Air Force Regulations (Amendment) (Cth)
Statutory
Rules 1965,
No. 57.
(
“Division 5.—Special Provisions for the Summary Disposal of Charges against Members of the Citizen Air Force—Regulations 223-227.”
and inserting in their stead the words—
“Division 5.—Special Provisions for the Summary Disposal of Charges against Members of the Air Force Emergency Force and the Citizen Air Force—Regulations 223-227.”;
(
“Part VII.—Works, Buildings, Quarters, and Equipment—Regulations 431-442.”
the words—
“Part VIIa.—Air Force Emergency Force—Regulations 422a-442d.”; and
(
“Division 11.—Gratuities—Regulations 635-644.”
the words—
“Division 11a.—Air Force Emergency Force—Regulations 645-645e.”.
(
a ) by omitting the definition of “Reserve”; and(
b ) by inserting after the definition of “the Naval Forces” the following definition:—“‘the Reserve’ means the Air Force Reserve constituted under the Act;”.
“34. Members of the Permanent Air Force, the Air Force Emergency Force and the Active Citizen Air Force, when serving together, shall take precedence according to the dates of their respective appointments, enlistments or promotions.”.
“(
ba ) commissions for a period of four years in the Air Force Emergency Force;”.
(d) Made under the
“46a. The Governor-General may, on the recommendation of the Air Board, extend the commission of an officer of the Air Force Emergency Force for a period not exceeding two years.
“46b.—(1.) In this regulation—
(
a ) ‘officer’ means an officer appointed or transferred to the Air Force Emergency Force; and(
b ) a reference to the period for which a commission has been issued includes, in a case where the commission has been extended, the period for which the commission has been extended.
“(2.) An officer holds his appointment, and is, subject to the Act, liable to render air-force service in the Air Force Emergency Force during the period for which his commission has been issued.
“(3.) Where the period for which the commission issued to an officer ends during time of war, time of defence emergency or a time for which the part of the Air Force Emergency Force to which the officer belongs has been called out for continuous service, the term of the appointment of the officer shall be deemed to be extended, and the officer is, subject to the Act, liable to render air-force service in that Force, until the end of that time or, if more than one of those times successively occur, until the end of the last occurring of those times unless his services are sooner terminated.”.
7. Regulation 56 is amended by omitting the words “Citizen Air Force” and inserting in their stead the words “Air Force Emergency Force or the Citizen Air Force”.
“57.—(1.) Subject to this regulation, the Governor-General may, on the recommendation of the Air Board, transfer an officer from one part of the Air Force to another or from one branch to another upon such terms as to rank and seniority and subject to such conditions as the Governor-General, upon the recommendation of the Air Board, determines.
“(2.) In the absence of a determination to the contrary, an officer transferred under this regulation shall take seniority in the part or branch to which he is transferred from and including the date of his transfer.
“(3.) An officer shall not be transferred from one part of the Air Force to another part of the Air Force without his consent.”.
(
a ) inserting after the words “time of war” the words “or time of defence emergency”; and(
b ) inserting after the words “the war” the words “or the time of defence emergency”.
“73.—(1.) An officer may, by writing under his hand addressed to the Air Board, tender the resignation of his air-force office, but a resignation shall not be accepted, and is not effective, except as provided by this regulation.
“(2.) The Air Board may, without reference to the Governor-General, reject the resignation of an officer if—
(
a ) it is tendered in time of war or in time of defence emergency;(
b ) acceptance of the resignation would, in the opinion of the Board, seriously prejudice the ability of the Air Force to carry out air-force operations that it is engaged in carrying out or may be required to carry out; or(
c ) in the case of an officer—(i) who is engaged in, or has completed, a course of special training, a period of employment on special duties or a period of service outside Australia; or
(ii) who was appointed outside Australia and whose transport, or whose family’s transport, was at the expense of the Commonwealth,
the officer has not completed a period of service that, under a determination of the Air Board and in the circumstances, the officer is required to complete.
“(3.) The Air Board shall forward to the Minister, for submission to the Governor-General, any resignation that has been tendered and has not been rejected in pursuance of the last preceding sub-regulation.
“(4.) Where the Minister considers that the resignation of the officer should not be accepted unless and until the officer has complied with a condition, the officer’s resignation shall not be submitted to the Governor-General for acceptance until the officer has complied with that condition.
