8.) Where a member has rendered—
(
a ) a period of special service comprising—(i) a period when he was outside Australia and he or his unit was allotted for special duty in a special area; and
(ii) a period that commenced at the end of that period and ended at the time when he commenced a further period of special service; and
(
b ) that further period of special service,
that period of special service and that further period of special service shall, for the purpose of this regulation, be deemed to be one continuous period of special service rendered by the member.
“(9.) For the purpose of ascertaining a member’s period of special service for the purpose of this regulation—
(
a ) the member shall, if he travels from a place in Australia to a place outside Australia, be deemed to have departed from Australia when he departs from the last port of call in Australia; and(
b ) the member shall, if he travels to Australia from a place outside Australia, be deemed to have arrived in Australia when he arrives at the first port of call in Australia.
“(10.) Where a member, during a period of special service—
(
a ) returns to Australia in accordance with the Rest and Recuperation arrangements of the Air Force;(
b ) returns to Australia on emergency or other leave granted on compassionate grounds;(
c ) returns to Australia on duty; or(
d ) returns to Australia for the purpose of receiving medical or surgical treatment as directed by the medical authorities of the Air Force,
so much of the period of service of the member in Australia after his return as does not exceed fourteen days shall, for the purposes of this regulation, be deemed to be a period when the member is outside Australia.
“(11.)
In the application of this regulation in relation to a member at a particular
time, ‘special duty’ and ‘special
area’ have the same respective
meanings as they had or have at that time under the
(
a ) by adding at the end of paragraph (c ) of sub-regulation (4.) the word “or”;(
b ) by omitting from paragraph (d ) of that sub-regulation the word “or” (last occurring); and(
c ) by omitting paragraph (f ) of that sub-regulation.
“534.—(1.) Where war service leave may be granted to a member under regulation 129a of these Regulations, an officer authorized to grant leave to the member may, instead of granting to the member war service leave for a specified period, being a period equal to or less than the period of war service leave that may be granted to the member, authorize payment to the member of an amount not exceeding the amount of the pay and allowances that would be payable to the member in respect of that specified period of war service leave if the member were to be granted war service leave for that specified period
“(2.) Where—
(
a ) a member dies; or(
b ) the Air Board has directed, after consideration of all the circumstances, that a member should be presumed to have died on a particular date,
the Air Board may authorize payment to the member’s dependants of an amount equal to the amount, if any, that could have been authorized to be paid to him-under the last preceding sub-regulation on the day on which he died or is presumed to have died if he had not died or been presumed to have died.
“(3.) An amount authorized to be paid to a member or to the dependants of a member under this regulation is in addition to and not in substitution for any amount of pay or allowances that is payable under these Regulations in respect of the member’s service.
“534a.—(1.) In this regulation—
‘recreation leave’ has the same meaning as in Part V. of these Regulations;
‘the relevant day’, in relation to a member who ceases to be a member, means the day immediately before the day on which he ceases to be a member.
“(2.) Subject to the next succeeding sub-regulation, the Air Board may authorize payment to a member, upon his ceasing to be a member (otherwise than by reason of his death), of a sum equal to the amount of pay, calculated in accordance with the rates applicable to service on the relevant day, that would be payable to the member for a period of service equal to the period of recreation leave that could have been granted to the member immediately before he ceased to be a member if he had continued to be a member for that period.
“(3.) Where a member ceases to be a member by reason of his having been cashiered or having been dismissed or discharged for disciplinary reasons—
(
a ) if the period of leave that could have been granted to the member immediately before he ceased to be a member, assuming that he were to continue to be a member for that period, exceeds the period of leave that accrued in respect of his services from and including the first day of July immediately preceding the date on which he ceased to be a member—the period of service for which pay may be paid to the member under the last preceding sub-regulation is a period equal to the excess; or(
b ) in any other case—the member is not entitled to payment of any amount under the last preceding sub-regulation.
“(4.) Where—
(
a ) a member dies; or(
b ) the Air Board has directed, after consideration of all the circumstances, that a member should be presumed to have died on a particular date,
the Air Board may authorize payment to the member’s dependants of an amount equal to the amount, if any, that could have been authorized to be paid to him under sub-regulation (2.) of this regulation if he had ceased to be a member otherwise than by reason of his death on the day on which he died or is presumed to have died.
“534b.—(1.) In this regulation, ‘recreation leave’ has the same meaning as in Part V. of these Regulations.
“(2.) Where a member who ceases to be a member has, before so ceasing, been granted recreation leave for a period, or for periods amounting in the aggregate to a period, that exceeds the period of recreation leave to which he is entitled in respect of his service as a member—
(
a ) if the member has received pay in respect of any part of that period of leave that is included in the excess—the Commonwealth is entitled to recover from the member, as a debt due by him to the Commonwealth, an amount equal to the amount of that pay; and(
b ) if the member has not received pay in respect of any part of that period of leave that is included in the excess—pay is not payable to the member in respect of that period of leave.
