Air Force Regulations (Amendment)

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STATUTORY RULES

1971 No. 121

REGULATIONS UNDER THE AIR FORCE ACT 1923-1965.*

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 1923-1965.

Dated this sixth day of September, 1971.

Paul Hasluck

Governor-General.

By His Excellency's Command,

(Sgd.) TOM DRAKE-BROCKMAN

Minister of State for Air.

Amendments of the Air Force Regulations

Active pay of officers.

1.—(1.) Regulation 543 of the Air Force Regulations is amended by omitting the table in sub-regulation (3.) and inserting in its stead the following table:—

Course of study and stage reached

Rate per day

 

$

Science, Engineering, Dental or Education Students—

 

During second-year study of any course other than a five-year course ..

5.43

During third-year study of a five-year course .. .. .. ..

5.43

During third-year study of a four-year course .. .. .. ..

5.78

During fourth-year study of a five-year course .. .. .. ..

5.78

During final year of study of any course .. .. .. ..

6.12

Medical Students .. .. .. .. .. .. ..

6.12

(2.) Regulation 543 of the Air Force Regulations is amended by omitting the table in sub-regulation (7.) and inserting in its stead the following table:—

Rank and service

Rate per day

 

$

Squadron Leader—

 

On appointment ................................................

26.34

After 1 year's service in rank ........................................

27.49

After 2 years' service in rank ........................................

28.93

After 3 years' service in rank ........................................

30.07

Flight Lieutenant—

 

On appointment ................................................

19.50

After 1 year's service in rank ........................................

20.64

After 2 years' service in rank ........................................

21.78

After 3 years' service in rank ........................................

22.92

After 4 years' service in rank ........................................

24.06

After 5 years' service in rank ........................................

25.20

* Notified in the Commonwealth Gazette on  1971.

† Statutory Rules 1927, No. 161, as amended to date. For previous amendments of the Air Force Regulations, see footnote † to Statutory Rules 1971, No. 50; and see also Statutory Rules 1971, Nos. 29, 50 and 78.

17189/71—Price 10c 9/6.8.1971


(3.) Regulation 543 of the Air Force Regulations is amended by omitting the table in sub-regulation (10.) and inserting in its stead the following table:—

Rank and service

Rate per day

 

$

Squadron Officer—

 

On appointment ................................................

25.17

After 1 year's service in rank ........................................

26.31

After 2 years' service in rank ........................................

27.76

After 3 years' service in rank ........................................

28.90

Flight Officer—

 

On appointment ................................................

18.49

After 1 year's service in rank ........................................

19.57

After 2 years' service in rank ........................................

20.66

After 3 years' service in rank ........................................

21.75

After 4 years' service in rank ........................................

22.89

After 5 years' service in rank ........................................

24.03

Consolidated rates of pay.

2.—(1.) Regulation 544 of the Air Force Regulations is amended by omitting the table in sub-regulation (3.) and inserting in its stead the following table:—

Rank

Consolidated rate per year

 

$

Air Commodore ..................................................

15,108

Group Captain ...................................................

14,901

Wing Commander ................................................

13,779

(2.) Regulation 544 of the Air Force Regulations is amended by adding at the end thereof the following sub-regulation:—

" (4.) The rate at which active pay is payable to an officer of the Women's Royal Australian Air Force who is a qualified medical or dental practitioner and holds a rank specified in the following table is the consolidated rate specified, in relation to her rank, in that table:—

Rank

Consolidated rate per year

 

$

Group Officer ...................................................

14,473

Wing Officer ....................................................

13,351

Pay of air cadets.

3.—(1.) Regulation 548 of the Air Force Regulations is amended by omitting the table in sub-regulation (1.) and inserting in its stead the following table:—

Stage of training

Rate per day

 

$

During first-year training ............................................

5.09

During second-year training ..........................................

5.43

During third-year training ...........................................

5.78

During fourth-year training ..........................................

6.12

(2.) Regulation 548 of the Air Force Regulations is amended by omitting sub-regulation (1a.) and inserting in its stead the following sub-regulation:—

" (1a.) Subject to the succeeding sub-regulations of this regulation, the daily rate of active pay of an air cadet of the Permanent Air Force, not being an air cadet to whom the last preceding sub-regulation applies, is the rate specified in the following table in relation to the length of his course of training and the stage of his training.

Length of course and stage of training

Rate per day

 

$

Four-Year Course—

 

During first-year training ..........................................

4.14

During second-year training ........................................

5.09

During third-year training ..........................................

5.43

During fourth-year training .........................................

5.78

Three-Year Course

 

During first-year training ..........................................

5.09

During second-year training ........................................

5.43

During third-year training ..........................................

5.78

4. The rates of pay provided for in the Air Force Regulations as amended by these Regulations apply to and in relation to service in the Air Force on and after the first day of January, 1971.

Transitional.

5.—(1.) Each of the following periods is a period to which the next succeeding sub-regulation applies:—

(a) the period from and including the twenty-fourth day of September, 1970, to and including the sixteenth day of December, 1970; and

(b) the period from and including the seventeenth day of December, 1970, to and including the thirty-first day of December, 1970.

