Air Force Regulations (Amendment)

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Statutory Rules

1978 No. 78

REGULATIONS UNDER THE AIR FORCE ACT 1923*

I, THE GOVERNOR-GENERAL of 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-fourth day of May 1978.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

Minister of State for Defence

AMENDMENTS OF THE AIR FORCE REGULATIONS†

Power of appoint and promote officers

1. Regulation 45 of the Air Force Regulations is amended by omitting sub-regulation (2).

2. Regulations 46, 46a, 46b and 47 of the Air Force Regulations are repealed and the following regulations substituted:

Term, &c., of appointment

“ 46. (1) In appointing a person to be an officer, the Governor-General shall specify the part of the Air Force to which the appointment is made and may express the appointment to be—

(a) a permanent appointment in the Air Force;

(b) for a specified period of service in that part of the Air Force; or

(c) for a specified period of service in one part of the Air Force, to be followed by a specified period of service in another part of the Air Force.

“ (2) Upon completion by an officer of the period of service for which he was appointed or for which the term of his appointment is, or

* Notified in the Commonwealth of Australia Gazette on 30 May 1978.

† Statutory Rules 1927, No. 161 as amended to date. For previous amendments of the Air Force Regulations see footnote † to Statutory Rules 1978, No. 61 and see also Statutory Rules 1978, Nos. 61 and 71.

11880/78 Cat. No. —Recommended retail price 20c 12/18.5.1978

is, under this regulation, to be deemed to have been, extended, the appointment of the officer shall be terminated with all convenient speed, but until the appointment is so terminated he remains an officer of the part of the Air Force in which he is serving.

“ (3) If the period of service in a part of the Air Force for which an officer was appointed or for which the term of his appointment is, or is, under this regulation, to be deemed to have been, extended expires during a time of war or defence emergency or a time for which the part of the Air Force to which he belongs is called out for continuous full-time service, the term of his appointment as an officer of that part of the Air Force shall be deemed to be extended until the end of that time.

Extension of appointments

“ 47. An officer appointed for a specified period of service may, on or before the expiration of that period, volunteer for a further period of service or for permanent appointment, and the Governor-General may extend the appointment for a further specified period of service or may convert the appointment to a permanent appointment accordingly.”.

Ranks

3. Regulation 50 of the Air Force Regulations is amended—

(a) by omitting sub-regulation (2) and substituting the following sub-regulation:

“ (2) The promotion of an officer shall be to substantive, temporary, acting or honorary rank.”; and

(b) by omitting from sub-regulation (3) “ 47,”.

Appointments to general duties branch

4. Regulation 52 of the Air Force Regulations is amended—

(a) by omitting from sub-regulation (1) “ A commission in the general duties branch of the Permanent Air Force may,” and substituting “ An appointment of a person as an officer in the general duties branch of the Permanent Air Force may be made ”;

(b) by omitting from sub-regulation (1) all words from and including “, be granted ”;

“ (2) A person shall not be appointed to be an officer in the general duties branch of the Permanent Air Force unless he is—

(a) an air cadet who has graduated from the Air Force Academy;

(b) a university graduate; or

(d) by omitting from sub-regulation (3) “ to a commission under this regulation ” and substituting “ as an officer in the general duties branch of the Permanent Air Force ”;

(e) by omitting from sub-regulation (4) “ to a commission under this regulation ” and substituting “ as an officer in the general duties branch of the Permanent Air Force ”;

(f) by omitting from sub-regulation (5) “ under this regulation ” and substituting “ in the general duties branch of the Permanent Air Force ”; and

(g) by omitting from paragraph (b) of sub-regulation (5) “ to a commission ”.

Appointments to the engineer branch

5. Regulation 52a of the Air Force Regulations is amended—

(a) by omitting from sub-regulation (1) “ A commission in the engineer branch of the Permanent Air Force may,” and substituting “An appointment of a person as an officer in the engineer branch of the Permanent Air Force may be made ”;

(b) by omitting from sub-regulation (1) all words from and including “, be granted ”;

“ (2) A person shall not be appointed to be an officer in the engineer branch of the Permanent Air Force unless he is—

(a) an air cadet;

(b) a university graduate or under-graduate;

(d) a graduate of an institution of tertiary education other than a university.”;

(d) by omitting from sub-regulation (3) “ to a commission under this regulation ” and substituting “ as an officer in the engineer branch of the Permanent Air Force ”;

(e) by omitting from sub-regulation (4) “ to a commission under this regulation ” and substituting “ as an officer in the engineer branch of the Permanent Air Force ”; and

(f) by omitting from sub-regulation (5) “ under this regulation ” and substituting “ in the engineer branch of the Permanent Air Force ”.

