Air Force Regulations (Amendment)

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Legislation au F1997B00496 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1938. No. 13.

 

REGULATIONS UNDER THE AIR FORCE ACT 1923.*

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.

Dated this Second day of February, 1938.

Governor-General.

By His Excellency’s Command,

Minister of State for Defence.

 

Amendment of the Air Force Regulations.†

Regulation 546a of the Air Force Regulations is repealed and the following regulation is inserted in its stead:—

Pay and allowances subject to adjustment according to cost of living.

“546a.—(1.) For the purposes of this regulation—

(a) the term “index number” means the weighted average retail price index number for the six State capital cities of the Commonwealth, as shown in the “Court” series of retail price index numbers published from time to time by, or at the direction of, the Commonwealth Court of Conciliation and Arbitration; and

(b) the term “pay and allowances” means the total annual amount of pay and allowances payable to any member in pursuance of regulations 547, 553, 557, 558, 559 and 566 of these Regulations, and, where the said regulations prescribe daily rates of pay or allowance, the said total annual amount shall be ascertained by multiplying by 365 the sum of the daily rates.

(2.) Where the index number for the six months ending on the thirty-first day of March or the thirtieth day of September in any year is less than 79.4, the pay and allowances of members shall, as from the commencement of the first fortnightly pay-period beginning in the

 

* Notified in the Commonwealth Gazette on , 1938.

† Statutory Rules 1927, No. 161, as amended by Statutory Rules 1928, Nos. 52 and 109; 1929, Nos. 75 and 114; 1930, Nos. 77, 94 and 135; 1931, Nos. 3, 78 and 115; 1932, Nos. 9, 63 and 133; 1933, Nos. 16, 46, 58, 82, 89 and 117; 1934, Nos. 25, 51, 74, 81, 122 and 125; 1935, Nos. 32 and 98; 1936, No. 17; 1937, No. 21; and 1938, No.              .—Thirty-first amendment.

96.—7/17.1.1938.—Price 3d.


month of July or the month of January (as the case may be) next following, be reduced by the appropriate amount shown in the following table opposite the index number group within which the said index number falls:—

Index-number Groups.

Amount of decrease in Pay and Allowances.

All ranks except Aircraftman, Class II.

Aircraftman, Class II.

 

£

£

77.1-79.3.......................

3

2

74.8-77.0 .......................

9

5

72.5-74.7.......................

15

8

70.2-72.4.......................

21

11

67.9-70.1.......................

27

14

65.6-67.8.......................

33

17

63.3-65.5.......................

39

20

61.0-63.2.......................

45

23

(3.) If the index number falls below 61.0 the pay and allowances of members shall be further reduced on the basis indicated in the last preceding sub-regulation, that is to say, for each fall of 2.3 points in the index number, pay and allowances shall be reduced by £6 per annum in the case of a member other than an aircraftman, class II, or £3 per annum in the case of an aircraftman, class II.

(4.) Where the index number for the six months ending on the thirty-first day of March or the thirtieth day of September in any year exceeds 79.3, the pay and allowances of members shall, as from the commencement of the first fortnightly pay-period beginning in the month of July or the month of January (as the case may be) next following, be increased by the appropriate amount shown in the following table opposite the index number group within which the said index number falls:—

Index-number Groups.

Amount of increase in Pay and Allowances.

All ranks except Aircraftman, Class II.

Aircraftman, Class II.

 

£

£

79.4-81.6......................

3

1

81.7-83.9......................

9

4

84.0-86.2......................

15

7

86.3-88.5......................

21

10

88.6-90.8......................

27

13

90.9-93.1......................

33

16

93.2-95.4......................

39

19

95.5-97.7......................

45

22

(5.) If the index number rises above 97.7 the pay and allowances of members shall be further increased on the basis indicated in the last preceding sub-regulation, that is to say, for every rise of 2.3 points in the index number, pay and allowances shall be increased by £6 per annum in the case of a member other than an aircraftman, class II, or £3 per annum in the case of an aircraftman, class II.


(6.) The following amounts shall be added to the pay and allowances of each member after variation has been made in accordance with the foregoing provisions of this regulation:—

Per annum.

£

All ranks except aircraftman class II........................16

Aircraftman class II ....................................8

(7.) The amounts referred to in the last preceding sub-regulation shall be deemed for all purposes to be part of pay and allowances.

