Air Force Regulations (Amendment)

Overview

The Statutory Rules 1936 No. 17, made under the Air Force Act 1923, was enacted by the Governor-General in accordance with the advice of the Federal Executive Council. This legislative instrument aimed to amend the Air Force Regulations, introducing specific changes to the pay of examiners on the internal inspection staff, the terminology used in relation to balloons and kites, and the display requirements of lights on captive balloons or kites. The policy objective behind these amendments was to enhance the operational safety and administrative efficiency within the Australian Air Force. The Regulations were notified in the Commonwealth Gazette on the specified date in 1936 and were intended to address gaps in the existing regulatory framework, ensuring that the Air Force could operate under updated and clarified guidelines.

Scope and Application

The Statutory Rules 1936 No. 17, made under the Air Force Act 1923, amends the Air Force Regulations by introducing new provisions regarding the pay of examiners on the internal inspection staff and modifying the display requirements for lights on captive balloons or kites. These regulations apply to personnel within the Australian Defence Force, specifically airmen holding appointments on the internal inspection staff, and extend to the operational procedures concerning the display of lights on captive balloons or kites. The amendments are applicable nationwide, given the overarching nature of the Commonwealth jurisdiction. Notably, these regulations do not specify any exclusions or exemptions; however, they can be further refined or extended through subordinate instruments, as permitted under the overarching Air Force Act 1923.

Key Provisions

The main operative sections of these Regulations under the Air Force Act 1923 include the insertion of a new regulation (554a) and amendments to existing regulations (692, 693, and 698). Regulation 554a introduces pay for examiners on the internal inspection staff, with different rates for chief examiners, examiners class I, and examiners class II. Regulation 692 is amended to change the term "fixed" to "captive" in the context of balloons or kites. Regulation 693 is amended to specify lighting requirements for captive balloons or kites, including the arrangement and visibility of lights from various parts of the balloon or kite and the mooring cable, as well as marking the position of the object to which the balloon or kite is moored. Finally, regulation 698 is amended to remove specific paragraphs (i) and (k) from sub-regulation (6). These Regulations impose several obligations and requirements on parties or entities governed by them. Firstly, they establish a structured pay scale for examiners on the internal inspection staff, with specific rates for different levels of examiners. Secondly, they update terminology in regulation 692 to ensure clarity and precision in the context of balloons or kites. Thirdly, regulation 693 mandates detailed lighting requirements for captive balloons or kites, aiming to enhance visibility and safety. This includes the placement and visibility of lights on the balloon or kite and the mooring cable, as well as marking the position of the moored object on the ground. Lastly, regulation 698’s amendments involve removing certain paragraphs from sub-regulation (6), likely to streamline or update the regulation’s content. The Regulations do not explicitly state offences, penalties, or civil/criminal consequences for breaches. However, under the Air Force Act 1923, failure to comply with regulations could potentially lead to disciplinary actions or other legal consequences as deemed appropriate by the relevant authorities. The specific penalties would depend on the nature and severity of the breach, as well as any relevant military or civil laws applicable at the time. Given the historical context of these Regulations, it is important to consider the legal framework of 1936 when assessing potential consequences for non-compliance.