Air Force Regulations (Amendment)

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STATUTORY RULES.

1940. No. 114.

 

REGULATIONS UNDER THE AIR FORCE ACT 1923-1939.*

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 1923-1939.

Dated this twentieth day of June, 1940.

GOWRIE

Governor-General.

By His Excellency’s Command,

J. V. FAIRBAIRN

Minister of State for Air.

______

Amendments of the Air Force Regulations.†

1. After regulation 22 of the Air Force Regulations, the following regulation is inserted:—

Affirmation in lieu of oath.

“22a.—(1.) A person who conscientiously objects to take an oath prescribed by these Regulations may make an affirmation instead of taking an oath.

(2.) An affirmation so made shall be of the same force and effect, and shall entail the same liabilities, as an oath.”.

2. After regulation 56 of the Air Force Regulations, the following regulation is inserted:—

Appointment of aliens to Commissions in Citizen Air Force.

“56aa. In time of war, any person who is for the time being an alien may, subject to the approval of the Air Board, be appointed to commissioned rank in the Citizen Air Force:

Provided that any such person who is not, in the opinion of the Air Board, substantially of European descent, shall not be so appointed.”.

Period of enlistment.

3. Regulation 92 of the Air Force Regulations is amended by omitting the word “Persons” and inserting in its stead the following words “Except as provided in the next succeeding regulation, persons”.

 

* Notified in the Commonwealth Gazette on 21st June, 1940.

† 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; 1938, Nos. 12, 13, 22, 48, 77, 97 and 120; 1939, Nos. 21, 64 and 142; and 1940, Nos. 31, 53 and 75.—Forty-third amendment.

3912.—Price 3d.


4. After regulation 92 of the Air Force Regulations the following regulation is inserted:—

Enlistment of aliens in Citizen Air Force.

“92a.—(1.) In time of war, any person who is for the time being an alien may, subject to the approval of the Air Board, be enlisted in the Citizen Air Force:

Provided that any such person who is not, in the opinion of the Air Board, substantially of European descent, shall not be so enlisted.

(2.) A person enlisting under this regulation may be required to engage to serve for the period of the duration of the war and twelve months thereafter.”.

Oath of enlistment.

5. Regulation 94 of the Air Force Regulations is repealed and the following regulation is inserted in its stead:—

“94. A person enlisting in the Air Force shall take before an officer or a Justice of the Peace an oath in accordance with Form 1, unless he is a person enlisting under the provisions of regulation 92a of these Regulations, in which case he shall take an oath in accordance with Form 1a.”.

Eligibility for service in Reserve.

6. Regulation 455 of the Air Force Regulations is amended by omitting from sub-regulation (3.) the words “by descent”.

Enrolment and re-enrolment in Reserve.

7. Regulation 464 of the Air Force Regulations is amended by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:—

“(3.) A person, upon enrolment in the Reserve, shall take before an officer or a Justice of the the Peace an oath in accordance with Form 3, unless he is a person who is for the time being an alien, in which case he shall take an oath in accordance with Form 3a.”.

The Schedule.

8. The Schedule to the Air Force Regulations is amended—

(a) by inserting after Form 1 the following form:—

“Form 1a.

Air Force Regulations.

SPECIAL OATH OR AFFIRMATION FOR ALIENS ON ENLISTMENT IN THE AIR FORCE.

Regulation 94. Oath:

I swear that I will well and truly serve His Majesty, King George VI., His Heirs and Successors, in the Air Force of the Commonwealth of Australia for the duration of the present state of war and twelve months thereafter, or until sooner lawfully discharged, dismissed or removed, and that I will resist His Majesty’s enemies, and cause His Majesty’s peace to be kept and maintained and that I will in all matters appertaining to my service faithfully discharge my duty according to law. So help me God!

Affirmation:

I solemnly and sincerely affirm and declare that I will well and truly serve His Majesty, King George VI., His Heirs and Successors, in the Air Force of the Commonwealth of Australia for the duration of the present state of war and twelve months thereafter or until sooner lawfully discharged, dismissed or removed, and that I will resist His Majesty’s enemies, and cause His Majesty’s peace to be kept and maintained and that I will in all matters appertaining to my service faithfully discharge my duty according to law.”; and


(b) by inserting after Form 3 the following form:—

“Form 3a.

