Air Force Regulations (Amendment)

Administered by Department of Defence

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STATUTORY RULES.

1939. No. 21.

 

REGULATIONS UNDER THE AIR FORCE ACT 1923.*

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.

Dated this twenty-second day of March, 1939.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

Minister of State for Defence.

 

Amendments of the Air Force Regulations.†

Long Service Leave.

1. Regulation 149 of the Air Force Regulations is amended by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:—

“(3.) Upon the death of any member who at the date of his death was eligible under this regulation for the grant of long service leave (or, if the Air Board, after consideration of all the circumstances, directs that the death of a member so eligible be presumed), the Air Board may authorize payment to the dependants of the member of a sum equivalent to the amount of pay which would, under this regulation, have been granted to the member had he retired immediately prior to the date of his death (or, in any case where the Air Board has directed that the death of the member be presumed, a date determined by the Board):

Provided that, where all or any of the dependants of the member are under the age of 21 years, the whole or part of any such sum of money payable under this sub-regulation may be paid, on behalf of the dependants or such of them as are under the age of 21 years, to a person or persons approved by the Minister.”.

 

* Notified in the Commonwealth Gazette on , 1939.

† Statutory Rules 1927, No. 161, as amended by Statutory Rules 1928, Nos. 52 and 109; 1929, Nos. 79 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; and 1938, Nos. 12, 13, 22, 48, 77, 97 and 120. Thirty-seventh amendment.

661.—7/9.2.1939.—Price 3d.


Proportionate Long Service Leave.

2. Regulation 150 of the Air Force Regulations is amended by omitting sub-regulation (4.) and inserting in its stead the following sub-regulation:—

“(4.) Where, before a member has completed twenty years’ service in the Permanent Air Force and either before or after he has attained the age of 60 years—

(a) the member dies; or

(b) the Air Board, after consideration of all the circumstances, directs that the death of the member be presumed,

the Air Board may authorize payment to the dependants of the member of a sum equivalent to the pay for the period of long service leave (less such period as is equivalent to the period of leave of absence for recreation, if any, granted to the member in respect of the year in which he died or is presumed to have died) which the member would have received had he, under sub-regulation (1.) of this regulation, been granted long service leave immediately prior to the date of his death or, in any case where the Air Board has directed that the death of the member be presumed, a date determined by the Board:

Provided that, where all or any of the dependants of the member arc under the age of 21 years, the whole or part of any such sum of money payable under this sub-regulation may be paid, on behalf of the dependants or such of them as are under the age of 21 years, to a person or persons approved by the Minister,”.

3. Regulation 542 of the Air Force Regulations is repealed and the following regulation is inserted in its stead:—

Unclaimed pay and allowances.

“542. Unless in special circumstances the Air Board otherwise directs, a, member shall forfeit any pay, allowance, refund of expenses or other pecuniary advantage allowable under these Regulations which he has not claimed within a period of twelve months from the date upon which he became eligible for the payment thereof.”.

Rates of pay of airmen of the Permanent Air Force.

4.—(1.) Regulation 553 of the Air Force Regulations is amended—

(a) by inserting in sub-regulation (2.), after the words “carpenter (general),”, the words “fabric worker,”; and

(b) by omitting from sub-regulation (3.) the words “fabric worker,”.

(2.) This regulation shall be deemed to have come into operation on the first day of December, 1938.

 

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

Overview

The Air Force Regulations, enacted in 1939 under the Air Force Act 1923, were established to provide comprehensive governance for the Australian Air Force, ensuring that all operational, administrative, and disciplinary aspects were regulated effectively. The regulations were formulated by the Governor-General, acting with the advice of the Federal Executive Council, and address a variety of issues pertinent to the administration and functioning of the Air Force. The overarching policy objective was to maintain a disciplined, efficient, and well-organised military force, ensuring that all members were adequately compensated, benefits were fairly distributed, and the financial integrity of the force was upheld. This legislative instrument aimed to rectify gaps in existing regulations, particularly concerning the payment of long service leave to dependants in the event of a member's death, the forfeiture of unclaimed pay and allowances, and the adjustment of rates of pay for certain positions within the Permanent Air Force.

Scope and Application

The Regulations under the Air Force Act 1923, particularly as amended by Statutory Rules 1939 No. 21, pertain to members of the Australian Air Force, including those in the Permanent Air Force, and their dependants. These regulations primarily govern aspects such as long service leave entitlements, forfeiture of unclaimed pay, and rates of pay for specific roles within the Air Force. The regulations establish procedures for the Air Board to authorise payments to dependants of deceased members who were eligible for long service leave, and they detail conditions under which such payments may be made, including provisions for minors. Furthermore, these regulations outline the conditions under which airmen forfeit unclaimed pay, allowances, refunds of expenses, or other pecuniary advantages if not claimed within a specified timeframe. The amendments also revise the rates of pay for certain roles, specifically adding "fabric worker" to the list of roles covered under the regulations. These regulations apply nationally across Australia, as they are made under the Commonwealth jurisdiction. The scope of these regulations does not explicitly state any exclusions or exemptions, but they are subject to interpretation and potential modifications through subordinate instruments or further legislative amendments.

Key Provisions

The main operative sections of these regulations primarily focus on long service leave, unclaimed pay and allowances, and rates of pay for certain members of the Permanent Air Force. Regulation 149 outlines the provisions for payment to the dependants of a deceased member who was eligible for long service leave. Regulation 150 provides for proportionate long service leave payments in the event of a member’s death before completing twenty years of service, with or without having reached the age of 60. Regulation 542 deals with the forfeiture of unclaimed pay, allowances, refunds of expenses, or other pecuniary advantages if not claimed within twelve months of becoming eligible. Additionally, Regulation 553 is amended to include rates of pay for fabric workers within the Permanent Air Force. These regulations impose several obligations and requirements on the parties they govern. The Air Board is mandated to consider all circumstances when determining whether to authorize payments to dependants under Regulations 149 and 150. The Board must also ensure that any payments made are proportionate to the leave that would have been granted had the member retired immediately prior to their death. Members are required to claim their pay, allowances, refunds of expenses, or other pecuniary advantages within twelve months of becoming eligible, or risk forfeiting these benefits under Regulation 542. The inclusion of fabric workers in Regulation 553 ensures that their rates of pay are officially recognized and regulated. Failure to comply with these regulations can result in civil consequences. Members who do not claim their eligible benefits within the stipulated twelve-month period risk forfeiting those benefits as per Regulation 542. However, the regulations do not explicitly state any maximum penalties for such breaches. The provisions concerning long service leave payments to dependants are designed to ensure that the dependants receive financial support, particularly if any of them are under the age of 21. Any missteps in the administration of these payments could lead to disputes or claims from affected parties, although the regulations do not outline specific penalties for administrative errors.

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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.