Appointments to the equipment, accountant and special duties branches

6. Regulation 53 of the Air Force Regulations is amended—

(a) by omitting from sub-regulation (1) “ A commission in the equipment branch, the accountant branch or the special duties branch with the rank on appointment of pilot officer may,” and substituting “ An appointment of a person as an officer in the equipment branch, the

accountant branch or the special duties branch of the Permanent Air Force may be made ”;

(b) by omitting from sub-regulation (1) “, be granted to a person ”;

“ (1a) A person shall, on first appointment as an officer in the equipment branch, the accountant branch or the special duties branch of the Permanent Air Force, be appointed with the rank not above that of flight lieutenant.”; and

(d) by omitting from sub-regulation (2) “ under this regulation ” and substituting “ in the equipment branch, the accountant branch or the special duties branch of the Permanent Air Force ”.

Appointments to the medical branch

7. Regulation 54 of the Air Force Regulations is amended—

(a) by omitting from sub-regulation (1) “ A commission in the medical branch of the Permanent Air Force with the rank on appointment not above that of flight lieutenant may,” and substituting “ An appointment of a person as an officer in the medical branch of the Permanent Air Force may be made ”;

(b) by omitting from sub-regulation (1) “, be granted to a person ”;

“ (1a) A person shall, on first appointment as an officer in the medical branch of the Permanent Air Force, be appointed with a rank not above that of flight lieutenant.”; and

(d) by omitting from sub-regulation (2) “ under this regulation ” and substituting “ in the medical branch of the Permanent Air Force ”.

Appointments as officers of warrant or non-commissioned officers

8. Regulation 54aa of the Air Force Regulations is amended—

(a) by omitting from sub-regulation (1) “ a commission in any branch of the Permanent Air Force may be granted ” and substituting “ an appointment of an airman as an officer in any branch of the Permanent Air Force may be made ”;

(b) by omitting from sub-regulation (1) all words after “ Air Staff ”;

“ (1a) An airman shall, on first appointment as an officer in the Permanent Air Force, be appointed—

(a) in the case of the appointment of a warrant officer —with the rank of flying officer; or

(b) in the case of an airman other than a warrant officer—with the rank of pilot officer.”; and

(d) by omitting from sub-regulation (2) ‘ under this regulation ” and substituting “ in accordance with this regulation ”.

Appointments as officers of ex-officers of Her Majesty’s Forces and university graduates

9. Regulation 54a of the Air Force Regulations is amended—

(a) by omitting “, on the recommendation of the Chief of Air Staff, be granted a commission ” and substituting “ be appointed to be an officer ”; and

(b) by omitting from sub-regulation (2) “ granted a commission under this regulation ” and substituting “ appointed in accordance with this regulation ”.

10. (1) Regulation 54b of the Air Force Regulations is repealed and the following regulation substituted:

Appointments to be on probation

“ 55. (1) A person other than an air cadet who is appointed to be an officer shall be appointed on probation for a period of 2 years.

“ (2) The Governor-General may, at any time during the period of probation, terminate the appointment of the person as an officer.

“ (3) The Governor-General may, at any time after the expiration of the period of the first 12 months’ probation, confirm the appointment of the person as an officer.

“ (4) If, at the expiration of the period of probation, the appointment of a person as an officer has not been so terminated or confirmed, the Governor-General shall confirm the appointment.

“ (5) A person appointed to be an officer on probation remains an officer on probation until his appointment is confirmed or terminated in accordance with this regulation.”.

(2) A person who had, before the commencement of these Regulations, been appointed to be an officer of the Australian Air Force on probation for a period (including any extension) of less than 2 years and whose appointment has not been confirmed before the commencement of these Regulations shall be deemed to have been so appointed on probation for a period of 2 years.

Repeal of regulations 56 and 56aa

11. Regulations 56 and 56aa of the Air Force Regulations arc repealed.

Notification of appointments

12. Regulation 58 of the Air Force Regulations is amended by omitting “ in regulations 59 and 59a, all appointments relating to officers shall be notified in the Gazette and promulgated in Orders ” and substituting “ by regulation 59a, the appointment of a person as an officer shall be notified in the Gazette ”.

Repeal of regulation 59

13. Regulation 59 of the Air Force Regulations is repealed.

Promotion to flight lieutenant

14. Regulation 65 of the Air Force Regulations is amended by omitting from paragraphs (b), (c), (d) and (c) of sub-regulation (1) and from paragraphs (b) and (c) of sub-regulation (3) “ prior to his having been granted a commission ” (wherever occurring) and substituting “ before his appointment as an officer ”.

Air cadets

15. Regulation 97 of the Air Force Regulations is amended by omitting from sub-regulation (2) “ granted a commission ” and substituting “ appointed to be an officer ”.

