Air Force Regulations (Amendment) (Cth)

STATUTORY RULES.

1963. No. 114.

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REGULATIONS UNDER THE AIR FORCE ACT 1923-1956.*

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 1923-1956.

Dated this thirty-first day of October, 1963.

DE L’ISLE

Governor-General.

By His Excellency’s Command,

(Sgd.) DAVID FAIRBAIRN

Minister of State for Air.

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Amendments of the Air Force Regulations. 

Parts.

1. Regulation 2 of the Air Force Regulations is amended by omitting the words—

“Part V.—Leave of Absence (other than Leave of Absence for Long Service)—Regulations 120-132.”

and inserting in their stead the words—

“Part V.—Leave of Absence (other than Leave of Absence for Long Service)—Regulations 120-135.”.

Definitions.

2. Regulation 4 of the Air Force Regulations is amended by omitting from the definition of “the Rules of Procedure” in sub-regulation (1.) the words “,or any rules in substitution for them”.

Application of Rules of Procedure.

3. Regulation 13 of the Air Force Regulations is amended by omitting from sub-regulation (1.) the words “in like manner as they apply to the Royal Air Force”.

Age for enlistment.

4. Regulation 93 of the Air Force Regulations is amended by omitting the word “eighteen” and inserting in its stead the word “seventeen”.

 

* Notified in the Commonwealth Gazette on 1st November, 1963.

Statutory Rules 1927, No. 161, as amended to date. For previous amendments of the Air Force Regulations, see footnote   to Statutory Rules 1963, No. 63; and see also Statutory Rules 1963, Nos. 64, 76 and 91.

10855.—Price 5d. 12/8.10.1963.

 

Part V.

5. Part V. of the Air Force Regulations is repealed and the following Part inserted in its stead:—

“Part V.—Leave of Absence (other than Leave of Absence for Long Service).

Definitions.

“120. In this Part, unless the contrary intention appears—

‘flying member’ means a member who has the qualifications required by the Air Board for flying members;

‘member’ means a member on continuous full-time air force service;

‘holiday’ means—

(a) the first day of January (New Year’s Day);

(b) the twenty-sixth day of January (Australia Day);

(c) Good Friday;

(d) the Monday following Good Friday;

(e) the twenty-fifth day of April (Anzac Day);

(f) Christmas Day;

(g) the twenty-sixth day of December (Boxing Day);

(h) any day determined by the Air Board to be observed as a holiday in lieu of any of the days specified in the preceding paragraphs;

(i) the day that the Air Board determines to be the day for the observance of the anniversary of the birthday of the Sovereign; and

(j) any other day, or part of any other day, determined by the Air Board to be a holiday in an Air Force establishment;

‘recreation leave’ means leave of absence for recreation;

‘year’ means a period of twelve months ending on the thirtieth day of June.

Air Board or commanding officer may grant leave.

“121. Leave of absence under this Part may be granted by the Air Board or, subject to such conditions as the Air Board determines, by the commanding officer.

Recreation leave—basis for granting leave and time of eligibility for grant.

“122.—(1.) A flying member may be granted in respect of each year of his service recreation leave for such period, not exceeding twenty-five days (not including a Saturday, Sunday and holiday), as the Air Board determines having regard to the flying hours or exercises completed by the flying member in that year.

“(2.) A member, other than a flying member, may be granted in respect of each year of his service recreation leave for a period not exceeding fifteen days (not including a Saturday, Sunday or holiday).

“(3.) Where a member has served in a locality specified by the Air Board to be a remote locality, the member may be granted an additional period of recreation leave not exceeding ten days (not including a Saturday, Sunday or holiday) in respect of a year served in the locality.

“(4.) Subject to regulation 125, a member is not eligible for the grant of recreation leave in respect of his service in a year until the expiration of that year.

“(5.) Where the period for which a member has served in a year, or the period for which a member has served in a remote locality in a year, is less than twelve months, the period of recreation leave or the additional period of recreation leave that may be granted to the member in respect of his service in that year or his service in that locality, as the case may be, is a period that bears to whichever of the periods of recreation leave specified in sub-regulations (1.), (2.) and (3.) of this regulation is applicable in relation to the member the same proportion as the number of months for which the member served in that year or in that locality, as the case may be, bears to twelve.

“(6.) For the purpose of this regulation, a member shall not be deemed to have served—

(a) in a period (other than the first month of that period) during which he is—

(i) on leave of absence without pay; or

(ii) on leave of absence for long service; or

(b) in a period during which he is—

(i) a deserter;

(ii) absent without leave; or

(iii) lawfully imprisoned or undergoing detention.

Eligibility for recreation leave ceases after a year.

“123.—(1.) Subject to the next succeeding regulation, a member ceases to be eligible for the grant of recreation leave in respect of his service in a year, unless he is granted and takes the leave on or before the thirtieth day of June next succeeding the expiration of that year.

“(2.) For the purpose of this regulation, a period of recreation leave that commences in one year and finishes in the next year shall be deemed to have been taken before the thirtieth day of June in the former year.

Recreation leave may be carries forward.

