STATUTORY RULES.
1942. No. 476.
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REGULATION UNDER THE AIR FORCE ACT 1926-1941. *
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 twenty-ninth day of October, 1942.
GOWRIE
Governor-General.
By His Excellency’s Command,
ARTHUR S. DRAKEFORD
Minister of State for Air.
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Amendment of the Air Force Regulations. †
Regulation 25 of the Air Force Regulations is amended by adding at the end thereof the following sub-regulation:—
Members of Air Board.
“(4.) There shall be a Deputy Chief of the Air Staff who, at the discretion of the Chief of the Air Staff, may represent him and, in the absence of the Chief of the Air Staff, may exercise his vote at any meeting of the Air Board, and when the Deputy Chief of the Air Staff attends at any meeting of the Air Board he shall be regarded for all purposes as an Air Member of the Air Board.”.
* Notified in the Commonwealth Gazette on 29th October, 1942.
† 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; and 1942, Nos. 29, 158, 232, 254, 346, 383, 416, 440 and 441.—Sixty-third amendment.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
7804.—Price 3d.
Overview
The Statutory Rules of 1942, No. 476, issued under the Air Force Act 1923-1941, were enacted by the Governor-General, acting on advice from the Federal Executive Council. This legislative instrument, introduced to address the need for greater organisational structure within the Air Force, specifically amends the Air Force Regulations by adding a new sub-regulation that establishes the role of a Deputy Chief of the Air Staff. This role is intended to ensure continuity and effective representation within the Air Board, particularly in the absence of the Chief of the Air Staff. The regulation aims to provide clarity and continuity in the decision-making processes of the Air Board, enhancing operational efficiency and governance within the Australian Air Force.
Scope and Application
The legislative instrument in question, F1997B00528, pertains to a regulation under the Air Force Act 1923-1941. It specifically amends the Air Force Regulations by introducing a new sub-regulation that establishes the role of a Deputy Chief of the Air Staff. This amendment applies to members of the Air Board and pertains to the conduct of meetings within the Air Force. The regulation is framed to allow the Deputy Chief of the Air Staff to represent the Chief of the Air Staff and exercise voting rights in his absence, thereby ensuring continuity of decision-making within the Air Board. The regulation is geographically confined to the Commonwealth of Australia, reflecting its federal jurisdiction. There are no explicit exclusions or exemptions mentioned in the text, and its application is direct, without reliance on subordinate instruments for extension or restriction.
Key Provisions
The main operative sections of this regulation introduce and detail the appointment and role of a Deputy Chief of the Air Staff within the Air Force structure (Regulation 25(4)). Specifically, this section stipulates that a Deputy Chief of the Air Staff is to be appointed and outlines their authority to represent the Chief of the Air Staff, exercise their vote at Air Board meetings, and be regarded as an Air Member of the Air Board when attending such meetings. This amendment to the Air Force Regulations is designed to provide a clear framework for the Deputy Chief of the Air Staff's responsibilities and powers.
Under this Act, the obligations and requirements imposed on the parties involved are primarily administrative and structural in nature. The Chief of the Air Staff is granted discretion over whether the Deputy Chief of the Air Staff represents them and exercises their vote in their absence. This discretionary power ensures flexibility in the management of the Air Board meetings and the delegation of responsibilities. Additionally, when the Deputy Chief of the Air Staff attends any Air Board meeting, they are to be treated as any other Air Member, ensuring their integration and participation within the Board's proceedings.
The regulation does not explicitly outline specific offences, penalties, or consequences for breaches of its provisions. However, the nature of the regulation suggests that any failure to adhere to the outlined roles and responsibilities of the Deputy Chief of the Air Staff could lead to operational inefficiencies or disputes within the Air Board. While the regulation itself does not provide for specific penalties, breaches of the Air Force Act 1923-1941, under which this regulation is made, could potentially result in disciplinary actions or other legal consequences as stipulated by the overarching Act. Given the importance of the roles defined, adherence to these provisions is critical to maintaining the effective functioning of the Air Force governance structure.