Air Force Regulations (Amendment)

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Statutory Rules

1978  No. 181

REGULATIONS UNDER THE AIR FORCE ACT 1923*

I, THE GOVERNOR-GENERAL of 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 twenty-eighth day of September 1978.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

J. McLEAY

Minister of State for Construction for and on behalf of the Minister of State for Defence

————

AMENDMENTS OF THE AIR FORCE REGULATIONS†

1. After Part Va of the Air Force Regulations the following Part is inserted:

Part Vb—Judge-Advocate-General and Deputy Judge-Advocates-General

Appointments

“ 152e. (1) Subject to sub-regulations (3) and (4), the Governor-General may, by instrument in writing, appoint a person to be—

(a) the Judge-Advocate-General; or

(b) a Deputy Judge-Advocate-General,

for the Air Force.

“ (2) Subject to sub-regulation (3), the Governor-General may, by instrument in writing, appoint a person to act as Judge-Advocate-General—

(a) during a vacancy in the office of Judge-Advocate-General, whether or not an appointment has previously been made to the office; or

 

* Notified in the Commonwealth of Australia Gazette on 5 October 1978.

† Statutory Rules 1927 No. 161 as amended to date. For previous amendments see footnote † to Statutory Rules 1978 No. 23 and see also Statutory Rules 1978 Nos. 23, 61, 71, 78, 89 and 162.


(b) during any period, or during all periods, when the Judge-Advocate-General is absent from duty or from Australia or is, for any reason, unable to perform the functions of his office,

but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.

“ (3) A person shall not be appointed under sub-regulation (1) or (2) unless—

(a) he is or has been a Judge of a court created by the Parliament or of a court of a State; or

(b) he is enrolled as a legal practitioner of the High Court or of the Supreme Court of a State or Territory.

“ (4) A person appointed under sub-regulation (1) to be a Deputy Judge-Advocate-General shall be an officer.

“ (5) A person appointed under sub-regulation (1) shall, subject to sub-regulations (6), (7) and (8), hold the appointment for a period, not exceeding 3 years, specified in the instrument of his appointment, but shall be eligible for re-appointment.

“ (6) In time of war or time of defence emergency, the Governor-General may, by instrument in writing, direct that a person holding an office referred to in sub-regulation (1) shall continue to hold that office until the end of that time of war or time of defence emergency, and that person shall continue, subject to sub-regulations (7) and (8), to hold that office in accordance with that direction.

“ (7) A person appointed under sub-regulation (1) or (2) may, by writing under his hand delivered to the Governor-General, resign his office, and the resignation shall take effect on the day on which it is received by the Governor-General or on such later day as is specified in the writing.

“ (8) A person appointed to be a Deputy Judge-Advocate-General shall cease to hold office immediately upon ceasing to be an officer.

Functions and powers

“ 152f. (1) The functions of the Judge-Advocate-General are to advise the Chief of the Air Staff on—

(a) matters relating to the proceedings before courts-martial;

(b) matters relating to petitions against findings, convictions or sentences by courts-martial;

(c) questions of air force law; and

(d) matters of law affecting or likely to affect the Air Force.

“ (2) The function of a Deputy Judge-Advocate-General shall be to assist the Judge-Advocate-General in the performance of his functions.


“ (3) The Judge-Advocate-General or a Deputy Judge-Advocate-General has power to do all things necessary for the performance of his functions.

“ (4) While a person is acting as Judge-Advocate-General, he has, and may exercise, all the powers, and shall perform all the functions, of the Judge-Advocate-General.

“ (5) Where—

(a) there is a vacancy in the office of Judge-Advocate-General or the Judge-Advocate-General is absent from duty or from Australia or is, for any reason, unable to perform the functions of his office; and

(b) no person has been appointed under sub-regulation 152e (2) to act as Judge-Advocate-General or the person who has been so appointed is absent from duty or from Australia or is, for any reason, unable to perform the functions of his office,

a Deputy Judge-Advocate-General may perform any of the functions of the Judge-Advocate-General.

“ (6) In this regulation, ‘ air force law ’ has the same meaning as in the Courts-Martial Appeals Act 1955.

Delegation

“ 152g. (1) The Judge-Advocate-General or a Deputy Judge-Advocate-General may, either generally or as otherwise provided in the instrument of delegation, by writing signed by him, delegate to an officer of the Permanent Air Force or of the Citizen Air Force who holds a rank not below that of Wing Commander and who is enrolled as a legal practitioner of the High Court or of the Supreme Court of a State or Territory any of his powers under these Regulations, other than this power of delegation.