Air Force Regulations.

SPECIAL OATH OR AFFIRMATION FOR ALIENS ON ENROLMENT IN AIR FORCE RESERVE.

Regulation 464 (3.).

OATH:

I swear that I will well and truly serve His Majesty, King George VI., His Heirs and Successors, as a member of the Air Force Reserve of the Commonwealth of Australia, and that I will resist His Majesty’s enemies and cause His Majesty’s peace to be kept and maintained, and that I will in all matters appertaining to my service faithfully discharge my duty according to law. So help me God!

Affirmation:

I solemnly and sincerely affirm and declare that I will well and truly serve His Majesty, King George VI., His Heirs and Successors, as a member of the Air Force Reserve of the Commonwealth of Australia, and that I will resist His Majesty’s enemies and cause His Majesty’s peace to be kept and maintained, and that I will in all matters appertaining to my service faithfully discharge my duty according to law.”.

 

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

Overview

The Statutory Rules 1940, No. 114, are Regulations made under the Air Force Act 1923-1939 by the Governor-General-in-Council, dated 20th June 1940. These Regulations aim to address the evolving needs of the Australian Air Force during a period of heightened global conflict. The enacting body is the Federal Executive Council, acting on the advice of the Minister of State for Air. The policy objective is to provide flexibility and inclusivity in the enlistment and appointment processes within the Air Force, particularly during wartime, to ensure that the military can respond effectively to national security needs. This includes allowing aliens to take part in the Air Force, subject to certain conditions, and providing options for those who object to taking an oath on religious or conscientious grounds.

Scope and Application

The Air Force Regulations, made under the Air Force Act 1923-1939, apply to all individuals and entities involved in the operations of the Royal Australian Air Force (RAAF), particularly focusing on enlistment, affirmations, and oaths in times of war. These regulations govern the enlistment of both Australian citizens and aliens into the Citizen Air Force and the Air Force Reserve, with specific provisions for those who are conscientious objectors or are of non-European descent. The regulations also address the period of enlistment and the taking of oaths or affirmations, providing tailored forms for aliens. The application of these regulations extends throughout the Commonwealth of Australia and is enforced by the Air Board. Notably, the regulations include exceptions and provisions for affirmations in lieu of oaths for those who conscientiously object, and they delineate specific eligibility criteria for aliens seeking to enlist during wartime. The regulations are subject to amendment through subordinate instruments, allowing for adjustments in response to changing circumstances, such as the outbreak of war.

Key Provisions

The key provisions of the Statutory Rules No. 114 of 1940 under the Air Force Act 1923-1939 introduce several significant amendments. Regulation 22a allows individuals who conscientiously object to taking an oath to instead make an affirmation, which is deemed to have the same legal force and effect as an oath (Section 22a). Regulation 56aa permits the appointment of aliens to commissioned ranks in the Citizen Air Force during times of war, provided they are deemed substantially of European descent by the Air Board (Section 56aa). Regulation 92a similarly allows for the enlistment of aliens in the Citizen Air Force, subject to the same conditions regarding descent and approval by the Air Board (Section 92a). These regulations are designed to accommodate individuals with specific religious or cultural objections to taking an oath and to expand enlistment opportunities during wartime. The obligations imposed by these regulations require that any person enlisting or being appointed to a commissioned rank in the Citizen Air Force must undergo a formal process. This involves either taking an oath or making an affirmation before an officer or a Justice of the Peace, with specific forms prescribed for such purposes (Regulations 94 and 464). Aliens must be approved by the Air Board before being appointed or enlisted, and if they are enlisted, they may be required to commit to serving for the duration of the war plus an additional twelve months (Regulations 56aa and 92a). Failure to comply with these regulations can result in legal consequences. Although the specific penalties are not detailed in the text, the general framework suggests that non-compliance could be treated as a breach of service obligations or related to the taking of false oaths or affirmations. Historically, such breaches could lead to disciplinary actions within the military or civil penalties, including fines or imprisonment, depending on the severity of the breach. The precise penalties would be determined by the applicable military law or criminal law at the time of the offence.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.