AIR FORCE ACT
AIR FORCE REGULATIONS
Statutory Rules 1968, No. 90(a)
Re-engagement of airmen.
1. Regulation 106 of the
Air Force Regulations is amended by omitting from paragraph (d) of
sub-regulation (2.) the words “one year” and inserting in their stead the words
“two years”.
Second Schedule.
2. The Second Schedule to
the Air Force Regulations is amended by inserting in the table headed “(i) Modifications.”, after item (le), the
following item:—
“(lf) | 163 | Add at the end of sub-section (1) the following paragraphs:— |
‘(n) Any document which by
virtue of the law of England would be admissible in proceedings before a
civil court in England shall, in the like manner and for the like purpose, be
admissible:
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‘(o) For the purpose of the last
preceding paragraph, the Bankers’ Books Evidence Act, 1879, of the United
Kingdom shall be deemed to apply to and in relation to the production and
admissibility of documentary evidence in accordance with that Act as if any reference
to a bank in that Act includes a bank as defined by the Banking Act 1959–1967
of the Commonwealth of Australia’;”.
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Third Schedule.
3. The Third Schedule to
the Air Force Regulations is amended—
(a) by omitting items (a)
and (b) from the table headed “(i) Modifications.”
and inserting in their stead the following items:—
“(a) | 3 | Add the following paragraph:— |
‘(c) The evidence of a witness
against the accused may be given orally in the presence of the accused or,
with the consent of the accused, by means of a statement in writing from the
witness which the commanding officer shall read to the accused.’;
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“(aa) | 5 | Insert after paragraph (a) the
following paragraph:— |
‘(aa) Nothing in the last preceding sub-rule prevents the
commanding officer from hearing, and taking down, at any time before he
exercises the powers conferred upon him by paragraphs (i),
(ii) or (iii) of that sub-rule, further evidence that he considers relevant
to the charge and for the purposes of the exercise of the powers conferred by
those paragraphs the evidence so heard when taken down shall be deemed to be
part of the summary of evidence.’;
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“(ab) | 10 | Omit all the words from and including
the words ‘In this rule the expression’ to the end of the rule and insert in
their stead the following paragraph:—
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‘In this rule, the expression “superior
officer” means an officer superior in command to the officer or authority who
awarded the punishment.’;
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“(ac) | 17 | Omit from paragraph (c) the words ‘the British Islands’
(wherever occurring) and insert in their stead the word ‘Australia’;
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Omit paragraph (e) and
insert in its stead the following paragraphs:— |
‘(e) The officer convening a court-martial shall send to
the officer appointed president of the court-martial the original
charge-sheet on which the accused is to be tried and shall send to each of
the other officers appointed to compose the court-martial and to the
judge-advocate (if any) a copy of that charge-sheet.
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‘(f) The officer convening a court-martial shall send
the summary or abstract of evidence—
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(i) where a
judge-advocate is appointed to the court-martial—to the judge-advocate; or
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(ii) where a judge-advocate is not so
appointed—to the officer appointed president of the court-martial.’;
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(a) Made under the Air Force Act 1923–1965 on 2
August 1968; notified in the Commonwealth Gazette on 15 August 1968.
“(ad) | 22 | Omit from paragraph (a) the words ‘and the summary or
abstract of evidence or a true copy thereof’;
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“(ae) | 39a | Insert after Rule 39 the following Rule:— |
‘39a.—(a) At
the close of the evidence for the prosecution the accused may, in respect of
a charge, submit that the prosecution has failed to establish a prima
facie case for him to answer and that he should not be called upon to
make his defence to that charge, and if the accused makes such a submission,
the prosecutor may address the court in answer to that submission and the
accused may reply to the prosecutor’s address.
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‘(b)
The court shall not allow the submission unless it is satisfied that—
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(i) it would
not be open to the court to make an alternative finding under section 56 of
the Air Force Act or a special finding under Rule of Procedure 44; and
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(ii) there has been no evidence to
prove an essential element in the alleged offence; or
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(iii) the evidence adduced by the
prosecution has been so discredited as the result of cross-examination, or is
so manifestly unreliable, that no reasonable tribunal could safely convict on
it.
