Air Force Regulations (Amendment)

Administered by Department of Defence

Legislation au F1997B00509 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1940. No. 125.

 

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 third day of July, 1940.

GOWRIE

Governor-General.

By His Excellency’s Command,

J. V. FAIRBAIRN

Minister of State for Air.

 

Amendments of the Air Force Regulations.†

1. Regulation 54a of the Air Force Regulations is amended by inserting at the end thereof the following proviso:—

Appointment to commissioned warrant officer branch.

“Provided that in time of war such a commission may be granted to a warrant officer or non-commissioned officer who has not passed the examination for promotion to warrant officer.”.

Retiring age for officers of medical branch.

2. Regulation 88 of the Air Force Regulations is amended—

(a) by omitting from the fourth column of the table in sub-regulation (1.) the figures “55”, “51” and “48” and inserting in their stead the figures “57”, “55” and “50” respectively; and

(b) by omitting from the fourth column of that table the figures “45” (wherever occurring).

Effect of oath.

3. Regulation 95 of the Air Force Regulations is amended by omitting the word “subscribing” and inserting in its stead the word “taking”.

Rates of pay of airmen of the Permanent Air Force.

4. Regulation 553 of the Air Force Regulations is amended by inserting in sub-regulation (2.) after the words “carpenter (general),” the words “dental mechanic,”.

Rates of travelling allowances.

5. Regulation 578 of the Air Force Regulations is amended by omitting from the second and third columns of the table in sub-regulation (1.), the figures “27 0” and “22 6” appearing opposite “Member of Air Board”, and inserting in their stead in each of those columns the figures “30 0”.

 

* Notified in the Commonwealth Gazette on 4th July, 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; 1982, 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; 1986, 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-fourth amendment.

4100.—Price 3d.


Amendment of Schedule.

6. Form 2 in the Schedule to the Air Force Regulations is repealed and the following form is inserted in its stead:—

 Form 2.

Regulation 107. Air Force Regulations.

AGREEMENT TO BE ENTERED INTO BY AN AIRMAN ON RE-ENGAGEMENT.

* Insert number, name, rank and unit.

I,*      , enlisted on the     day of                                          , 194              , for a period of                                                                      years, hereby agree to re-engage tor service in the Royal Australian Air Force, under the conditions prescribed in the Air Force Regulations and in accordance with the terms of my oath of enlistment for the term of               years or until sooner lawfully discharged, dismissed or removed.

Signed this  day of

19  , in  

the presence of

(Signature of Airman.)

 

 

Commanding Officer.”.

 

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

Overview

The Statutory Rules 1940, No. 125, are Regulations made under the Air Force Act 1923–1939, introduced by the Governor-General in Council to address specific administrative and operational needs within the Royal Australian Air Force during wartime. These Regulations were enacted to provide the flexibility necessary for wartime operations, including modifications to the appointment criteria for commissioned officers, adjustments to the retiring age for medical officers, and changes to rates of pay and allowances for various ranks and positions within the Air Force. The objective of these amendments was to ensure that the Air Force could effectively manage its personnel and resources during a period of heightened operational demand.

Scope and Application

The Statutory Rules 1940, No. 125, issued under the Air Force Act 1923-1939, amends the Air Force Regulations to bring about several changes in the service conditions and operational parameters of the Royal Australian Air Force. The amendments primarily target the Air Force Regulations, affecting both personnel and financial aspects of service. These changes include modifications to the appointment of commissioned warrant officers, alterations to the retiring age for officers in the medical branch, and updates to the rates of pay for airmen in the Permanent Air Force, including the addition of dental mechanics to the list of eligible trades. Additionally, the amendments adjust the rates of travelling allowances for members of the Air Board and revise the oath taking procedure for enlisted personnel. The regulatory adjustments also extend to the format of the re-engagement agreement form for airmen, replacing the previous Form 2 with a new standardised agreement form. These amendments apply to all members of the Royal Australian Air Force, encompassing both commissioned and non-commissioned officers, as well as enlisted personnel, ensuring the regulations are uniformly updated across the service.

Key Provisions

The main operative sections of these regulations involve several amendments to the Air Force Regulations under the Air Force Act 1923–1939. Firstly, Regulation 54a is amended to allow for the appointment of warrant officers or non-commissioned officers to the commissioned warrant officer branch during times of war, without the necessity of having passed the examination for promotion (Reg. 1(a)). Secondly, Regulation 88 is amended to adjust the retiring ages for officers in the medical branch, increasing these ages to 57, 55, and 50 respectively (Reg. 2(a)). Additionally, the regulations remove the age of 45 as a retiring age for medical officers (Reg. 2(b)). Thirdly, Regulation 95 is amended to change the wording from "subscribing" to "taking" in the context of oaths (Reg. 3). Furthermore, Regulation 553 is amended to include dental mechanics in the list of trades for which rates of pay are set (Reg. 4). Lastly, Regulation 578 is amended to increase the rates of travelling allowances for Members of the Air Board (Reg. 5). These amendments impose various obligations on the parties involved, including the requirement for warrant officers and non-commissioned officers to be eligible for commissions under specific wartime conditions, as well as the obligation for the Air Force to adhere to the new retiring ages for medical officers. The regulations also mandate the use of the term "taking" instead of "subscribing" in oaths and require the inclusion of dental mechanics in the list of trades for which pay rates are set. Additionally, the new travelling allowance rates must be applied to Members of the Air Board. For breaches of these regulations, the consequences may include administrative actions, disciplinary measures, or legal proceedings as deemed appropriate by the relevant authorities. While the specific penalties are not detailed in the text, breaches of military regulations generally carry significant consequences, including potential discharge from service, fines, imprisonment, or other disciplinary actions as prescribed by the Air Force Act and associated legislation. The exact penalties would depend on the nature and severity of the breach, in accordance with the existing legal framework governing military personnel.

Legal classification tags

Area of Law
Administrative Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment

Interactions

Authorises

All Versions

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.