“(5.) The Governor-General may accept, or refuse to accept, the resignation of an officer, and whenever he accepts the resignation of an officer, shall specify in the instrument of acceptance the date upon which the resignation becomes effective.”.
(a) by inserting in sub-regulation (3.) after the words “time of war” the words “, time of defence emergency or during a time for which the part of the Air Force Emergency Force to which that officer belongs is called out for continuous service”;
(
b ) by omitting from paragraph (a ) of that sub-regulation the words “the Reserve” and inserting in its stead the words “the Air Force Emergency Force or the Reserve”; and(
c ) by inserting in that paragraph after the words “end of the war” (wherever occurring) the words “, the time of defence emergency or the time for which the part of the Air Force Emergency Force to which that officer belongs is called out for continuous service or, if more than one of those times successively occur, until the end of the last occurring of those times.”.
“89. In time of war or time of defence emergency, an officer of the Reserve or the Retired List may be transferred or appointed to the Active Force notwithstanding that his age exceeds that prescribed in the last preceding regulation and such an officer shall, unless his services are sooner terminated, be liable to render air-force service until the end of a period of three months after the end of that time or, if a time of war follows immediately after a time of defence emergency, after the end of the time of war.”.
(
a ) by omitting from sub-paragraph (iii) of paragraph (a) of sub-regulation (1.) the word “and”;(
b ) by inserting after paragraph (a ) of sub-regulation (1.) the following paragraph:—“(
aa ) in the Air Force Emergency Force—for a period of four years; and”;(
c ) by omitting sub-regulation (2.);(
d ) by inserting in sub-regulation (3.) after the word “person” the words “(other than a person enlisting in the Air Force Emergency Force)”; and(
e ) by omitting sub-regulation (4.).
“94.—(1.) A person offering to be enlisted in any part of the Air Force shall take and subscribe, before an officer or a Justice of the Peace or a commissioner for affidavits or declarations, an oath in the appropriate form set out in the First Schedule to these Regulations.
“(2.) The taking and subscribing of that oath by a person shall be regarded as the enlistment of that person in the Air Force and binds him to serve in the Air Force in accordance with the tenor of his oath until his service is lawfully terminated.
“95.—(1.) Where, under these Regulations, a person is required to take an oath in the appropriate form set out in the First Schedule to these Regulations and that person conscientiously objects to take an oath, he may make an affirmation in the appropriate form set out in that Schedule instead of taking an oath.
“(2.) An affirmation so made has the same force and effect and entails the same consequences as the taking of the oath.”.
865/66.—2
(
a ) by omitting from paragraph (c) of sub-regulation (2.) the word “and”; and(
b ) by inserting after paragraph (r) of sub-regulation (2.) the following paragraph:—“(
ca ) in the case of an airman of the Air Force Emergency Force—a period of two years; and”.
“110. When an airman of the Permanent Air Force ceases to be bound to render continuous full time air-force service, he shall be discharged with all convenient speed but, until he is discharged, he remains an airman.”.
“(3.) Sub-regulations (1.) and (1a.) of this regulation do not require the compulsory retirement of an airman or airwoman serving in time of war, in time of defence emergency or during a time for which a part of the Air Force Emergency Force is called out for continuous service but such an airman or an airwoman so serving—
(
a ) shall be retired at the expiration of a period of three months after the end of that time or, if more than one of those times successively occur, after the end of the last occurring of those times; and(
b ) may be retired by the Air Board at any time after the airman or the airwoman has attained the age applicable under sub-regulation (1.) and (1a.), as the case may be, of this regulation.”.
26
“Division 5.—Special Provisions for the Summary Disposal of charges against Members of the Air Force Emergency Force and the Citizen Air Force.”.
27
“223. This Division applies only to—
(
a ) a member of the Air Force Emergency Force at a time when he is not liable to render continuous full time air-force service under sub-section (3.), (6.) or (7.) of section 4h of the Act; or(
b ) a member of the Citizen Air Force at a time when he is not liable to render continuous full time air-force service under sub-section (3.) of section 4j of the Act or under section 50a of the Defence Act.”.
“Part VIIa.—Air Force Emergency Force.
“442a. Members of the Air Force Emergency Force are bound to render air-force service in accordance with sun-section (1.) of section 4h of the Act at such times, and for such periods not exceeding fourteen days in the aggregate in any one year, as the Air Board determines.
