STATUTORY RULES.
1931. No. 78.
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 26th day of June, 1931.
ISAAC A. ISAACS
Governor-General.
By His Excellency’s Command,
Air Force Regulations.
(Statutory Rules 1927, No. 161, amended to this date.)
Ninth Amendment.
1. Regulation 49 is amended—
(a) by omitting in paragraph (b) the words “branch; and” and inserting in their stead the word “branch;”;
(b) by omitting in paragraph (c) the word “branch.” and inserting in its stead the words “branch; and”; and
(c) by inserting the following new paragraph:—
“(d) the quartermaster branch”.
2. Regulation 53 is amended by omitting in sub-regulation (2.) the word “determinned” and inserting in its stead the word “determined”.
3. Regulation 73 is amended by omitting sub-regulation (2.).
4. Regulation 81 is repealed.
5. Regulation 82 is amended—
(a) by omitting in sub-regulation (1.) the words “who are not liable for training under the Defence Act and”; and
(b) by omitting in sub-regulation (2.) the words “who are not liable for training under the Defence Act and”.
6. After regulation 90 the following new regulation is inserted:—
Command and precedence of officers of Royal Air Force.
“90a. An officer of the Royal Air Force when attached to or serving with the Royal Australian Air Force shall be entitled to command and precedence in the Royal Australian Air Force as if his appointment to his rank in the Royal Air Force had been an appointment of the same date to the corresponding rank in the Royal Australian Air Force.”
7. After regulation 180 the following new regulation is inserted: —
Personation, false representation or assumption of title of rank in relation to Air Force.
“180a. Any person who personates, or falsely represents himself to be or to have been, a member of His Majesty’s Air Forces or who, without lawful authority, assumes the title of any rank in use in His Majesty’s Air Forces, shall be guilty of an offence and liable to a penalty not exceeding Ten pounds.”
By Authority: H. J. Green, Government Printer, Canberra.
1559.—Price 3d.
Overview
The Air Force Regulations, enacted under the Air Force Act 1923, address the need for detailed rules governing the administration, discipline, and operation of the Royal Australian Air Force. These regulations were made by the Governor-General in accordance with the Federal Executive Council, with the aim of ensuring the smooth and lawful functioning of the Air Force. This legislative instrument, dated June 26, 1931, provides the necessary framework to manage various aspects of the Air Force, including the command structure, officer precedence, and the prevention of fraudulent activities related to the Air Force. The policy objective of these regulations is to uphold the integrity and effectiveness of the Air Force by providing clear and enforceable rules.
Scope and Application
The Regulations under the Air Force Act 1923 apply to various officers and personnel within the Royal Australian Air Force (RAAF), as well as to any individual who might falsely represent themselves as a member of His Majesty's Air Forces or assume the title of a rank within the Air Force. The regulations govern the conduct and administration of officers within the RAAF, including their command and precedence, and impose penalties for personation, false representation, or unauthorised assumption of Air Force ranks. The jurisdictional reach of these regulations is federal, as they are issued under the authority of the Commonwealth of Australia. These regulations do not explicitly state exclusions or thresholds but are designed to maintain discipline and proper conduct within the Air Force. The application of these regulations may be further defined or extended through subordinate instruments, which can provide additional rules and clarifications.
Key Provisions
The main operative sections of these Regulations under the Air Force Act 1923 include several amendments and insertions designed to refine the governance and operation of the Royal Australian Air Force. Specifically, Regulation 49 is amended to include the quartermaster branch, while Regulation 53 corrects a spelling error in sub-regulation (2) from "determinned" to "determined" (sections 1 and 2). Additionally, sub-regulation (2) of Regulation 73 is omitted, and Regulation 81 is repealed entirely (sections 3 and 4). Regulation 82 is amended to remove references to the Defence Act, clarifying the training liabilities of certain personnel (section 5). A new Regulation 90a is introduced, granting officers of the Royal Air Force command and precedence rights when attached to or serving with the Royal Australian Air Force (section 6). Furthermore, a new Regulation 180a is inserted, establishing penalties for personation, false representation, or unlawful assumption of rank within His Majesty's Air Forces (section 7).
These Regulations impose clear obligations on the Royal Australian Air Force and its personnel, ensuring that the command structure and ranks are accurately defined and enforced. The inclusion of the quartermaster branch in Regulation 49 ensures that this branch is properly integrated into the operational framework of the Air Force. Regulation 90a provides clarity on the command and precedence rights for Royal Air Force officers when attached to the Royal Australian Air Force, ensuring that their ranks are recognised and respected within the Australian context. Regulation 180a introduces a legal deterrent against fraudulent practices by imposing penalties for personation, false representation, and the unlawful assumption of Air Force ranks.
Breach of these Regulations can lead to significant legal consequences. Regulation 180a specifically imposes a penalty not exceeding Ten pounds for any person found guilty of personation, false representation, or the unlawful assumption of rank within His Majesty's Air Forces (section 7). This financial penalty serves as a deterrent against fraudulent activities and ensures that the integrity of the Air Force is maintained. Failure to adhere to these provisions could result in legal action and the imposition of the stated penalties.