Air Force Regulations (Amendment)

Administered by Department of Defence

Legislation au F1997B00536 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1944. No. 146.

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REGULATIONS UNDER THE AIR FORCE ACT 1923-1941.*

I, THE Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Air Force Act 1923-1941.

Dated this fourth day of October, 1944.

W. DUGAN

Administrator.

By His Excellency’s Command,

Minister of State for Air.

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Amendment of the Air Force Regulations.

Pay and allowances subject to adjustment according to cost of living.

1. Regulation 546a of the Air Force Regulations is amended—

(a) by omitting from sub-regulation (2.) the words “July or the month of January” and inserting in their stead the words “May or the month of November”; and

(b) by omitting from sub-regulation (4.) the words “July or the month of January” and inserting in their stead the words “May or the month of November”.

2. Regulation 1 of these Regulations shall be deemed to have come into operation on the fifteenth day of April 1942.

*Notified in the Commonwealth Gazette on   , 1944.

† 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; 1940, Nos. 31, 53, 75, 114, 125, 140, 220, 241, and 279; 1941, Nos. 68, 106, 137, 181 and 228; 1942, Nos. 20, 158, 232, 254, 346, 383, 416, 440, 441, 476 and 543; 1943, Nos. 119 and 198; and 1944, Nos. 34, 50, 61, 75                                                         amendment.

_______________

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

5504.—Price 3d. 9/31.8.1911.

Overview

The Statutory Rules 1944 No. 146, titled Regulations under the Air Force Act 1923-1941, were enacted to amend existing regulations concerning the payment and allowances for members of the Australian Air Force. These amendments were introduced to adjust the payment schedules to better reflect the cost of living changes, ensuring that members' remuneration remained equitable in the face of economic fluctuations. The regulations were made by the Administrator of the Government of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, with the intention of updating the payment schedules to align with the changing economic conditions at the time.

Scope and Application

The Air Force Regulations, enacted under the Air Force Act 1923-1941, apply to personnel within the Australian Air Force, including officers, airmen, and other members of the defence force, as well as to the conduct and transactions related to their service. These regulations have a national reach, impacting the entire Commonwealth of Australia. They govern various aspects of service, including pay and allowances, which are subject to adjustments based on the cost of living. Specifically, the regulation modifies the timing of pay and allowances adjustments from July and January to May and November. The application of these regulations is further extended or restricted through subordinate instruments, ensuring that the Air Force operates efficiently and fairly. The regulations do not specify any exclusions or exemptions but are inherently applicable to all relevant personnel within the defined scope.

Key Provisions

The key operative sections of this statutory instrument (Statutory Rules 1944, No. 146) pertain to amendments of the Air Force Regulations, specifically Regulation 546a. Regulation 1 amends sub-regulation (2) and sub-regulation (4) of Regulation 546a. It changes the months in which pay and allowances are subject to adjustment according to the cost of living from July or January to May or November. These changes aim to ensure that the timing of adjustments aligns with broader economic conditions. Regulation 2 stipulates that the new provisions, as outlined in Regulation 1, shall be deemed to have come into operation on the fifteenth day of April 1942, even though the regulations themselves were made on 4 October 1944. This retrospective application ensures that the amendments apply from the specified date. These regulations impose obligations on the parties governed by them, primarily the members of the Air Force. They must adhere to the new timing for pay and allowance adjustments as stipulated by the amended Regulation 546a. The Air Force, as a governing body, is responsible for ensuring that these changes are implemented correctly and that all affected personnel are informed and compensated in accordance with the new schedule. The regulations also mandate that all relevant records and documentation be updated to reflect these changes, ensuring transparency and consistency in the administration of pay and allowances. The statutory instrument does not explicitly state any offences, penalties, or consequences for breach. However, failure to comply with these regulations could potentially lead to legal consequences, as breaches of military regulations can result in disciplinary action, including fines, demotion, or other punitive measures as prescribed by military law. The severity of these penalties would depend on the nature and extent of the breach, as well as the specific policies and procedures in place within the Air Force at the time. The precise penalties would be determined by the relevant authorities in accordance with existing military laws and regulations.

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Area of Law
Defence & Military Law
Instrument
Regulation
Concepts
Commencement Provisions
Repeal & Amendment
Pay and Allowances

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