“ (2) A power so delegated, when exercised by the delegate, shall, for the purposes of these Regulations, be deemed to have been exercised by the person delegating the power.

“ (3) A delegation under sub-regulation (1) does not prevent the exercise of a power delegated by the person delegating the power.”.

Exercise of powers of Judge-Advocate-General by legal staff officer

2. Regulation 273 of the Air Force Regulations is amended—

(a) by omitting “ Judge-Advocate-General has been appointed,” and substituting “ Judge-Advocate-General or Deputy Judge-Advocate-General has been appointed and no person has been appointed to act as Judge-Advocate-General,”; and


(b) by omitting “, or the Air Force Act, the Rules of Procedure or the King’s Regulations and Air Council Instructions for the Royal Air Force in their application in relation to the Air Force and the members thereof,”.

Overview

Statutory Rules 1978 No. 181, made under the Air Force Act 1923, was introduced to formalise the appointment and functions of the Judge-Advocate-General and Deputy Judge-Advocate-General within the Air Force. Enacted by the Governor-General, acting on the advice of the Federal Executive Council, these regulations aimed to address the need for a structured legal framework within the Air Force, ensuring that legal advice and court-martial proceedings are managed effectively and efficiently. The policy objective is to ensure that the Air Force maintains a robust legal structure capable of handling military justice and related legal matters, thus upholding the standards of military law and discipline. These regulations, established by the Commonwealth of Australia, provide the legislative foundation for the appointment of the Judge-Advocate-General and Deputy Judge-Advocate-General, outlining their roles, powers, and the conditions under which they can act. By delineating the criteria for appointment and the functions of these roles, the regulations ensure that qualified legal practitioners are responsible for the Air Force's legal affairs, thereby maintaining the integrity and legality of military operations and proceedings.

Scope and Application

The Air Force Regulations, as amended, establish the framework for the appointment and functions of the Judge-Advocate-General and Deputy Judge-Advocate-General within the Australian Air Force. These regulations apply to individuals who may be appointed to these roles, ensuring that they meet specific qualifications, such as being a judge or a legal practitioner. The scope of these regulations extends to the appointment process, terms of office, and the circumstances under which appointments may be extended or altered, including during times of war or defence emergency. These regulations also define the functions and powers of the Judge-Advocate-General, which include advising on legal matters affecting the Air Force and performing necessary tasks to uphold air force law. Furthermore, the regulations address delegation of powers, allowing the Judge-Advocate-General or Deputy Judge-Advocate-General to delegate certain powers to qualified officers. The application of these regulations is national in scope, applying throughout Australia, and they are subject to modifications through subordinate instruments as necessary to adapt to changing circumstances.

Key Provisions

The Regulations under the Air Force Act 1923, particularly Part Vb, establish the framework for the appointment and functions of the Judge-Advocate-General and Deputy Judge-Advocate-General within the Air Force. Specifically, section 152e outlines the criteria and process for the appointment of the Judge-Advocate-General and Deputy Judge-Advocate-General by the Governor-General, requiring that appointees must either be a Judge or an enrolled legal practitioner. The role of the Judge-Advocate-General is defined in section 152f, which states that their primary function is to advise on matters relating to courts-martial, petitions, air force law, and other legal matters affecting the Air Force. The Deputy Judge-Advocate-General assists the Judge-Advocate-General in these functions. These provisions underscore the importance of legal expertise in the Air Force's operations. The Regulations impose several obligations on the parties involved. The Governor-General must ensure that appointees meet the specified qualifications (regulation 152e). The Judge-Advocate-General and Deputy Judge-Advocate-General are required to perform their duties diligently and can delegate certain powers to qualified officers (regulations 152f and 152g). Additionally, these officers must adhere to the terms of their appointment, which may include specific durations and conditions (regulation 152e). The Regulations also allow for the continuation of these roles during times of war or defence emergencies (regulation 152e(6)). Breach of the Regulations can lead to various consequences, although the specific penalties are not detailed in the excerpt provided. Typically, non-compliance with military regulations can result in disciplinary actions, which may include administrative penalties, demotion, or even discharge from service. In more severe cases, where breaches are linked to criminal activity, legal prosecution under the Air Force Act or other relevant legislation might follow, leading to criminal penalties such as fines or imprisonment. The specific penalties would depend on the nature and severity of the breach, as well as the relevant provisions of the Air Force Act 1923 and other applicable laws.

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Military Law
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Definitions & Interpretation
Appointments & Qualifications
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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.