(2.) Where an officer of the Air Force was in receipt of active pay in respect of service in that Force at any time during a period to which this sub-regulation applies in accordance with sub-regulation (3.) of regulation 543 of the Air Force Regulations and the sum of the active pay that would have been payable to him in respect of that service if he had been entitled to be paid active pay at the rate per day specified in relation to his course of study and stage reached in the course—

(a) in the case of the period referred to in paragraph (a) of the last preceding sub-regulation—in the second column of the First Schedule to these Regulations; or

(b) in the case of the period referred to in paragraph (b) of the last preceding sub-regulation—in the third column of that Schedule,

exceeds the sum of the active pay paid or payable to him, but for this sub-regulation, in respect of that service, the officer is entitled to be paid an amount equal to the excess as additional active pay in respect of that service.

(3.) Where an officer of the Air Force was, by virtue of regulation 8 of Statutory Rules 1970, No. 156, in receipt of active pay in respect of service in that Force during the period from and including the eighth day of October, 1970, to and including the thirty-first day of December, 1970, in accordance with sub-regulation (7.) of regulation 543 of the Air Force Regulations as amended by those Statutory Rules and the sum of the active pay that would have been payable to him in respect of that service if he had been entitled to be paid active pay at the rate per day specified, in relation to his rank and service, in the Second Schedule to these Regulations exceeds the sum of the active pay paid or payable to him, but for this sub-regulation, in respect of that service, the officer is entitled to be paid an amount equal to the excess as additional active pay in respect of that service.

(4.) Where a male member of the medical branch held, during the period referred to in the last preceding sub-regulation or during any part of that period, the rank of group captain or wing commander and the member was a qualified medical practitioner or denial practitioner, the member is entitled to be paid in respect of his service during that period while holding such a rank, as additional active pay, an amount equal to the amount by which the sum of the active pay and allowances paid or payable to him in respect of that service is less than the sum of the active pay and allowances that would have been payable to him in respect of that service if the Air Force Regulations as amended by Statutory Rules 1970, No. 156, had been in force throughout that period and he would have been entitled to be paid active pay at the consolidated rate specified in relation to his rank in the following table instead of at the rate provided for in sub-regulation (3.) of regulation 544 of the Air Force Regulations as so amended:—

Rank

Consolidated rate per year

 

$

Group Captain ....................................................

14,058

Wing Commander .................................................

12,999

(5.) Where an air cadet of the Permanent Air Force was by virtue of Statutory Rules 1971, No. 29, in receipt of active pay in respect of service in that Force at any time during the period referred to in paragraph (b) of sub-regulation (1.) of this regulation in accordance with sub-regulation (1.) of regulation 548 of the Air Force Regulations as amended by those Statutory Rules the cadet is entitled to be paid in respect of that service, as additional active pay, an amount equal to the amount by which the sum of the active pay paid or payable to him, but for this sub-regulation, in respect of that service is less than the sum of the active pay that would have been payable to him in respect of that service if he had been entitled to be paid active pay at the rate per day specified, in relation to the stage of his training, in the Third Schedule to these Regulations.

(6.) Where an air cadet of the Permanent Air Force was by virtue of Statutory Rules 1971, No. 29, in receipt of active pay in respect of service in that Force at any time during a period to which sub-regulation (2.) of this regulation applies in accordance with sub-regulation (1a.) of regulation 548 of the Air Force Regulations as amended by those Statutory Rules and the sum of the active pay that would have been payable to him in respect of that service if he had been entitled to be paid active pay at the rate per day specified, in relation to the length of his course of training and the stage of his training—

(a) in the case of the period referred to in paragraph (a) of sub-regulation (1.) of this regulation —in the second column of the Fourth Schedule to these Regulations; or

(b) in the case of the period referred to in paragraph (b) of sub-regulation (1.) of this regulation—in the third column of that Schedule,

exceeds the sum of the active pay paid or payable to him, but for this sub-regulation, in respect of that service, the cadet is entitled to be paid an amount equal to the excess as additional active pay in respect of that service.


THE SCHEDULES

FIRST SCHEDULE Regulation 5 (2.).

Rates of Active Pay for Officers Enrolled as Students in a Course of Study in Respect of Certain Periods

First Column

Second Column

Third Column

Course of study and stage reached

From 24 September 1970 to 16 December 1970

From 17 December 1970 to 31 December 1970

 

Rate per day

Rate per day

 

$

$

Science, Engineering, Dental or Education Students—

 

 

During second-year study of any course other than a five-year course .............

4.63

5.12

During third-year study of a five-year course ........

4.63

5.12

During third-year study of a four-year course ........

5.00

5.42

During fourth-year study of a five-year course .......

5.00

5.42

During final year study of any course .............

5.49

5.72

Medical students ............................

5.49

5.72

SECOND SCHEDULE Regulation 5 (3.).

Rates of Active Pay for Male Medical and Dental Officers in Respect of the Period from 8th October, 1970, to 31st December, 1970, Inclusive

Rank and service

Rate per day

Squadron Leader—

$

On appointment ................................................