“124.—(1.) The Air Board may—

(a) if it is impracticable to grant to a member recreation leave, in respect of his service in a year, on or before the thirtieth day of June next succeeding the expiration of that year; or

(b) for any other reason that it thinks sufficient,

permit the member to take that recreation leave in the next succeeding year in addition to any other leave for which he may become eligible in that year.

“(2.) A member stationed in a locality that is declared to be a remote locality by the Air Board may be granted recreation leave, for the grant of which he has become eligible, within such period as the Air Board determines in the two years next succeeding the year in respect of which he became eligible for the grant of that recreation leave.

Recreation leave in advance.

“125. Notwithstanding sub-regulation (4.) of regulation 122 but subject to such conditions as the Air Board determines, recreation leave in respect of past service may be granted in advance of the time prescribed in that sub-regulation.

Sickness while on recreation leave.

“126. A member who becomes ill or suffers a disability while on recreation leave may be granted additional recreation leave equivalent to the period of illness or disability falling within the first-mentioned recreation leave, subject to such conditions as the Air Board determines.

Recreation leave for extra duties.

“127. A member who is required to perform extra duties outside and in addition to his usual hours of duty or on a holiday may be granted additional recreation leave for such periods and subject to such conditions as the Air Board determines.

Certain members not subject to regulations 121 to 127.

“128.—(1.) Regulations 121 to 127 (inclusive) do not apply to a member who is—

(a) with the approval of the Air Board, undergoing a full-time course of training at a university or technical college;

(b) a junior equipment and administrative trainee undergoing his first year of training;

(c) an air cadet;

(d) an airman apprentice; or

(e) on loan to or on exchange duty with the Naval or Military Forces of the Commonwealth or with any other naval, military or air force.

“(2.) A member referred to in the last preceding sub-regulation may be granted recreation leave for such periods and subject to such conditions as the Air Board determines.

Pre-embarkation leave.

“129. Subject to such conditions as the Air Board determines, a member posted for service in a locality outside Australia approved by the Air Board may be granted pre-embarkation leave of absence not exceeding seven days (including a Saturday, Sunday and holiday).

Compassionate leave.

“130. Subject to such conditions as the Air Board determines, a member may be granted compassionate leave of absence not exceeding in a year seven days (including Saturdays, Sundays and holidays).

Travelling leave.

“131. A member who is granted recreation, compassionate or pre-embarkation leave of absence may be granted additional leave of absence for travelling for such periods and subject to such conditions as the Air Board determines.

Unit leave.

“132. Subject to such conditions as the Air Board determines, unit leave of absence may be granted to members on Saturdays, Sundays and holidays.

Leave for examination purposes.

“133 Subject to such conditions as the Air Board determines, a member may be granted leave of absence not exceeding in a year five days (excluding Saturdays, Sundays and holidays) for the purpose of attending examinations approved by the Air Board.

Leave without pay.

“134.—(1.) A member may be granted leave of absence without pay for a period not exceeding twelve months on such conditions as the Air Board thinks fit.

“(2.) Subject to the next succeeding sub-regulation, leave of absence granted under this regulation shall not, except where the period of the leave does not exceed three months, be included in the period of service of a member for the purposes of grant of rank on retirement, medals or decorations, or long service leave.

“(3.) The period during which a member is granted leave of absence under this regulation to pursue a course of study under a Commonwealth scheme of vocational training is continuous full-time service for the purpose of a grant of long service leave.

“(4.) The continuity of service of a member shall be deemed not to be broken by a period of leave of absence granted under this regulation.

In the public interest Air Force establishments may be kept open and attendance required on public holidays.

“135. The Minister or the Air Board may in the public interest require any Air Force establishment to be kept open for the whole or a part of a holiday and may require the attendance and services of any member during a holiday.”.

Meaning of “pay” in regulations 149 and 150.

6. Regulation 152b of the Air Force Regulations is amended by omitting paragraphs (j) and (k) of sub-regulation (1.) and inserting in their stead the following paragraphs:—

“(j) flight pay;

(k) the allowance payable under regulation 554; and

(l) higher duty allowance to the extent approved by the Air Board.”.

Meaning of period of service in regulations 149 and 150.

7. Regulation 152c of the Air Force Regulations is amended—

(a) by omitting sub-paragraph (iv) of paragraph (d) of sub-regulation (4.) and inserting in its stead the following subparagraph:—

“(iv) any other law of the Commonwealth, a State or a Territory of the Commonwealth which provides for the grant of leave of absence for furlough or long service leave; or”;

(b) by omitting paragraph (e) of sub-regulation (4.); and

(c) by omitting sub-paragraph (iii) of paragraph (b) of sub-regulation (6.) and inserting in its stead the following subparagraph:—

“(iii) in pursuance of regulation 134 for a period not exceeding three months; or”.

 

Commencement of sentences.

8. Regulation 414 of the Air Force Regulations is amended by omitting sub-regulation (4.) and inserting in its stead the following sub-regulation:—

“(4.) A sentence of discharge or discharge with ignominy awarded to an airman by a court-martial takes effect—

(a) if it is conjoined with a sentence of detention—on completion of the sentence of detention; and

(b) in any other case—on the day of its promulgation.”.

Member on leave without pay.

9. Regulation 627 of the Air Force Regulations is amended by omitting the figures “616” and inserting in their stead the figures “617”.

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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.