Air Force Regulations (Amendment) (Cth)

Statutory Rules

1978 No. 78

REGULATIONS UNDER THE AIR FORCE ACT 1923*

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Air Force Act 1923.

Dated this twenty-fourth day of May 1978.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

Minister of State for Defence

 

AMENDMENTS OF THE AIR FORCE REGULATIONS 

Power of appoint and promote officers

1. Regulation 45 of the Air Force Regulations is amended by omitting sub-regulation (2).

2. Regulations 46, 46a, 46band 47 of the Air Force Regulations are repealed and the following regulations substituted:

Term, &c., of appointment

“ 46. (1) In appointing a person to be an officer, the Governor-General shall specify the part of the Air Force to which the appointment is made and may express the appointment to be—

(a) a permanent appointment in the Air Force;

(b) for a specified period of service in that part of the Air Force; or

(c) for a specified period of service in one part of the Air Force, to be followed by a specified period of service in another part of the Air Force.

“ (2) Upon completion by an officer of the period of service for which he was appointed or for which the term of his appointment is, or

* Notified in the Commonwealth of Australia Gazette on 30 May 1978.

  Statutory Rules 1927, No. 161 as amended to date. For previous amendments of the Air Force Regulations see footnote   to Statutory Rules 1978, No. 61 and see also Statutory Rules 1978, Nos. 61 and 71.

11880/78 Cat. No. —Recommended retail price 20c 12/18.5.1978

is, under this regulation, to be deemed to have been, extended, the appointment of the officer shall be terminated with all convenient speed, but until the appointment is so terminated he remains an officer of the part of the Air Force in which he is serving.

“ (3) If the period of service in a part of the Air Force for which an officer was appointed or for which the term of his appointment is, or is, under this regulation, to be deemed to have been, extended expires during a time of war or defence emergency or a time for which the part of the Air Force to which he belongs is called out for continuous full-time service, the term of his appointment as an officer of that part of the Air Force shall be deemed to be extended until the end of that time.

Extension of appointments

“ 47. An officer appointed for a specified period of service may, on or before the expiration of that period, volunteer for a further period of service or for permanent appointment, and the Governor-General may extend the appointment for a further specified period of service or may convert the appointment to a permanent appointment accordingly.”.

Ranks

3. Regulation 50 of the Air Force Regulations is amended—

(a) by omitting sub-regulation (2) and substituting the following sub-regulation:

“ (2) The promotion of an officer shall be to substantive, temporary, acting or honorary rank.”; and

(b) by omitting from sub-regulation (3) “ 47,”.

Appointments to general duties branch

4. Regulation 52 of the Air Force Regulations is amended—

(a) by omitting from sub-regulation (1) “ A commission in the general duties branch of the Permanent Air Force may,” and substituting “ An appointment of a person as an officer in the general duties branch of the Permanent Air Force may be made ”;

(b) by omitting from sub-regulation (1) all words from and including “, be granted ”;

(c) by omitting sub-regulation (2) and substituting the following sub-regulation:

“ (2) A person shall not be appointed to be an officer in the general duties branch of the Permanent Air Force unless he is—

(a) an air cadet who has graduated from the Air Force Academy;

(b) a university graduate; or

(c) an airman in an aircrew mustering.”;

(d) by omitting from sub-regulation (3) “ to a commission under this regulation ” and substituting “ as an officer in the general duties branch of the Permanent Air Force ”;

(e) by omitting from sub-regulation (4) “ to a commission under this regulation ” and substituting “ as an officer in the general duties branch of the Permanent Air Force ”;

(f) by omitting from sub-regulation (5) “ under this regulation ” and substituting “ in the general duties branch of the Permanent Air Force ”; and

(g) by omitting from paragraph (b) of sub-regulation (5) “ to a commission ”.

Appointments to the engineer branch

5. Regulation 52aof the Air Force Regulations is amended—

(a) by omitting from sub-regulation (1) “ A commission in the engineer branch of the Permanent Air Force may,” and substituting “An appointment of a person as an officer in the engineer branch of the Permanent Air Force may be made ”;

(b) by omitting from sub-regulation (1) all words from and including “, be granted ”;

(c) by omitting sub-regulation (2) and substituting the following sub-regulation:

“ (2) A person shall not be appointed to be an officer in the engineer branch of the Permanent Air Force unless he is—

(a) an air cadet;

(b) a university graduate or under-graduate;

(c) a person who has served in any of Her Majesty’s Forces; or

(d) a graduate of an institution of tertiary education other than a university.”;

(d) by omitting from sub-regulation (3) “ to a commission under this regulation ” and substituting “ as an officer in the engineer branch of the Permanent Air Force ”;

(e) by omitting from sub-regulation (4) “ to a commission under this regulation ” and substituting “ as an officer in the engineer branch of the Permanent Air Force ”; and

(f) by omitting from sub-regulation (5) “ under this regulation ” and substituting “ in the engineer branch of the Permanent Air Force ”.