“442b. For the purposes of section 4h of the Act, the Air Board is the prescribed authority.
“442c.—(1.) Except—
(
a ) in time of war or time of defence emergency; or(
b ) during a time for which the Air Force Emergency Force or a part of that Force is called out for continuous service,
an airman of the Air Force Emergency Force may claim his discharge before the expiration of the period of service for which he is engaged, if he has given not less than three months’ notice in writing to his commanding officer of his intention to claim his discharge.
“(2.) Whenever an airman of the Air Force Emergency Force claims his discharge as provided by the last preceding sub-regulation, he shall, with all convenient speed, be discharged, but until he is discharged he remains an airman of the Air Force Emergency Force.
“442d.—(1.) If the term for which an airman of the Air Force Emergency Force has engaged or re-engaged expires during a time of war, a time of defence emergency or a time for which the part of the Air Force Emergency Force to which he belongs is called out for continuous service, the term of his engagement or re-engagement shall be deemed to be extended until the end of that time or, if more than one of those times successively occur, until the end of the last occurring of those times.
“(2.) Such an airman shall, at the end of the period for which his period of engagement or re-engagement is deemed to be extended, be discharged with all convenient speed but until discharged he remains an airman of the Air Force Emergency Force.”.
“443.—(1.) Members of the Citizen Air Force are bound to render air-force service in accordance with sub-section (1.) of section 4j of the Act at such times, and for such periods, as the Air Board determines.
“(2.) For the purposes of sub-section (3.) of section 4j of the Act, the Air Board is the prescribed authority.”.
“444a.—(1.) Except in time of war or time of defence emergency, an airman of the Active Citizen Air Force may claim his discharge before the expiration of the period of service for which he is engaged, if he has given not less than three months’ notice in writing to his commanding officer of his intention to claim his discharge.
“(2.) Whenever an airman of the Active Citizen Air Force claims his discharge as provided by the last preceding sub-regulation, he shall, with all convenient speed, be discharged, but until he is discharged he remains an airman of that Force.
“444b.—(1.) If the term for which an airman of the Citizen Air Force has engaged or re-engaged expires during a time of war or a time of defence emergency, the term of his engagement or re-engagement shall be deemed to be extended until the end of that time or, if a time of war follows immediately after a time of defence emergency, until the end of the time of war.
“(2.) Such an airman shall, at the end of the period for which his period of engagement or re-engagement is deemed to be extended, be discharged with all convenient speed but until discharged he remains an airman of the Citizen Air Force.”.
“645.—(1.) The daily rate of active pay for a member of the Air Force Emergency Force in respect of service rendered in accordance with regulation 442a is the rate that is prescribed for a member of the same rank or classification and branch, group or mustering, as the case may be, in the Permanent Air Force on appointment to that rank or classification and branch, group or mustering.
“(2.) The daily rate of active pay for a member of the Air Force Emergency Force who volunteers and is accepted for continuous full time air-force service with the Permanent Air Force or renders continuous full time air-force service under section 4h of the Act is the rate that is payable to a member of the same rank or classification and branch, group or mustering, in the Permanent Air Force who has the same service in rank as the first-mentioned member.
“645a.—(1.) A member of the Air Force Emergency Force who is serving on continuous full time air-force service with the Permanent Air Force and is receiving rates of active pay in accordance with sub-regulation (2.) of regulation 645 is, subject to such conditions as the Air Board determines, entitled to be paid during the period of that service the allowances, other than uniform allowance, prescribed for a member of the same rank in the Permanent Air Force.
“(2.) A member of the Air Force Emergency Force, other than a member to whom sub-regulation (1.) of this regulation applies, is, subject to such conditions as the Air Board determines, entitled to be paid the following allowances at the rates prescribed for members of the Permanent Air Force for the prescribed periods of service:—
(
a ) marriage allowance;(
b ) separation allowance;(
c ) living out allowance;(
d ) travelling allowance;(
e ) meal allowance;(
f ) retention of lodgings allowance; and(
g ) allowance for use of own conveyance.