Cadets-Citizen Air Force

16. Regulation 97a of the Air Force Regulations is amended by omitting from sub-regulation (3) “ to a commission ” and substituting “ to be an officer ”.

Printed by Authority by the Commonwealth Government Printer

Overview

The Statutory Rules 1978 No. 78, under the Air Force Act 1923, were enacted to amend the Air Force Regulations, thereby addressing the need for updated provisions governing the appointment, promotion, and service conditions of officers within the Royal Australian Air Force. This legislative instrument was issued by the Governor-General, acting on the advice of the Federal Executive Council, to provide a structured framework for the administration and management of personnel in the Air Force. The overarching policy objective is to ensure that the Air Force maintains an efficient and well-qualified officer corps, capable of meeting the operational demands of the nation's defence needs. These regulations cover a broad spectrum of personnel management issues, including the terms of appointment, extension of appointments, the ranks available, and specific criteria for appointments across various branches of the Air Force. The regulations also address the probationary period for new officers and the process for confirming or terminating their appointments. By codifying these provisions, the legislation aims to provide clarity and consistency in the management of Air Force officers, ensuring that the service remains a professional and disciplined force.

Scope and Application

The Statutory Rules 1978 No. 78, being regulations under the Air Force Act 1923, govern the appointment, promotion, and other administrative aspects of officers in the Australian Air Force. These regulations apply to individuals who are to be appointed or promoted as officers within the Australian Air Force, including both permanent and specified-period appointments. The regulations outline the criteria and procedures for appointing officers to various branches of the Air Force, such as the general duties, engineer, equipment, accountant, special duties, and medical branches. It is important to note that these regulations do not apply to air cadets, who are subject to different rules as outlined in other provisions of the Air Force Act and its subordinate legislation. The scope of these regulations is national, as they pertain to the Commonwealth of Australia and its Air Force. The regulations also provide for the extension or termination of appointments under specific circumstances, such as during times of war or defence emergencies. Subordinate instruments may further extend or restrict the application of these regulations, providing additional details or specific provisions relevant to certain situations or categories of officers.

Key Provisions

The main operative sections of these Regulations under the Air Force Act 1923 primarily concern the specification and modification of appointments and promotions of officers within the Australian Air Force. Section 1 amends Regulation 45, removing the second sub-regulation. Section 2 repeals Regulations 46, 46a, 46b, and 47 and substitutes new regulations governing the terms and conditions of appointments. Section 3 modifies Regulation 50 to clarify the types of promotions available to officers. Sections 4 to 9 amend Regulations 52, 52a, 53, 54, and 54aa, respectively, to detail the eligibility criteria and rank upon first appointment for officers in various branches of the Air Force. Section 10 repeals Regulation 54b and introduces new provisions for probationary appointments under Regulation 55. Additionally, Sections 11 to 16 make various amendments and repeals concerning the notification and formalisation of officer appointments, including the repeal of Regulations 56, 56aa, and 59, and adjustments to Regulations 58, 65, 97, and 97a. These Regulations impose several obligations and requirements on the parties involved. They mandate that the Governor-General specify the part of the Air Force to which an officer is appointed and may express the appointment as permanent, for a specified period, or for sequential periods in different parts of the Air Force (Regulation 46). Officers must complete their appointed periods of service, with provisions for extensions during times of war or defence emergencies (Regulation 46(2)). Officers appointed for a specified period may volunteer for further service, and the Governor-General may extend their appointment or convert it to a permanent appointment (Regulation 47). The Regulations also detail the eligibility criteria for officers in various branches, including qualifications such as being an air cadet, university graduate, or having served in Her Majesty’s Forces (Regulations 52, 52a, 53, 54, 54aa, and 54a). Furthermore, they establish that new officers are to be appointed on probation for two years, during which their appointment may be terminated or confirmed by the Governor-General (Regulation 55). Breaches of these Regulations can lead to various civil or criminal consequences. Although the Regulations do not explicitly state penalties, non-compliance with the terms and conditions of appointments, eligibility criteria, or probationary periods could result in the termination of an officer’s appointment, as the Governor-General has the authority to terminate appointments at any time during the probationary period or upon non-confirmation after the probation period (Regulation 55(2) and (3)). Additionally, failure to adhere to the specified procedures for appointing officers, such as not notifying appointments in the Gazette, could lead to administrative or disciplinary actions as per the broader Air Force Act 1923 and related legislation. However, the specific penalties for such breaches are not detailed within these Regulations.

Area of Law: Administrative Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Regulatory Standards; Promotion of Officers; Extension of Appointments; Appointments to Various Branches

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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.

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