Appointments to the equipment, accountant and special duties branches

6. Regulation 53 of the Air Force Regulations is amended—

(a) by omitting from sub-regulation (1) “ A commission in the equipment branch, the accountant branch or the special duties branch with the rank on appointment of pilot officer may,” and substituting “ An appointment of a person as an officer in the equipment branch, the

accountant branch or the special duties branch of the Permanent Air Force may be made ”;

(b) by omitting from sub-regulation (1) “, be granted to a person ”;

(c) by inserting after sub-regulation (1) the following sub-regulation:

“ (1a) A person shall, on first appointment as an officer in the equipment branch, the accountant branch or the special duties branch of the Permanent Air Force, be appointed with the rank not above that of flight lieutenant.”; and

(d) by omitting from sub-regulation (2) “ under this regulation ” and substituting “ in the equipment branch, the accountant branch or the special duties branch of the Permanent Air Force ”.

Appointments to the medical branch

7. Regulation 54 of the Air Force Regulations is amended—

(a) by omitting from sub-regulation (1) “ A commission in the medical branch of the Permanent Air Force with the rank on appointment not above that of flight lieutenant may,” and substituting “ An appointment of a person as an officer in the medical branch of the Permanent Air Force may be made ”;

(b) by omitting from sub-regulation (1) “, be granted to a person ”;

(c) by inserting after sub-regulation (1) the following sub-regulation:

“ (1a) A person shall, on first appointment as an officer in the medical branch of the Permanent Air Force, be appointed with a rank not above that of flight lieutenant.”; and

(d) by omitting from sub-regulation (2) “ under this regulation ” and substituting “ in the medical branch of the Permanent Air Force ”.

Appointments as officers of warrant or non-commissioned officers

8. Regulation 54aa of the Air Force Regulations is amended—

(a) by omitting from sub-regulation (1) “ a commission in any branch of the Permanent Air Force may be granted ” and substituting “ an appointment of an airman as an officer in any branch of the Permanent Air Force may be made ”;

(b) by omitting from sub-regulation (1) all words after “ Air Staff ”;

(c) by inserting after sub-regulation (1) the following sub-regulation:

“ (1a) An airman shall, on first appointment as an officer in the Permanent Air Force, be appointed—

(a) in the case of the appointment of a warrant officer —with the rank of flying officer; or

(b) in the case of an airman other than a warrant officer—with the rank of pilot officer.”; and

(d) by omitting from sub-regulation (2) ‘ under this regulation ” and substituting “ in accordance with this regulation ”.

Appointments as officers of ex-officers of Her Majesty’s Forces and university graduates

9. Regulation 54a of the Air Force Regulations is amended—

(a) by omitting “, on the recommendation of the Chief of Air Staff, be granted a commission ” and substituting “ be appointed to be an officer ”; and

(b) by omitting from sub-regulation (2) “ granted a commission under this regulation ” and substituting “ appointed in accordance with this regulation ”.

10. (1) Regulation 54b of the Air Force Regulations is repealed and the following regulation substituted:

Appointments to be on probation

“ 55. (1) A person other than an air cadet who is appointed to be an officer shall be appointed on probation for a period of 2 years.

“ (2) The Governor-General may, at any time during the period of probation, terminate the appointment of the person as an officer.

“ (3) The Governor-General may, at any time after the expiration of the period of the first 12 months’ probation, confirm the appointment of the person as an officer.

“ (4) If, at the expiration of the period of probation, the appointment of a person as an officer has not been so terminated or confirmed, the Governor-General shall confirm the appointment.

“ (5) A person appointed to be an officer on probation remains an officer on probation until his appointment is confirmed or terminated in accordance with this regulation.”.

(2) A person who had, before the commencement of these Regulations, been appointed to be an officer of the Australian Air Force on probation for a period (including any extension) of less than 2 years and whose appointment has not been confirmed before the commencement of these Regulations shall be deemed to have been so appointed on probation for a period of 2 years.

Repeal of regulations 56 and 56aa

11. Regulations 56 and 56aa of the Air Force Regulations arc repealed.

Notification of appointments

12. Regulation 58 of the Air Force Regulations is amended by omitting “ in regulations 59 and 59a, all appointments relating to officers shall be notified in the Gazette and promulgated in Orders ” and substituting “ by regulation 59a, the appointment of a person as an officer shall be notified in the Gazette ”.

Repeal of regulation 59

13. Regulation 59 of the Air Force Regulations is repealed.

Promotion to flight lieutenant

14. Regulation 65 of the Air Force Regulations is amended by omitting from paragraphs (b), (c), (d) and (c) of sub-regulation (1) and from paragraphs (b) and (c) of sub-regulation (3) “ prior to his having been granted a commission ” (wherever occurring) and substituting “ before his appointment as an officer ”.

Air cadets

15. Regulation 97 of the Air Force Regulations is amended by omitting from sub-regulation (2) “ granted a commission ” and substituting “ appointed to be an officer ”.

Cadets-Citizen Air Force

16. Regulation 97a of the Air Force Regulations is amended by omitting from sub-regulation (3) “ to a commission ” and substituting “ to be an officer ”.

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