STATUTORY RULES.
1920. No. 222.
REGULATIONS UNDER THE DEFENCE’ ACT 1903-1918 AND THE NAVAL DEFENCE ACT 1910-1918.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, in pursuance of the powers conferred on me by the Defence Act 1903-1918 and the Naval Defence Act 1910-1918 and all other powers me thereunto enabling, hereby make the following Regulations to come into operation forthwith.
Dated this ninth day of November, 1920.
FORSTER,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Minister of State for Defence.
Air Council Regulations.
Composition.
1. These Regulations may be cited as the Air Council Regulations.
2. The Air Council shall consist of:—
The Minister of State for Defence (President).
A Naval Member.
A Military Member.
Two Members of the Air Board (one nominated by the Naval Member and the other by the Military Member).
The Controller of Civil Aviation.
The Minister shall have the general direction and supervision of all business.
Meetings.
3. Meetings of the Council shall be convened by the President monthly, or more often if required. If the President is not present at the meeting the senior officer present shall preside.
Four members shall constitute a quorum, of whom one shall be the Naval Member and one the Military Member.
Minutes.
4. Minutes shall be kept of all meetings of the Council.
Secretary
5. There shall be a Secretary to the Council, who may be the Secretary to the Air Board.
Functions.
6. The functions of the Council shall be:—
(i) To advise the Minister upon the Air Force provision necessary from time to time for the defence of Australia.
(ii) To co-ordinate the Air Force requirements of the Naval and Military Forces respectively; and to advise upon questions of principle affecting command and administration resulting from the distribution of the Air Force.
(iii) To advise the Minister upon all matters of poliey or principle affecting the organization, distribution, and preparation for war of such Air Forces as may be established.
(iv) To allocate the Funds made available for air defence.
(v) To advise upon the general control of Commonwealth air policy in its Naval and Military aspects and to co-ordinate civil aviation therewith.
(vi) To advise and make recommendations upon such matters as the Council may direct shall be referred to it from the Air Board.
Command and administration of the Air Forces.
7. In relation to the administration and command of the Air Forces, the Air Board shall be responsible to, and subject to the control of, the Air Council.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Air Council Regulations 1920 were enacted to address the need for a structured and coordinated governance framework for the newly established Australian Air Force. This legislative instrument was introduced under the Defence Act 1903-1918 and the Naval Defence Act 1910-1918 by the Commonwealth Parliament, with the Governor-General, Forster, issuing the regulations on behalf of the Commonwealth of Australia. The policy objective was to establish an Air Council that would provide strategic direction, coordination, and oversight of the Air Force's requirements, ensuring alignment with the broader defence strategies of the Navy and Military Forces. This governance structure aimed to ensure efficient allocation of resources and coherent policy formulation for air defence and civil aviation within the Australian context.
Scope and Application
The Air Council Regulations, made under the Defence Act 1903-1918 and the Naval Defence Act 1910-1918, apply specifically to the formation, functions, and operations of the Air Council within the Australian Defence Force. This legislation establishes the composition of the Air Council, which includes the Minister of State for Defence, a Naval Member, a Military Member, two Members of the Air Board, and the Controller of Civil Aviation, with the Minister holding the general direction and supervision over all business. The Regulations also outline the convening of meetings, the requirement for a quorum, and the keeping of minutes. The primary functions of the Air Council are to advise the Minister on air force provisions necessary for Australia’s defence, coordinate air force requirements of the Naval and Military Forces, advise on matters of policy and principle concerning air force organization and war preparation, allocate funds for air defence, and oversee the general control of Commonwealth air policy in its naval and military aspects, while coordinating with civil aviation. This legislative instrument applies nationally within the Commonwealth of Australia, governing the administrative and command structure of the Air Forces under the Air Council’s purview.
Key Provisions
The Air Council Regulations (C1920L00222) establish the structure and functions of the Air Council under the Defence Act 1903-1918 and the Naval Defence Act 1910-1918. The Regulations detail the composition of the Air Council, which includes the Minister of State for Defence as the President, a Naval Member, a Military Member, two Members of the Air Board (nominated by the Naval and Military Members respectively), and the Controller of Civil Aviation (Regulation 2). Meetings of the Council are to be convened by the President, either monthly or more frequently if necessary, with a quorum of four members, including one Naval and one Military Member, required for decision-making (Regulation 3). The Council is also required to maintain minutes of its meetings (Regulation 4), and it must have a Secretary, who may also serve as the Secretary to the Air Board (Regulation 5).
The Air Council is tasked with several key functions under these Regulations. Primarily, the Council advises the Minister on the necessary air force provisions for the defence of Australia, coordinates the air force requirements of the Naval and Military Forces, and advises on matters of policy and principle affecting the organization, distribution, and preparation for war of the Air Forces (Regulation 6(i)-(iii)). Additionally, the Council allocates funds for air defence and advises on the general control of Commonwealth air policy in its Naval and Military aspects, coordinating civil aviation with these policies (Regulation 6(iv)-(v)). The Council is also empowered to advise and make recommendations on any matters referred to it from the Air Board (Regulation 6(vi)). The Air Board, in turn, is responsible to the Air Council for the administration and command of the Air Forces (Regulation 7).
Failure to comply with the obligations and requirements set out in these Regulations may lead to various consequences. Although specific offences and penalties are not detailed within the text of these Regulations, breaches of regulations under the Defence Act 1903-1918 and the Naval Defence Act 1910-1918 could result in both civil and criminal liabilities. The Defence Act and the Naval Defence Act provide for offences related to the administration and operation of defence forces, with penalties that may include fines and imprisonment, depending on the severity of the breach. For instance, under the Defence Act, offences such as disobedience of lawful commands can attract penalties including imprisonment for up to two years, while more serious offences may incur longer periods of imprisonment and higher fines. Similar provisions and penalties may apply to breaches of the Naval Defence Act.