STATUTORY RULES.
1942. No. 232.
REGULATIONS UNDER THE AIR FORCE ACT 1923-1941.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Air Force Act 1923-1941.
Dated this thirteenth day of May, 1942.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
Minister of State for Air.
Amendments of the Air Force Regulations.†
Air fighting, gunnery, bombing or similar practice areas.
1. Regulation 439 of the Air Force Regulations is amended—
(a) by omitting therefrom the word “obscure” and inserting in its stead the word “obstruct”; and
(b) by inserting at the end thereof the words “Penalty: Ten pounds.”.
Rates of pay of airmen of the Permanent Air Force.
2.—(1.) Regulation 553 of the Air Force Regulations is amended by inserting in sub-regulation (2.), after the word “photographer,” the words “radio operator,”.
(2.) This regulation shall be deemed to have come into operation on the first day of January, 1942.
Service Conduct Sheets.
3. Regulation 698 of the Air Force Regulations is amended—
(a) by omitting from sub-regulation (5.) the words and figures “sub-regulation (7.) of regulation 218” and inserting in their stead the words and figures “clause 5 of paragraph 1152 of King's Regulations and Air Council Instructions for the Royal Air Force, in its application in relation to the Air Force and the members thereof,”;
(b) by omitting from paragraph (g) of sub-regulation (6.) the words and figures “regulation 162” and inserting in their stead the words and figures “paragraph 3470 of King’s Regulations and Air Council Instructions for the Royal Air Force, in its application in relation to the Air Force and the members thereof,”;
* Notified in the Commonwealth Gazette on , 1942.
† Statutory Rules 1927, No. 161, as amended by Statutory Rules 1928, Nos. 52 and 109; 1929, Nos. 76 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 and 158.—Fifty-sixth amendment.
2549.—Price 3d. 25/23.4.1942.
(c) by omitting from paragraph (j) of that sub-regulation the words and figures “regulation 237; and” and inserting in their stead the words and figures “section 47 of the Air Force Act, in its application in relation to the Air Force and the members thereof.”;
(d) by omitting from sub-regulation. (7.) the words and figures “regulation 228, 229, 236, 237, or 238” and inserting in their stead the words and figures “clause 4 of paragraph 1138 of King’s Regulations and Air Council Instructions for the Royal Air Force or section 47 of the Air Force Act in their application in relation to the Air Force, or of a fine under regulation 225 of these Regulations,”; and
(c) by inserting in the proviso to that sub-regulation, after the word “deduction” (wherever occurring) the words “or fine”.
Modifications, &c., of the Air Force Act.
4. The Second Schedule to the Air Force Regulations is amended by inserting in Table (i) Modifications, after item (c), the following item:—
“(ca) | 29 | Insert after the words 'authorised by this Act’ the words ‘, or by the Rules of Procedure, in their application in relation to the Air Force and the members thereof.’”. |
Heading to Fourth Schedule.
5.—(1.) The heading to the Fourth Schedule is amended by omitting the figures and letter “13a” and inserting in their stead the figures and letter “13b”.
(2.) This regulation shall be deemed to have come into operation on the eighteenth day of July, 1940.
Modifications, &c., of King’s Regulations and Air Council Instructions.
6. The Fourth Schedule to the Air Force Regulations is amended—
(a) by inserting in the fourth column of Table (i) Modifications, after the first paragraph opposite the figures “XV. | III. | 1127”, the following words and figures:—
“Omit from clause 4 all the words and figures from ‘Forms 252’ to the end of the clause.”;
(b) by inserting in that column opposite the figures “XV. | IV. | 1141”, and before the first paragraph opposite thereto, the following paragraph:—
“Add at the end of clause 1 the following words and figures:—
‘This power of delegation may also be exercised by the officer commanding a detachment having the full powers accorded to a C.O. under para. 1139 (a) or by the officer placed in command of associated detachments under para. 1140.’”;
(c) by inserting in Table (i) Modifications, after the figures “XV. | IV. | 1153” and the words and figures in the fourth column opposite thereto, the following figures and words:—
“XV. | IV. | 1154 | Omit the whole paragraph and insert in its stead the following paragraph:— ‘1154. Reproof of Officers and Warrant Officers.—I. A C.O. or any superior air force officer may reprove an officer or warrant officer under his command for an offence which, in his opinion, is not of such a serious nature as to merit disciplinary action under the Air Force |
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| Act. The reproof of an officer or warrant officer is not a recognized punishment under the Act and will not be entered in the officer's or warrant officer’s record, though it may be referred to if necessary in a confidential report upon the officer or warrant officer concerned. In order to avoid confusion with a “reprimand” under the Act, it is not to be referred to by any terms other than “reprove” or “reproof”. ‘2. Great care will be taken that the procedure in clause 1 is not adopted when superior authority is at all likely to consider that the offence calls for disciplinary action under the Air Force Act, as the reproof might in certain circumstances be held to amount to a condensation of the offence barring disciplinary action under the Act.’”; |
“XV. | IV.— | 1154— | |
—contd. | contd. | contd. |
(d) by omitting from Table (i) Modifications the third paragraph in the fourth column opposite the figures “XVI. | I. | 1230”;
(e) by inserting in that table, after the figures “XVI. | I. | 1236” and the words in the fourth column opposite thereto, the following figures and words:—
“XVI. | I. | 1239 | Omit sub-clause (d) of clause 1 and insert the following sub-clause:— ‘(d) The president of a court martial held for the trial of a person accused of an offence against flying discipline will invariably be an officer of the general duties branch. The president of a court martial held for the trial of a person accused of an offence other than the contravention of flying discipline will whenever practicable be an officer of the general duties branch. When the convening officer details as president of a court martial an officer who does not belong to the general duties branch, he will attach a certificate to the order for the assembly of the court to the effect that, in his opinion, having due regard to the exigencies of the service, an officer of the general duties branch is not available.’”: and |
(f) by adding at the end of Table (ii) Adaptations the following paragraph:—
“(l) any reference in Chapter XVI. to the Judge Advocate General means the Judge Advocate General of the Air Force: provided that if the Air Board has requested the Judge Advocate General of His Majesty’s Forces to perform any of his official functions in relation to anybody of the Air Force or the members thereof serving with the Royal Air Force, then any reference to the Judge Advocate General means, in relation to any such body, the Judge Advocate General of His Majesty’s Forces.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.