STATUTORY RULES.
1930. No. 94.
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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, to come into operation forthwith.
Dated, this sixteenth day of August, 1930.
(Sgd.) STONEHAVEN
Governor-General.
By His Excellency’s Command,
Minister of State for Defence.
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Amendment of Air Force Regulations.
(Statutory Rules 1927, No. 161, amended to this date.)
(Sixth Amendment.)
1. Regulation 4 is amended by inserting in the definition of “Air cadet” after the word “enlisted” the words “or appointed”.
2. Regulation 97 is amended by inserting after sub-Regulation (1), the following new sub-regulation:—
“(1a.) Notwithstanding anything contained in sub-regulation (1) of this regulation an airman selected for flying training may be appointed to be an air cadet.”
3. Regulation 149 is amended—
(a) by inserting in paragraph (b) of sub-regulation (4) after the words and figures “is over 60 years,” the words and figures, “has reached the age of 60 years,”; and
(b) by omitting in paragraph (b) of sub-regulation (4) the words “for which recreation may” and inserting in their stead the words “for recreation which may”.
4. Regulation 150 is amended by omitting sub-regulation (5) and inserting in its stead the following sub-regulation:—
“(5) Notwithstanding anything contained in this Regulation—
(a) Except upon the retirement of a member who has reached the age for retirement or, if the age for his retirement is over 60 years, has reached the age of 60 years, leave of absence for recreation shall not be granted in respect of the year in which long service leave granted under this Regulation commences, and if leave of absence for recreation has been granted in the year in which long service leave granted under this Regulation commences, it shall be regarded as part of the period of long service leave granted under this Regulation: provided that the total period of leave of absence for recreation which may, under this paragraph, be withheld or regarded as part of the period of long service leave granted under this Regulation during any member's period of service, shall not exceed the period of leave of absence for recreation which may be granted in respect of one year of service; and
“(b) The official conduct record of a member shall be taken into consideration in determining whether the whole or any portion of the long service leave or pay provided in this Regulation may be granted.”
Redress of grievances.
5. Regulations 153 and 154 are repealed and the following Regulation is inserted in their stead: —
“153. (1.) If an officer thinks himself wronged, he may complain in succession to—
(a) his commanding officer, if any;
(b) the air or other officer, if any, commanding the command in which the officer is serving;
(c) if out of the Commonwealth, or on war service in the Commonwealth, the officer, if any, in chief command of the force to which he belongs; and
(d) the Air Board.
(2.) If an airman considers himself wronged, he may complain in succession to
(a) his flight commander, if any;
(b) his squadron commander, if any;
(c) his commanding officer, if any;
(d) the air or other officer, if any, commanding the command in which the airman is serving;
(e) if out of the Commonwealth, or on war service in the Commonwealth, the officer, if any, in chief command of the force to which he belongs; and
(f) the Air Board.
(3.) Each authority mentioned in the last two preceding sub-regulations to whom a complaint is made shall, so far as is practicable, and so far as not already done, cause the complaint to be investigated, and, if it appears to the, authority that the officer or airman has suffered a wrong, shall cause the wrong to be fully redressed, if full redress is within the power of the authority, or if investigation or full redress is not within the power of the authority, shall refer the complaint, to the next superior authority in order that it may be investigated and redressed as fully as possible.
(4.) If an officer or airman is dissatisfied with the decision of the Air Board he may require that his complaint be referred to the Governor-General as Commander-in-Chief.
(5.) Any authority to whom a complaint is made or referred under this regulation shall not attempt to prevent or dissuade any officer or airman from carrying his complaint to superior authority in accordance with this Regulation.”
6. Regulation 162 is amended by omitting the words “his commanding officer” (where occurring) and inserting in their stead the words “summary award”.
7. Regulation 203 is amended by omitting from sub-regulation (3) the word “when” and inserting in its stead the word “without”.
8. Regulation 218 is amended by omitting sub-regulation (4) and inserting in its stead the following sub-regulation:—
“(4.) Where the charge is against an aircraftman for simple drunkenness, the commanding officer shall dispose of the case summarily, but nothing in this sub-regulation shall affect the jurisdiction of any court-martial, or the right of the aircraftman to be tried by court-martial.”