“(3.) An
officer of the medical branch of the Air Force Emergency Force is, subject to
such conditions as the Air Board determines, entitled to be paid an allowance
at a rate determined by the Air Board where it is necessary for him to employ a
“(4.) A member of the Air Force Emergency Force who is employed as an instructor in the Air Training Corps and attends training parades of that Corps in respect of which he is not otherwise entitled to pay is, subject to such conditions as the Air Board determines, entitled to be paid an allowance at the rate specified in relation to his appointment in the following table, or, if he does not hold such an appointment, at the appropriate rate so specified in relation to his rank:—
Appointment or rank. | Rate per annum. | |
Units formed in schools. | Units formed elsewhere. | |
£ | £ | |
Appointment— | ||
| 50 | 50 |
| 30 | 30 |
Rank— | ||
| 50 | 80 |
| 40 | 65 |
| 30 | 50 |
| 25 | 40 |
| 20 | 35 |
| 20 | 35 |
| 20 | 30 |
| 10 | 25 |
| 10 | 20 |
“645b.—(1.) A member of the Air Force Emergency Force may be issued free with items of uniform and necessaries and shall be entitled to free replacement of those items, according to such scales of free issue and free replacement as are determined by the Air Board.
“(2.) In lieu of receiving a free issue of uniforms and necessaries an officer or warrant officer of the Air Force Emergency Force may purchase privately such of those articles as are authorized by the Air Board to be purchased and shall be refunded the actual cost of those articles, not exceeding the vocabulary price approved by the Air Board.
“(3.) A member whose service in the Air Force Emergency Force is terminated may retain such items of uniforms and necessaries as the Air Board approves—
(
a ) free of charge; or(
b ) on payment by the member of the unexpired value of the items calculated according to a scale approved by the Air Board.
“(4.) An amount payable by a member under the last preceding sub-regulation may, without prejudice to any other means of recovery, be deducted from the pay, allowances and other payments, accrued or accruing to the member under these Regulations.
“645c. Where a member of the Air Force Emergency Force who is rendering air-force service in accordance with regulation 442a or continuous full time air-force service under section 4h of the Act is, during the period for which he is required to render service, absent from duty on account of illness or injury, the member is entitled to pay and allowance in respect of such period of the absence, and subject to such conditions, as the Air Board determines.
“645d.—(1.) Subject to such conditions as the Air Board determines, a bounty is payable to a member of the Air Force Emergency Force, in accordance with the following scale, in respect of his service in that Force:—
On completion of one year’s service—One hundred pounds.
On completion of two years’ service—One hundred and twenty-five pounds.
On completion of three years’ service—One hundred and fifty pounds.
On completion of four years’ service—One hundred and seventy-five pounds.
On completion of each year’s service subsequent to four years’ service—One hundred and seventy-five pounds.
“(2.) Where a member of the Air Force Emergency Force ceases to be such a member upon the completion of —
(
(
(
the member may be paid a bounty, in respect of the period or further period of that service that is less than one year, in such circumstances, subject to such conditions, and of such amount as the Air Board determines.
“(3.) For the purpose of calculating the bounty payable to a member of the Air Force Emergency Force under this regulation, the service of a member in that Force commences on the day on which he becomes a member of that Force, or, if he becomes a member of that Force on two or more occasions, on the day on which he last becomes such a member.
“(4.) Where a person who has previously been a member of the Air Force Emergency Force again becomes such a member on the day immediately following the day on which he ceased to be such a member, the person is not, by reason only of those facts, a person who becomes a member of that Force on two occasions.
“645e. A member of the Air Force Emergency Force who commences to render continuous full time air-force service by reason of that Force or a part of that Force having been called out for continuous service under subsection (2.) of section 4h of the Act shall be paid a gratuity of Fifty-five pounds.”.
(
a ) by omitting from item (n ) of table (i)Modifications the words “Officers of the Citizen Air Force” and inserting in their stead the words “Officers of the Air Force Emergency Force and the Citizen Air Force”;(
b ) by omitting from item (o ) of that table the words “Airmen of the Citizen Air Force” and inserting in their stead the words “Airmen of the Air Force Emergency Force and the Citizen Air Force”;(
c ) by omitting from item (p ) of that table the words “, if he is an airman of the Permanent Air Force or of the Citizen Air Force when called out for war service,”; and(
d ) by omitting sub-paragraph (v) of paragraph (d ) of table (ii)Adaptations and inserting in its stead the following sub-paragraph:—“(v) a reference to an officer or airman of the regular air force shall be read as a reference to an officer or member, as the case may be, of the Air Force who is rendering, or is bound to render, continuous full-time air-force service;”.
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