(8.) For the purpose of ascertaining the daily rates payable under regulations 547, 553, 557, 558, 559 and 566 of these Regulations after variation has been made in accordance with the foregoing provisions of this regulation, pay and allowances as increased or reduced in pursuance of the said provisions shall be divided by 365 and the quotient shall be deemed to be the daily rate. In this calculation fractions of less than one half of a penny shall be disregarded and one half of a penny and above shall be regarded as the next higher penny. The allocation of the daily rate of pay and allowances between active pay and allowances shall be as determined by the Air Board.

(9.) The first adjustment of pay and allowances under this regulation shall be made as from the commencement of the first fortnightly pay period beginning in January, 1938, and shall be based on the index number for the six months ended on the thirtieth day of September, 1937, which shall be deemed to be 70.6.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Air Force Regulations of 1938, enacted by the Governor-General in Council, amend the Air Force Regulations under the Air Force Act 1923. This legislative instrument addresses the need for an adjustment mechanism for the pay and allowances of Air Force personnel in response to changes in the cost of living. The policy objective is to ensure that the remuneration of Air Force members remains aligned with economic conditions, providing a safeguard against inflation while maintaining fairness and equity across different ranks. By linking pay and allowances to the weighted average retail price index number for the six State capital cities, as published by the Commonwealth Court of Conciliation and Arbitration, the regulations provide a structured and transparent method for periodic adjustments. This approach ensures that the compensation of Air Force members reflects the prevailing economic circumstances, thereby supporting the operational effectiveness and morale of the Air Force.

Scope and Application

The Air Force Regulations, made under the Air Force Act 1923, apply to the members of the Australian Air Force, which at the time included all ranks within the Commonwealth's air force. The regulations specifically address the adjustment of pay and allowances for these members based on changes in the cost of living as indicated by the weighted average retail price index number for the six State capital cities. These adjustments are to be applied according to the index numbers published by the Commonwealth Court of Conciliation and Arbitration. The regulation specifies detailed tables indicating the reductions or increases in pay and allowances corresponding to various index number groups, with adjustments made biannually depending on the index numbers for the six months ending on 31 March or 30 September each year. The application of these regulations is limited to the Commonwealth of Australia and does not extend beyond its jurisdictional boundaries. This legislative instrument does not explicitly mention any exclusions, exemptions, or thresholds, and it is subject to further specification or modification through subordinate instruments or subsequent amendments.

Key Provisions

The main operative sections of the Statutory Rules 1938 No. 13, made under the Air Force Act 1923, concern the adjustment of pay and allowances for Air Force members based on changes in the cost of living. Regulation 546a outlines the specific conditions under which pay and allowances will be adjusted. According to this regulation, the term "index number" refers to the weighted average retail price index number for six state capital cities, as published by the Commonwealth Court of Conciliation and Arbitration (section 546a(1)(a)). The term "pay and allowances" includes the total annual amount of pay and allowances payable to any member, as defined by regulations 547, 553, 557, 558, 559, and 566, with daily rates of pay or allowance multiplied by 365 to ascertain the total annual amount (section 546a(1)(b)). The obligations and requirements imposed by this Act necessitate adjustments to the pay and allowances of Air Force members based on the index number. If the index number falls below certain thresholds, pay and allowances will be reduced by specified amounts, with different rates for different ranks (section 546a(2) and (3)). Conversely, if the index number exceeds certain thresholds, pay and allowances will be increased by specified amounts (section 546a(4) and (5)). Furthermore, additional amounts will be added to the pay and allowances of each member after any adjustments, with these amounts deemed to be part of the pay and allowances (section 546a(6) and (7)). The daily rates of pay and allowances are to be calculated by dividing the adjusted pay and allowances by 365, with specific rounding rules applied (section 546a(8)). The first adjustment under this regulation is set to be made in January 1938 based on the index number for September 1937 (section 546a(9)). In terms of offences, penalties, or consequences for breach, the Statutory Rules 1938 No. 13 do not explicitly mention any civil or criminal penalties for non-compliance with the outlined provisions. However, the failure to comply with the regulations could potentially lead to disputes or claims related to the adjustment of pay and allowances, which would need to be resolved through the appropriate legal channels. The specific outcomes of such disputes would depend on the interpretation and application of the regulations by relevant authorities and the courts.

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