“(3.) Paragraph (s) of the last preceding sub-regulation does not apply—
(
a ) in relation to a member who ceases to be a member by reason of his death or by reason of the Air Board directing that the death of the member is to be presumed to have occurred; or(
b ) in relation to a period of leave that is included in the excess if the member was required to take that period of leave as a result of the exigencies of his service.
“(4.) Where the Commonwealth is entitled to recover an amount from a member under sub-regulation (2.) of this regulation, the amount may be deducted from moneys that are or become due to him by the Commonwealth in respect of his service.
“534c.—(1.) For the purposes of the last two preceding regulations, where a member ceases to be a member other than on the first day of July in a year, in calculating the recreation leave that has accrued in respect of his service during the last year in which he served—
(
a ) sub-regulation (4.) of regulation 122 of these Regulations shall be deemed not to apply;(
b ) if the member has served in a previous year, or served in a remote locality in a previous year, for a number of months and for a number of additional days that amount to less than thirty—the number of days in the last year on which the member served, or served in a remote locality, as the case may be, shall be increased by the number of those additional days; and(
c ) if the member has served in a previous year, or served in a remote locality in a previous year, for a number of months and a number of additional days that amount to more than thirty or a multiple of thirty—the number of days in the last year on which the member served, or served in a remote locality, as the case may be, shall be increased or further increased, as the case may require, by the difference between the number of those additional days and thirty or the multiple of thirty, as the case may be.
“(2.) Where, by reason of the application of sub-regulation (5a.) of regulation 122 of these Regulations in relation to the number of additional days that a member is to be deemed to have served during his last year, or is to be deemed to have served in a remote locality in his last year, in accordance with the last preceding sub-regulation, the member would, but for this sub-regulation, be deemed to have served, or to have served in a remote locality, as the case may be, for more than twelve months in his last year, he shall be deemed to have served, or to have served in a remote locality, for a period of twelve months in his last year.”.
(2.) Regulation 534 of the Air Force Regulations as amended by the last preceding sub-regulation applies in relation to the death of a member or to a member whose death was or is to be presumed to have occurred on or after the first day of July, 1969, and before the commencement of these Regulations as if these Regulations had come into force on the first day of July, 1969.
(3.) Regulation 534aof the Air Force Regulations as amended by sub-regulation (1.) of this regulation applies to and in relation to a member who died, or in respect of whom the Air Board has directed that the member is to be presumed to have died, on the twenty-sixth day of October, 1966, or any subsequent day.
“538a. Where the Air Board has authorized the payment of a sum of money under sub-regulation (2.) of regulation 534, or sub-regulation (4.) of regulation 534a, of these Regulations, regulation 151 of these Regulations applies in respect of that sum as if the reference in sub-regulation (1.) of regulation 151 to the payment of a sum of money under sub-regulation (4.) of regulation 149 or under sub-regulation (4.) of regulation 150 included a reference to the payment of a sum of money under either of those first-mentioned sub-regulations.”.
(
a ) a member has retired or died, or is to be presumed to have died, on or after the seventeenth day of November, 1967, and before the commencement of these Regulations;(
b ) in pursuance of regulation 149, or regulation 150, of the Air Force Regulations, the Air Board has authorized, or authorizes, the payment to a person or persons of a sum of money upon that retirement, death or presumed death, as the case may be, of the member; and(
c ) the sum so authorized is less than the sum that could have been so authorized if the amendments of regulation 152c of the Air Force Regulations made by these Regulations had come into operation on the seventeenth day of November, 1967, the Air Board may authorize the payment to that person or those persons, as the case may be, of an amount equal to the difference between those sums.
(2.) Where, under the last preceding sub-regulation, the Air Board has authorized the payment of a sum of money to the dependant or dependants of a former member, regulation 151 of the Air Force Regulations applies in respect of that sum as if its payment had been authorized under one of the sub-regulations referred to in sub-regulation (1.) of that regulation.
(3.) The next succeeding sub-regulation applies to a person who, having been a member of the Air Force serving on continuous full-time air force service on or after the first day of July, 1969, ceased to be such a member or to so serve before the commencement of these Regulations.
(4.) The Air Board may authorize payment to a person to whom this sub-regulation applies of an amount equal to the amount, if any, that could have been authorized to be paid to the person under regulation 534 of the Air Force Regulations as amended by these Regulations immediately before he ceased to be a member of the Air Force serving on continuous full-time air force service if these Regulations had come into force on the first day of July, 1969.
Printed by Authority by the Government Printer of the Commonwealth of Australia
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