Statutory Rules
1980 No. 306
REGULATIONS UNDER THE AIR FORCE ACT 19231
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-first day of October 1980.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
J. E. MCLEAY
Minister of State for Administrative Services
for and on behalf of the Minister of State for Defence
_______________
AMENDMENTS OF THE AIR FORCE REGULATIONS2
Ranks of officers
1. Regulation 50 of the Air Force Regulations is amended by omitting sub-regulation (1) and substituting the following sub-regulations:
“(1) Subject to sub-regulation (1A), the ranks of officers in order of seniority, commencing with the most senior rank, shall be as follows:
Column 1 Item | Column 2 Rank | Column 3 Rank corresponding to that specified in Column 2 in the same item |
1 | Marshal of the Royal Australian Air Force | |
2 | Air Chief Marshal | |
3 | Air Marshal | |
4 | Air Vice-Marshal | |
5 | Air Commodore | |
6 | Group Captain | Group Officer |
7 | Wing Commander | Wing Officer |
8 | Squadron Leader | Squadron Officer |
9 | Flight Lieutenant | Flight Officer |
10 | Flying Officer | |
11 | Pilot Officer | |
“(1A) A rank specified in Column 3 of the table in sub-regulation (1) may be held only by an officer who held any of the ranks specified in that column on 1 November 1978 as a substantive rank or as a temporary rank.”.
2. After regulation 50 of the Air Force Regulations the following regulation is inserted:
Prior service of female officers
“50A.(1) For the purposes of determining under paragraph 50 (3) (d) the date on which an officer’s appointment or promotion took effect, an officer who holds a substantive rank specified in Column 2 of the table in this sub-regulation in an item in that table and who, for any period at any time before the commencement of this regulation, held a substantive rank specified in Column 3 of that table in that item shall be deemed to have held the first-mentioned substantive rank during the whole of that period:
Column 1 Item | Column 2 Rank | Column 3 Previous rank |
1 | Group Captain | Group Officer |
2 | Wing Commander | Wing Officer |
3 | Squadron Leader | Squadron Officer |
4 | Flight Lieutenant | Flight Officer |
5 | Flying Officer | Section Officer |
“(2) For the purposes of determining under paragraph 50 (3) (c) the date from which an officer’s promotion to a temporary rank took effect, an officer who holds a temporary rank specified in Column 2 of the table in sub-regulation 50A (1) in an item in that table and who, for any period at any time before the commencement of this regulation, held a temporary rank specified in Column 3 of that table in that item shall be deemed to have held the first-mentioned temporary rank during the whole of that period.”.
Retiring ages for officers
3. Regulation 88 of the Air Force Regulations is amended—
(a) by omitting from sub-regulation (1) “or a member of the Nursing Service”;
(b) by omitting from the table in sub-regulation (1) the words “Section Officer” and the figures appearing in the third column of that table opposite those words; and
(c) by omitting sub-regulation (1A).
NOTES
1. Notified in the Commonwealth of Australia Gazette on 28 October 1980.
2. Statutory Rules 1927 No. 161 as amended to date. For previous amendments see Note 2 to Statutory Rules 1980 No. 2 and see also Statutory Rules 1980 Nos. 2, 35, 40, 41, 129, 146, 151, 152, 153, 176, 221, 224, 246, 250 and 301.
Overview
The Statutory Rules 1980 No. 306, made under the Air Force Act 1923, were enacted to update and amend the Air Force Regulations. These regulations address issues such as the ranks of officers within the Royal Australian Air Force, ensuring that certain ranks are held only by those who held equivalent ranks prior to a specific date, and clarify the recognition of prior service for female officers. Furthermore, the regulations modify retiring ages for officers by removing specific references to certain ranks and services. Enacted by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, these regulations aim to maintain the operational effectiveness and administrative clarity within the Air Force.
Scope and Application
The Statutory Rules 1980 No. 306, being regulations made under the Air Force Act 1923, govern the administration and structure of the Royal Australian Air Force. These regulations apply to officers within the Air Force, specifying their ranks, the conditions under which ranks may be held, and the retirement ages for officers. The regulations are applicable to all officers of the Royal Australian Air Force, both current and former, who held ranks prior to the commencement of these regulations on 21 October 1980. Notably, the regulations include provisions that allow for the recognition of prior service ranks held by female officers, ensuring that their service is appropriately acknowledged in the determination of their current ranks and the dates of their appointments or promotions. The regulations also outline the ranks in order of seniority and the conditions under which these ranks may be held, ensuring a structured and hierarchical command within the Air Force. These regulations extend across the Commonwealth of Australia, thereby applying nationally.
Key Provisions
The statutory rules made under the Air Force Act 1923 detail various amendments to the Air Force Regulations. One significant change is the revision of the ranks of officers in the Royal Australian Air Force (sub-regulation 50). This amendment lists the ranks in order of seniority and specifies that certain ranks may only be held by officers who held equivalent ranks on 1 November 1978, either substantively or temporarily (sub-regulation 50(1A)). Another crucial amendment pertains to the prior service of female officers (regulation 50A). This regulation provides that female officers holding specific substantive or temporary ranks are deemed to have held the equivalent rank during any period before the commencement of the regulation for the purposes of determining the dates of their appointments or promotions.
These amendments impose certain obligations on the officers of the Royal Australian Air Force. Officers must ensure that their ranks and the dates of their appointments or promotions are accurately recorded, particularly if they held equivalent ranks prior to the commencement of these regulations. Additionally, any officer who has served in equivalent ranks before the specified date must provide evidence of such service to support their current rank. The regulations also require that the ranks of officers be strictly adhered to, with specific ranks being reserved for officers who held equivalent positions on the stipulated date.
The statutory rules do not explicitly outline offences, penalties, or consequences for breaches of the regulations. However, it can be inferred that failure to comply with these provisions could lead to administrative or disciplinary actions within the Air Force. Such actions might include investigations into the accuracy of rank and service records, potential demotions, or other disciplinary measures as deemed necessary by the Air Force authorities. While specific penalties are not mentioned in the text, non-compliance with military regulations can typically result in serious consequences for the involved officers.