STATUTORY RULES.
1923. No. 199.
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REGULATIONS UNDER THE AIR FORCE ACT 1923 AND THE DEFENCE ACT 1903‑1918.
I, THE GOVERNOR‑GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Air Force Act 1923 and the Defence Act 1903‑1918 to come into operation as from 31st March, 1921.
Dated this eleventh day of December, 1923.
FORSTER,
Governor‑General.
By His Excellency’s Command,
E. K. BOWDEN,
Minister of State for Defence.
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Amendment of Air Force Regulations 1922.
(Statutory Rules 1922, No. 160.)
1. Regulation 2 of the Air Force Regulations is amended by omitting the definition of “The Air Force” and inserting in its stead the following definition:—
“‘The Air Force ' means the Royal Australian Air Force constituted under the Air Force Act 1923”.
2. Regulation 4 of the Air Force Regulations is amended by omitting the words “except those relating to courts martial” (wherever occurring).
3. After regulation 12 of the Air Force Regulations the following regulation is inserted:—
Re‑engagement of airman selected for training as pilot.
12a. (1) An airman selected for training as a pilot shall be reengaged for a period of six years from the date of the commencement of that training, and his previous enlistment shall be cancelled.
(2) An airman who is re‑engaged in pursuance of this regulation shall not be entitled to purchase his discharge during the period for which he has so re‑enlisted.”
4. After regulation 19 of the Air Force Regulations the following regulation is inserted:—
Promotion of officers.
“20. The promotion of officers in the Air Force shall be by selection which shall be governed by the relative efficiency of officers eligible for promotion, and, where two or more officers are equally efficient, by the relative seniority of those officers”.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.19062.—Price 3d.
Overview
The Statutory Rules 1923 No. 199, enacted under the Air Force Act 1923 and the Defence Act 1903-1918, were introduced to address the need for amendments to the Air Force Regulations to better align with the establishment and operational requirements of the Royal Australian Air Force. The problem it sought to address included the clarification of the definition of "The Air Force" and the need for more structured processes for the re-engagement and promotion of airmen and officers within the newly formed Air Force. Enacted by the Governor-General in Council, the regulations came into operation on 31 March 1921. The policy objective as outlined in the regulations is to ensure that the Air Force is efficiently managed with clear definitions and procedures for the engagement, training, and career progression of its personnel. This was aimed at creating a robust and capable military force capable of meeting national defence requirements.
Scope and Application
The Regulations under the Air Force Act 1923 and the Defence Act 1903-1918 apply to the Royal Australian Air Force, specifically its personnel and their enlistments, re-engagements, and promotions. These Regulations affect airmen selected for pilot training and officers eligible for promotion within the Air Force. The jurisdictional reach of these Regulations is the Commonwealth of Australia, as they are made under federal acts and come into operation as from 31 March 1921. The Regulations modify existing rules, such as the definition of "The Air Force," and introduce new provisions regarding the re-engagement of airmen and the promotion of officers. While the primary focus is on the Air Force, the Regulations do not explicitly state any exclusions, exemptions, or thresholds. However, they do extend the application of the Air Force Act and Defence Act by detailing specific rules governing airmen and officers within the Air Force.
Key Provisions
The Regulations under the Air Force Act 1923 and the Defence Act 1903-1918 amend the Air Force Regulations of 1922. The principal amendments include the redefinition of “The Air Force” to mean the Royal Australian Air Force constituted under the Air Force Act 1923 (reg. 1), the removal of an exception regarding courts martial (reg. 2), and the introduction of new regulations concerning the re-engagement of airmen selected for pilot training and the promotion of officers within the Air Force (regs. 12a and 20 respectively).
These regulations impose specific obligations on airmen selected for pilot training, requiring them to be re-engaged for a period of six years from the commencement of their training, with their previous enlistment being cancelled (reg. 12a(1)). Additionally, airmen re-engaged under this regulation are not entitled to purchase their discharge during the re-engagement period (reg. 12a(2)). Furthermore, the promotion of officers within the Air Force is to be governed by their relative efficiency, and in cases of equal efficiency, by their relative seniority (reg. 20).
Violations of these regulations may result in various consequences, though specific offences, penalties, or civil/criminal consequences are not explicitly stated within the text provided. However, it is likely that breaches of these regulations could lead to disciplinary actions under the relevant Acts, potentially including fines, imprisonment, or other sanctions as determined by the applicable laws. The exact penalties would be subject to the interpretation and application of the broader legislative framework under which these regulations operate.