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‘ (c) If the court allows the
submission, it shall find the accused not guilty of the offence to which the
submission relates and announce this finding in open court forthwith and if
the court disallows the submission, it shall proceed with the trial of the
offence as charged.
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‘(d) Where, in accordance with Rule 103a, the judge-advocate hears the
addresses and determines the submission in the absence of the president and
members of the court, the ruling of the judge-advocate as to allowance or
disallowance of the submission shall, for the purposes of the last preceding
paragraph of this rule, be deemed to be allowance or disallowance, as the
case may be, by the court.
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‘(e) Notwithstanding anything in the preceding
paragraphs of this Rule, the court may, at any time after the opening address
by the prosecutor, find the accused not guilty of any offence covered by the
charge, if the court is satisfied that—
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(i) the
evidence available to the prosecution does not disclose an offence;
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or
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(ii) there is no evidence available to
the prosecution to prove an essential element in the alleged offence or in
any offence of which the court could make a special finding,
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and, if the court so finds, it shall
announce this finding in open court forthwith.’.
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“(b) | 40 | Insert in paragraph (a), after the word ‘prosecution’, the
words ‘or, if there has been a submission of no case to answer, after the
disallowance of that submission’;”;
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and
(b) by inserting after item
(bf) in that table the following items:—
“(bfa) | 103 | Omit from paragraph (c) the
words ‘and will give his advice on any matter before the court’ and insert in
their stead the words ‘and shall give his ruling or advice thereon, as the
case requires’;
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Omit paragraph (f) and insert in
its stead the following paragraphs:—
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‘(f) Where, during the course of
a trial that he attends, any question of law or procedure arises, the
judge-advocate shall give his ruling thereon and the court shall follow that
ruling;
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‘(fa) Without prejudice to the
generality of the meaning of the expression “question of law”, that
expression, as used in this and the next succeeding Rule, shall be read as
including a submission that there is no case to answer and any question
relating to the admissibility of evidence.’;
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“(bfb) | 103a | Insert after Rule 103 the following Rule:— |
‘103a—(a) Where the accused raises a question of law or
procedure, then, he may address the court in respect of the matter, the
prosecutor may address the court in answer to that address, and the accused
may reply to the prosecutor’s address.
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‘(b)
Where the prosecutor raises a question of law or procedure, then, he
may address the court in respect of the matter, the accused may address the
court in answer to that address, and the prosecutor may reply to the
accused’s address.
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‘(c) Where a question of law or
procedure is raised during a trial, and the judge-advocate considers that the
interests of justice would best be served by his hearing argument and
determining the issue in the absence of the court, he shall so advise the president
and, thereupon, the president shall direct all members of the court and any
officer under instruction to withdraw from the court-room, and he and they
shall withdraw.
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‘(d) When the president and members of
the court have withdrawn in accordance with the last preceding paragraph of
this Rule, the judge-advocate shall hear the arguments and any evidence
relevant to the point at issue and in giving his ruling thereon shall state
such reasons for that ruling as he considers necessary.
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‘(e) After the judge-advocate has given
his ruling, the president and members of the court and any officer under
instruction shall return to the court-room and the judge-advocate shall
announce his ruling to the court.
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‘(f) Where a judge-advocate sits alone
in accordance with this Rule, the proceedings before him form part of the
proceedings of the court.
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‘(g) The judge-advocate is responsible
for ensuring that the president and members of the court do not see the
record of proceedings before him while sitting alone until after the court
has announced its finding.’.”.
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Fourth Schedule.
4. The Fourth Schedule to
the Air Force Regulations is amended—
(a) by omitting from the
table headed “(i) Modifications.” the words
and figures opposite the figures “XV. | III. | 1126” and inserting in their
stead the following words and figures:—
“Omit from clause 4 the words
‘Every charge’ and insert in their stead the words ‘Unless the C.O. decides to
conduct the investigation personally in the first instance, every charge’.
