STATUTORY RULES.
1942. No. 440.
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REGULATION UNDER THE AIR FORCE ACT 1923-1941.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Air Force Act 1923-1941.
Dated this fourteenth day of October, 1942.
GOWRIE
Governor-General.
By His Excellency’s Command.
ARTHUR S. DRAKEFORD
Minister of State for Air.
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Amendments of the Air Force Regulations.†
Modifications, &c., of the Air Force Act.
1. The Second Schedule to the Air Force Regulations is amended by inserting in Table (i) Modifications, after item (h), the following items:—
“(ha) | 44 | Omit paragraph (5) of the proviso and insert in its stead the following paragraph:— ‘(5) A court martial may award field punishment for any offence committed on active service and may sentence the offender to that form of punishment for a term not exceeding three months.’; |
“(hb) | 44 | Omit paragraph (9) of the proviso and insert in its stead the following paragraph:— ‘(9) (a) Where an offender is sentenced to field punishment, he may, during the continuance of his sentence, unless the court martial or the commanding officer otherwise directs, be punished as follows:— (i) He may be confined in such place as an airman under detention is confined and shall, whilst so confined, be treated as an airman under detention; and (ii) he may be subjected to the like, labour, employment and restraint, and dealt with in like manner as if he were under sentence of imprisonment with hard labour. (b) Field punishment shall be carried out in the unit. (c) When the unit to which an offender under sentence of field punishment belongs, or is attached, is actually on the move, the offender shall march with his unit, carry his arms and accoutrements, perform all his air-force duties, and be treated as a defaulter.’;”. |
Commencement.
2. The amendment effected by regulation 1. of these Regulations shall be deemed to have come into operation as on and from the eighteenth day of July, 1940.
* Notified in the Commonwealth Gazette on 15th October, 1942.
† Statutory Rules 1927, No. 101, 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; 1940, Nos. 31, 53, 75, 114, 125, 140, 220, 241 and 279; 1941, Nos. 68, 106, 137, 181 and 228; and 1942, Nos. 29, 158, 232, 254, 346, 383 and 316.—Sixty-first amendment.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
6334.—Price 3d.
Overview
The Air Force Act 1923-1941 was enacted by the Commonwealth Parliament to provide for the governance and administration of the Royal Australian Air Force. This legislation was introduced to address the need for specific legal frameworks governing the conduct, discipline, and operational regulations of military personnel within the air force. The Air Force Regulations, as amended in 1942, sought to modify existing provisions to better align with the exigencies of active service, particularly during wartime. The amendments introduced through Statutory Rules 1942, No. 440, were made under the authority of the Governor-General, acting on the advice of the Federal Executive Council, and were designed to enhance the efficiency and discipline of the air force by clarifying the circumstances under which field punishment could be awarded and the conditions under which it could be administered. The overarching policy objective was to ensure that the air force could maintain operational readiness and discipline effectively, even under the pressures of active service.
Scope and Application
This Statutory Rule, made under the Air Force Act 1923-1941, amends the Air Force Regulations by modifying the provisions related to field punishment for offences committed on active service. The regulation applies to all members of the Air Force, including both commissioned and non-commissioned officers, as well as enlisted personnel. The geographic reach of this regulation is nationwide, given that the Air Force Act pertains to the Commonwealth of Australia. The amendments are intended to provide courts martial with greater flexibility in imposing field punishments, including the ability to award field punishment for any offence committed on active service and to sentence the offender to that form of punishment for a term not exceeding three months. The regulation also outlines specific conditions under which field punishment may be carried out, such as confinement in a designated place, treatment as an airman under detention, and participation in unit activities during the execution of the punishment. There are no stated exclusions, exemptions, or thresholds within this regulation. The regulation extends or restricts application through subordinate instruments, as it is one of many amendments to the Air Force Regulations.
Key Provisions
The Air Force Regulations, as amended by the Statutory Rules of 1942 No. 440, introduce significant modifications to the disciplinary procedures for members of the Air Force. Specifically, regulation 1 amends the Second Schedule of the Air Force Regulations by introducing new provisions under Table (i) Modifications. These changes pertain to the imposition and execution of field punishment for offences committed on active service. According to the new provisions in paragraph (5) of the proviso, a court martial now has the authority to award field punishment for such offences, with the duration of this punishment not exceeding three months (regulation 1(ha)). Furthermore, the new paragraph (9) of the proviso details the conditions under which field punishment may be administered. This includes the offender being confined in a designated place, being subjected to specific labour and employment restrictions, and being treated similarly to an airman under detention (regulation 1(hb)). Field punishment is to be carried out within the offender's unit, and if the unit is on the move, the offender must march with the unit, carrying their arms and accoutrements, and performing all air-force duties (regulation 1(hb)(c)).
The obligations imposed by these regulations on the parties involved, primarily the Air Force members and the commanding officers, include adherence to the new disciplinary measures. Air Force members must comply with the conditions of field punishment as stipulated, which may involve confinement, specific labour, and participation in unit activities while on active service. Commanding officers and court martials must ensure that the prescribed punishments are administered correctly and in accordance with the regulations. They must also provide clear directions and oversight to ensure the proper execution of field punishment.
Breach of the provisions outlined in these regulations could result in significant consequences. Although the specific penalties for non-compliance are not detailed in the regulation itself, the Air Force Act 1923-1941 and related statutes would provide the framework for addressing such breaches. Potential penalties could include administrative sanctions, further disciplinary actions, or legal consequences depending on the nature and severity of the breach. The maximum penalties for breaches of military law, as governed by the overarching Air Force Act and other related legislation, could include fines, imprisonment, or other disciplinary measures deemed appropriate by the relevant authorities.