Statutory Rules 1952, No. 49.(c)
Power to appoint and promote officers.
Regulation 45 of the Air Force Regulations is amended by omitting sub-regulation (1a.) and inserting in its stead the following sub-regulation:—
“(1a.) A person whose service has been terminated by death or otherwise may be appointed or promoted in pursuance of this regulation so that the appointment or promotion takes effect from such date, earlier than the date of the termination of his service, as is specified in the instrument of appointment of promotion, as the case may be.”.
(c) Made under the Air Force Act 1923-1950 on 15th May, 1952, notified in the Gazette on 22nd May, 1952.
Overview
The Statutory Rules 1952, No. 49, made under the Air Force Act 1923-1950, was enacted to address the gap in the Air Force Regulations concerning the appointment or promotion of officers whose service had been terminated by death or otherwise. This legislative instrument was introduced to provide clarity and flexibility in the appointment and promotion process, ensuring that such officers could be recognised for their service and contributions even after their service had ended. The regulation was designed to allow appointments or promotions to take effect from a specified date earlier than the date of termination, thereby formalising the recognition of their service in a manner that aligns with their contributions and circumstances. This legislative amendment was made on 15 May 1952 and notified in the Gazette on 22 May 1952, ensuring that the necessary changes were communicated effectively and implemented promptly within the Air Force structure.
Scope and Application
The Air Force Regulations, as amended by Statutory Rules 1952, No. 49, introduce modifications to the appointment and promotion of officers within the Australian Defence Force, specifically under the Air Force Act 1923-1950. This legislation applies to all individuals whose service in the Air Force has been terminated, allowing for their potential reappointment or promotion, with the effective date of such appointments or promotions being set retroactively to a date prior to the termination of their service, as specified in the relevant instruments. This amendment facilitates the recognition and reinstatement of officers based on their prior service, subject to the parameters set out in the updated regulations. The scope of this legislation is confined to the Commonwealth level, affecting officers of the Australian Defence Force, and does not extend to state or territory entities or private sector employment. The application of these regulations is further defined and potentially expanded through subordinate instruments, which may specify additional conditions or circumstances under which these provisions are enacted.
Key Provisions
The statutory rules outlined in this legislation amend Regulation 45 of the Air Force Regulations. Specifically, sub-regulation (1a) is revised to allow for the appointment or promotion of an individual whose service has been terminated, whether by death or otherwise. This change enables the appointment or promotion to take effect from a date earlier than the termination of their service, as specified in the respective instrument of appointment or promotion (Section 45(1a)). The regulation is made under the authority of the Air Force Act 1923-1950 and was created on 15 May 1952, with notification in the Gazette on 22 May 1952.
Under this amendment, the Air Force now has the flexibility to appoint or promote individuals who have previously left their service. This could include those who have retired, resigned, or been dismissed. The effective date of their new appointment or promotion can be backdated to a time before their service officially ended, provided it is clearly stated in the relevant documentation. This provision might be particularly relevant in situations where personnel have valuable experience or qualifications that the Air Force wishes to utilise, even after their initial service has concluded.
The obligations imposed by this amendment require the Air Force to ensure that any appointment or promotion of former service members is formally documented. This includes specifying the effective date of the appointment or promotion in the relevant instrument. Additionally, the Air Force must ensure that any such appointments or promotions comply with existing laws and regulations, including those related to employment conditions, pay scales, and career progression.
There are no explicit offences, penalties, or civil or criminal consequences stated in the text for breach of these provisions. However, any failure to comply with the stipulated requirements could potentially lead to administrative or legal challenges. For instance, if an appointment or promotion does not adhere to the specified effective date or other stipulated terms, it might be subject to review or contestation in an administrative or judicial forum. While specific penalties are not outlined, any non-compliance could result in the nullification of the appointment or promotion, or other appropriate administrative actions.