“Omit from clause 5 the words and
figures ‘(See para 112)’.”; and
(b) by omitting from that
table the words and figures opposite the figures “XVI. | III. | 1295” and
inserting in their stead the following words and figures:—
“Omit from clause 5 the words and
figures ‘(See para 112)’.; and
‘1. An officer sentenced to a
punishment that is lower in the scale of punishments set out in Section 44 of
the Air Force Act than dismissal from Her Majesty’s service, or an airman
sentenced to a punishment that is lower in that scale than discharge from the
Defence Force of the Commonwealth may be released from arrest on the order of
his C.O. The C.O. should not, except in special circumstances, delay or
withhold the release of an officer or airman from arrest in pursuance of this
clause. Nothing in this clause prevents an officer or airman who has been
released from arrest from being re-arrested at any time.’;
Insert after clause 2, the
following clauses:—
‘3. Where an officer has been
sentenced to cashiering or to dismissal from Her Majesty’s service, or an
airman has been sentenced to discharge with ignominy from Her Majesty’s service
the officer who convened the court-martial that sentenced the officer, or the
C.O. of the airman, may, if in his opinion the circumstances warrant so doing,
order that the officer or the airman be released into open arrest pending
promulgation of the sentence. An officer or N.C.O. released into open arrest in
pursuance of this clause should not, except in special circumstances, be called
upon to perform any air-force duty.
‘4. An officer or an airman who
has been sentenced to imprisonment or detention shall be retained in close
arrest.’.”.
Statutory Rules 1968, No. 98(b)
Chaplains.
1. Regulation 48 of the Air Force Regulations is
amended by omitting from sub-regulation (2.) the words “but shall not hold any
rank other than that of chaplain of the Air Force” and inserting in their stead
the words “and holds the rank of chaplain of the Air Force”.
(b) Made under the Alt Force
Act 1923–1965 on 30 August 1968; notified in the Commonwealth Gazette on
5 September 1968.
Principal Air Chaplains.
2. Regulation 48a of the Air Force Regulations is
amended by omitting sub-regulation (3.).
Chaplains-precedence.
3. Regulation 51 of the
Air Force Regulations is repealed and the following regulation inserted in its
stead:—
“51.—(1.)
For the purpose of precedence, a chaplain who holds an appointment of Principal
Air Chaplain shall be deemed to hold a rank that corresponds with the rank of
Air Commodore.
“(2.) For
the purpose of precedence, a chaplain, other than a chaplain who holds an
appointment of Principal Air Chaplain, shall be deemed to hold a rank that
corresponds with the rank specified in the second column of the following table
in relation to his length of service in the rank of chaplain:—
Length of service | Corresponding rank |
Not less than 18 years............................................................................................ | Group Captain |
Less than 18 years but not less than 12 years........................................................... | Wing Commander |
Less than 12 years but not less than 4 years............................................................. | Squadron Leader |
Less than 4 years................................................................................................... | Flight Lieutenant |
Repeal.
4. Regulations 67 and 67a of the Air Force Regulations are
repealed.
Retiring ages of officers.
5.—(1.) Regulation 88 of
the Air Force Regulations is amended by omitting sub-regulation (1.) and
inserting in its stead the following sub-regulation:—
“(1.) The
age for the compulsory retirement of an officer, other than an officer who is a
chaplain of the Air Force or a member of the Nursing Service, is the age set
out in the following table in relation to the substantive rank that the officer
holds and the branch in which he is serving:—
Substantive rank. | General Duties Branch | Other Branches |
Air Marshal........................................................................................ | 60 | .. |
Air Vice-Marshal................................................................................ | 57 | 60 |
Air Commodore.................................................................................. | 55 | 58 |
Group Captain.................................................................................... | 55 | 57 |
Group Officer..................................................................................... | .. | 55 |
Wing Commander............................................................................... | 50 | 55 |
Wing Officer...................................................................................... | .. | 55 |
Squadron Leader................................................................................. | 47 | 55 |
Squadron Officer................................................................................ | 50 |
Flight Lieutenant................................................................................. | 45 | 55 |
Flight Officer...................................................................................... | 50 |
Flying Officer..................................................................................... | 45 | 55 |
Section Officer................................................................................... | 50 |
Pilot Officer....................................................................................... | 45 | 55 |
(2.) Regulation 88 of the Air
Force Regulations is amended by inserting after sub-regulation (1a.) the following regulation:—
“(1b.) The age for the compulsory
retirement of a chaplain of the Air Force, other than a chaplain who holds an
appointment of Principal Air Chaplain, is—
(a) in the case of a
chaplain whose length of service in the rank of chaplain will exceed eighteen
years upon his attaining the age of fifty-five years—fifty-seven years; or
(b