24.91

After 1 year's service in rank ........................................

25.99

After 2 years' service in rank ........................................

27.36

After 3 years' service in rank ........................................

28.43

Flight Lieutenant—

 

On appointment ................................................

18.46

After 1 year's service in rank ........................................

19.53

After 2 years' service in rank ........................................

20.61

After 3 years' service in rank ........................................

21.68

After 4 years' service in rank ........................................

22.76

After 5 years' service in rank ........................................

23.84

THIRD SCHEDULE Regulation 5 (5.).

Rates of Active Pay for Air Cadets Undergoing Training at the Air Force Academy for the Period from 17th December, 1970, to 31st December, 1970, Inclusive

Stage of training

Rate per day

 

$

During first-year training .............................................

4.81

During second-year training ...........................................

5.12

During third-year training ............................................

5.42

During fourth-year training ...........................................

5.72

 


FOURTH SCHEDULE Regulation 5 (6.).

Rates of Active Pay for Air Cadets other Than Air Cadets Undergoing Training at the Air Force Academy in Respect of Certain Periods

First Column

Second Column

Third Column

Stage of training

From 24 September 1970 to 16 December 1970

From 17 December 1970 to 31 December 1970

 

Rate per day

Rate per day

 

$

$

Four-year course—

 

 

During first-year training .....................

3.55

3.92

During second-year training ...................

4.27

4.81

During third-year training .....................

4.63

5.12

During fourth-year training ....................

5.00

5.42

Three-year course—

 

 

During first-year training .....................

4.27

4.81

During second-year training ...................

4.63

5.12

During third-year training .....................

5.00

5.42

Printed by Authority by the Government Printer of the Commonwealth of Australia

Overview

The Statutory Rules 1971 No. 121, made under the Air Force Act 1923-1965, were introduced by the Governor-General, acting on the advice of the Federal Executive Council, to amend the Air Force Regulations concerning the active pay of officers. The problem these regulations sought to address was the need to update the rates of pay for officers in various courses of study and stages of their careers, as well as for air cadets, to reflect current circumstances and ensure fair compensation. The objective of these amendments was to provide more accurate and reflective pay rates for different ranks and stages of service, thereby improving the conditions for personnel in the Air Force. These amendments applied to service in the Air Force on and after the first day of January, 1971, and included transitional provisions for officers who were in receipt of active pay during specific transitional periods.

Scope and Application

The statutory rules established under the Air Force Act 1923-1965 primarily govern the pay and allowances of officers and cadets within the Australian Air Force. These rules apply to officers and cadets of the Royal Australian Air Force, including those who are enrolled as students in various courses, such as science, engineering, dental, or education, as well as medical students. Additionally, the regulations cover male officers in the medical and dental branches and cadets undergoing training in the Permanent Air Force. The amendments to the Air Force Regulations outlined in these rules pertain to the rates of active pay for officers based on their rank and length of service, as well as the rates for air cadets based on the stage of their training. These regulations are applicable throughout the Commonwealth of Australia, and they extend to cover service rendered on and after January 1, 1971. The rules also provide transitional arrangements for officers and cadets who were receiving active pay under previous regulations, ensuring they receive the correct rates retroactively for specific periods between September 1970 and December 1970.

Key Provisions

The Regulations under the Air Force Act 1923-1965 (the "Regulations") amend the Air Force Regulations by adjusting the rates of active pay for officers, medical and dental practitioners, and air cadets. Specifically, the Regulations update the rates of active pay for students in science, engineering, dental, or education courses, as well as for medical students (Regulation 1). Additionally, they revise the rates of active pay for officers based on their rank and length of service in that rank (Regulation 2). The Regulations also establish consolidated rates of pay for certain ranks (Regulation 2(2)). For air cadets, the Regulations set out the rates of active pay based on the stage of their training (Regulation 3). Transitional provisions ensure that officers, medical and dental practitioners, and air cadets who were in receipt of active pay during specified periods are entitled to additional active pay if the new rates exceed their previous pay (Regulation 5). The Regulations impose obligations on the Air Force to ensure that officers, medical and dental practitioners, and air cadets are paid active pay at the rates specified in the Regulations. This includes calculating any additional active pay due under the transitional provisions for those who were in receipt of active pay during the specified periods. The Regulations also require that the Air Force maintain accurate records of the length of service in rank and the stage of training for all officers, medical and dental practitioners, and air cadets to ensure that the correct rates of pay are applied. Breach of the Regulations, or failure to comply with the obligations they impose, could result in civil or administrative consequences. Officers, medical and dental practitioners, and air cadets who do not receive the correct rates of active pay may have grounds to seek redress through administrative review or by seeking a declaration or injunction from a court. The Regulations do not explicitly state criminal or civil penalties for non-compliance, but breaches could potentially lead to legal actions for compensation or other remedies if individuals are adversely affected by incorrect payments. The precise consequences would depend on the specific circumstances of the breach and the applicable laws governing employment and administrative actions.

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