9. Regulation 221 is amended by inserting after sub-regulation (7), the following new sub-regulation:—
“(8.) Where a commanding officer has power to deal with the case summarily under this regulation, and, after hearing the evidence, considers that he may so deal with the case, he shall, in every case where the award or finding involves a forfeiture of pay and allowances, and in every other case unless he awards no other punishment than a minor punishment, ask the airman charged whether he desires to be dealt with summarily or to be tried by a district court-martial, and, if the airman elects to be tried by a district court-martial, the commanding officer shall take steps for bringing him to trial by a district court-martial, but otherwise shall proceed to deal with the case summarily.”
10. Regulation 236 is amended —
(a) By omitting sub-regulation (1) and inserting in its stead the following sub-regulation:—
“(1.) Except as provided by regulations 228 and 229 non-commissioned officers shall not be subject to summary or minor punishments or punished by being placed in any lower position on the list of their rank by their commanding officer: Provided that they may be admonished, reprimanded or severely reprimanded.”;
(b) By inserting after sub-regulation (4) the following new sub-regulation: —
“(5) Where the authority having power to deal summarily with the case considers that he may so deal with the case, he shall, unless he awards a severe reprimand, or a reprimand, in every case ask the accused whether he desires to be dealt with summarily or to be tried by a court-martial, and if the accused elects to be tried by a court-martial, take steps for bringing him to trial by a court-martial, hut otherwise shall proceed to deal with the case summarily.”
11. Regulation 237 is amended by inserting after sub-regulation (4) the following new sub-regulation:—
“(5.) Where the authority having power to deal summarily with the case considers that he may so deal with the case, he shall, unless be awards a severe reprimand, or a reprimand, in every case ask the accused whether he desires to be dealt with summarily or to be tried by a court-martial, and if the accused elects to be tried by a court-martial, take steps for bringing him to trial by a court-martial, but otherwise shall proceed to deal with the case summarily.”
Challenges by prisoner.
12. After regulation 313 the following new regulation is inserted:—
“313a. (1.) An accused about to be tried by any court-martial may object, for any reasonable cause, to any member of the court, including the president, whether appointed to serve thereon originally or to fill a vacancy caused by the retirement of an officer objected to, so that the court may be constituted of officers to whom the accused makes no reasonable objection.
(2.) Every objection made by an accused to any officers shall be submitted to the other officers appointed to form the court.
(3) If the objection is to the president, such objection, if allowed by one-third or more of the other officers appointed to form the court, shall be allowed, and the court shall adjourn for the purpose of the appointment of another president.
(4.) If an objection to the president is allowed, the authority convening the court shall appoint another president, subject to the same right of the accused to object.
(5.) If the objection is to a member other than the president, and is allowed by one-half or more of the votes of the officers entitled to vote, the objection shall be allowed, and the member objected to shall retire, and his vacancy may be filled in the prescribed manner by another officer, subject to the same right of the accused to object.”
13. Regulation 343 is amended by omitting the words “but he shall call such of them” and inserting in their stead the words “but he should ordinarily call such of them”.
Conviction of less offence permissible on charge of greater.
14. After regulation 357 the following new regulation is inserted: —
“357a. (1.) An accused charged before a court-martial with stealing may be found guilty of embezzlement or of fraudulently misapplying money or properly.
(2.) An accused charged before a court-martial with embezzlement may be found guilty of stealing or fraudulently misapplying money or property.
(3.) An accused charged before a court-martial with desertion may be found guilty of attempting to desert or of being absent without leave.
(4.) An accused charged before a court-martial with attempting to desert may be found guilty of desertion or of being absent without leave.
(5.) An accused charged before a court-martial with striking may be found guilty of using or offering violence.
(6.) An accused charged before a court-martial with using violence may be found guilty of offering violence.
(7.) An accused charged before a court-martial with using threatening language may be found guilty of using insubordinate language.
(8.) An accused charged before a court-martial with any other offence under these regulations may on failure of proof of an offence being committed under circumstances involving a higher degree of punishment, be found guilty of the same offence as being committed, under circumstances involving a less degree of punishment.
(9.) Where an accused is charged before a court-martial with a civil offence and the charge is one upon which if he had been tried by a civil court he might have been found guilty of any other offence, the court-martial shall have power to find him guilty of that offence.”
15. Regulation 367 is amended by omitting from sub-regulation (2) the word “office” and inserting in its stead the word “offence”.
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By Authority: H. J. Green, Government Printer, Canberra.