Air Force Regulations (Amendment)

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STATUTORY RULES.

1938. No. 12.

 

REGULATIONS UNDUE 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 second day of February, 1938

Governor-General.

By His Excellency’s Command,

Minister of State for Defence.

 

Amendment of Air Force Regulations.†

Branches.

1. Regulation 49 of the Air Force Regulations is amended by omitting from paragraph (b) the words “stores and accounting” and inserting in their stead the word “equipment”.

Appointment to Equipment Branch.

2. Regulation 53 of the Air Force Regulations is amended by omitting the words “stores and accounting” and inserting in their stead the word “equipment”.

Appointment on probation.

3. Regulation 54b of the Air Force Regulations is amended by omitting from paragraph (3.) of the proviso to sub-regulation (2.) the words “stores and accounting” and inserting in their stead the word “equipment”.

Promotion to Flying Officer.

4. Regulation 64 of the Air Force Regulations is amended by omitting from sub-regulation (4.) the words “stores and accounting” and inserting in their stead the word “equipment”.

Retiring age.

5. Regulation 88 of the Air Force Regulations is amended by omitting from the table in sub-regulation (1.) the words “Stores and Accounting” and inserting in their stead the word “Equipment”.

Meaning of term pay.

6. Regulation 151 of the Air Force Regulations is amended by omitting paragraph (h) and inserting in its stead the following paragraph:—

“(h) examiner’s pay; and”.

 

* Notified in the Commonwealth Gazette on , 1937.

† 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; 1931, Nos. 25, 51, 74, 81, 122 and 125; 1935, Nos. 32 and 98; 1936, No. 17; 1937, No. 21—Thirtieth amendment.

5900.—7/26.10.1937.—Price 3d.


Classification of Members of Reserve.

7. Regulation 454 of the Air Force Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “Stores and accounting” and inserting in their stead the word “Equipment”; and

(b) by inserting in sub-regulation (4.), after the words “stores and accounting”, the words “or the equipment”.

Allowance on sick leave.

8. Regulation 538 of the Air Force Regulations is amended by omitting paragraph (c) of sub-regulation (1.).

Active pay-rates.

9. Regulation 547 of the Air Force Regulations is amended by omitting from paragraph (b) of sub-regulation (1.) the, words “Stores and Accounting” and inserting in their stead the word “Equipment”.

Deferred pay-rates.

10. Regulation 548 of the Air Force Regulations is amended by omitting from paragraph (b) of sub-regulation (1.) the words “Stores and Accounting” and inserting in their stead the word “Equipment”.

Servants.

11. Regulation 560 of the Air Force Regulations is amended by omitting the provisos thereto.

Separation allowance.

12. Regulation 561 of the Air Force Regulations is amended by omitting the proviso to sub-regulation (2.) and inserting in its stead the following proviso:—

“Provided that where any temporary absence commencing on or after the fifteenth day of April, 1937—

(a) exceeds twenty-one days and an airman is not in receipt of travelling allowance owing to his being provided with quarters and rations, or paid ration allowance; or

(b) exceeds two calendar months,

separation allowance may be paid in respect of the whole period of his absence from his permanent station.”.

Rates of pay.

13. Regulation 646 of the Air Force Regulations is amended by omitting from sub-regulation (3.) the word “servant,”.

Definition of pay.

14. Regulation 677 of the Air Force Regulations is amended by omitting paragraph (h) and inserting in its stead the following paragraph:—

“(h) examiner’s pay; and”.

Members incapacitated or injured on duty.

15. Regulation 678 of the Air Force Regulations is amended by inserting in sub-regulation (1.) after the words “dependent upon him” the words “and in respect of whom the member is not receiving any payment by way of child endowment independently of this regulation”.

 

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

Overview

The Statutory Rules 1938, No. 12, titled "Regulations under the Air Force Act 1923", was enacted to amend various provisions of the Air Force Regulations. These amendments sought to address gaps and inconsistencies in the existing regulations, particularly concerning the nomenclature and structure within the Air Force, especially with respect to the reclassification of roles and responsibilities related to equipment. The regulations were made by the Governor-General in Council, acting on the advice of the Federal Executive Council, and they reflect a policy objective to streamline and modernise the administrative and operational framework of the Air Force. By realigning certain functions and updating terminology, the regulations aim to enhance the efficiency and clarity of the Air Force's operational directives.

Scope and Application

The Air Force Regulations, as amended by the Statutory Rules 1938 No. 12, apply to all members of the Australian Air Force, including both regular and reserve members. These regulations govern various aspects of service, including appointments, promotions, allowances, and pay rates. The amendments primarily focus on the transition from the former "Stores and Accounting" branch to the new "Equipment" branch, reflecting changes in the roles and responsibilities within the Air Force. The amendments also address provisions regarding separation allowance, active and deferred pay-rates, and the definition of pay, ensuring that the regulations remain current and relevant to the evolving nature of military service. The regulations extend across the Commonwealth of Australia, applying uniformly to all members regardless of their location within the country. The application of these regulations is further clarified and potentially expanded through subordinate instruments, which may introduce additional rules or exceptions as necessary.

Key Provisions

The Statutory Rules 1938, No. 12, which amend the Air Force Regulations under the Air Force Act 1923, bring several key changes to the existing regulations. Primarily, these amendments focus on the terminology and scope of certain branches and regulations within the Air Force. For instance, Regulation 49 and Regulation 53 (paragraphs 1 and 2) replace the term "stores and accounting" with "equipment" across various sections, thereby broadening the scope of these regulations to encompass a wider array of responsibilities and duties within the Air Force (sections 1 and 2). Additionally, Regulation 54b (paragraph 3 of the proviso to sub-regulation 2) and Regulation 64 (sub-regulation 4) are similarly amended to reflect this change (sections 3 and 4). The retiring age and classification of members, as outlined in Regulation 88 (sub-regulation 1) and Regulation 454 (sub-regulations 1 and 4), also see modifications to incorporate the new terminology (sections 5 and 7). These amendments impose specific obligations on the parties governed by these regulations, primarily focusing on the Air Force personnel and administrative staff. They must now adhere to the updated terminology and scope as set out in the amended regulations, which means that their duties, responsibilities, and the scope of their work have been redefined to include equipment-related functions (sections 1-7). Moreover, the changes in Regulation 561 (sub-regulation 2) concerning separation allowance also impose new conditions on the payment of such allowances based on the duration of temporary absences (section 12). In terms of consequences for non-compliance or breaches, the Regulations themselves do not explicitly state offences, penalties, or specific civil or criminal consequences. However, given that these amendments are made under the Air Force Act 1923, any failure to comply with these updated regulations could potentially lead to disciplinary actions as per the broader provisions of the Act. Such actions could include administrative penalties, reassignment, or other disciplinary measures as deemed appropriate by the Air Force authorities. It is important for all governed parties to ensure they are fully aware of and comply with these amendments to avoid any adverse consequences.

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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.