Air Force Regulations (Amendment)

Administered by Department of Defence

Legislation au F1997B00570 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1959. No. 100

REGULATIONS UNDER THE AIR FORCE ACT 1923-1956.*

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 1923-1956.

Dated this 4th day of December, 1959.

W. J. SLIM

Governor-General.

By His Excellency’s Command,

Minister of State for Air.

AMENDMENTS OF THE AIR FORCE REGULATIONS.

Commencement.

1. These Regulations shall come into operation on the fourteenth day of December, 1959.

Power to appoint and promote officers.

2. Regulation 45 of the Air Force Regulations is amended by omitting from paragraph (b) of sub-regulation (2.) the words “four years” and inserting in their stead the words “eight years, six years or four years”.

3. After regulation 45 of the Air Force Regulations the following regulation is inserted:—

Termination and re-appointment of certain officers.

“45A.—(1.) The Governor-General may terminate the appointment of an officer of the Women’s Royal Australian Air Force who—

(a) is, at the date of commencement of this regulation, serving under a short service commission or under an extension of such a commission; and

(b) makes, within four months after that date or before the termination of her appointment or the end of the period for which her commission has been extended, whichever first occurs, application for the termination of her appointment and for re-appointment under this regulation.

* Notified in the Commonwealth Gazette on 4th December, 1959,

† Statutory Rules 1927, No. 161, as amended by Statutory Rules 1928, Nos. 52 and 109; 1929, Nos. 75 and 114; 1930, Nos. 77, 94 and 135; 1931, Nos. 3, 78 and 115; 1932, Nos. 9, 63 and 133; 1933, Nos. 16, 46, 58, 82, 89 and 117; 1934, Nos. 25, 51, 74, 81, 122 and 125; 1935, Nos. 32 and 98; 1936, No. 17; 1937, No. 21; 1938, Nos. 12, 13, 22, 48, 77, 97 and 120; 1939, Nos. 21, 64 and 142; 1940, Nos. 31, 53, 75, 114, 125, 140, 220, 241 and 279; 1941, Nos. 68, 106, 137, 181, and 228; 1942, Nos. 29, 158, 232, 254, 346, 383, 416, 440, 441, 476 and 543; 1948, Nos. 119 and 198; 1944, Nos. 34, 50, 64, 75, 146 and 153; 1945, Nos. 49, 79, 95, 105, 196 and 201; 1946, Nos. 40, 111, 145 and 162; 1947, No. 22; 1948, Nos. 34, 51, 67, 86 and 152; 1949, Nos. 82, 86 and 115; 1950, No. 66; 1952, Nos. 14, 34, 49 and 86; 1954, Nos. 30 and 132; 1955, Nos. 36, 41 and 92; 1956, Nos. 19 and 43; and 1958, No. 62.

8929/59.—PRICE 3D. 14/23.11.1959.


“(2.) The Governor-General shall immediately re-appoint an officer whose appointment has been terminated under the last preceding sub-regulation with the rank held by her immediately before the termination and shall issue to the officer a short service commission in the Permanent Air Force for a period of six years in the Active Force, followed by a period of at least five years in the Reserve.

“(3.) An officer re-appointed under this regulation shall have the same seniority as that held by her under the appointment that is terminated under this regulation.”.

Retiring age.

4.—(1.) Regulation 88 of the Air Force Regulations is amended by omitting the table in sub-regulation (1.) and inserting in its stead the following table:—

Substantive Rank or Class.

General Duties Branch.

Other Branches.

Air Marshal...................................

60

..

Air Vice-Marshal................................

57

60

Air Commodore................................

55

58

Principal Air Chaplain............................

..

58

Group Captain..................................

55

57

Chaplain First Class..............................

..

57

Group Officer..................................

..

55

Wing Commander...............................

50

55

Chaplain Second Class............................

..

55

Wing Officer..................................

..

55

Squadron Leader................................

47

55

Chaplain Third Class.............................

..

55

Squadron Officer................................

..

50

Flight Lieutenant................................

45

55

Chaplain Fourth Class.............................

..

55

Flight Officer..................................

..

50

Section Officer.................................

..

50

 

(2.) The amendment made by the last preceding sub-regulation does not apply to, and shall be deemed not to have applied to, an officer—

(a) who has, at the commencement of this regulation, attained an age that is three years less than the age for the compulsory retirement of the officer specified in relation to his rank and branch in sub-regulation (1.) of regulation 88 of the Air Force Regulations as in force immediately before the commencement of this regulation; or

(b) whose age for retirement has, under sub-regulation (2.) of regulation 88 of the Air Force Regulations as so in force, been extended for a period that has not, at the date of commencement of this regulation, expired,

and who elects, by writing under his hand delivered to the Air Board before the prescribed day, that his age for compulsory retirement shall not be affected by that amendment.

(3.) For the purposes of the last preceding sub-regulation, the prescribed day is—

(a) the day that is four months after the date of commencement of this regulation; or


(b) the day on which—

 (i) in the case of an officer referred to in paragraph (a) of the last preceding sub-regulation—the officer attains the age for his compulsory retirement specified in sub-regulation (1.) of regulation 88 of the Air Force Regulations as in force immediately before the commencement of this regulation; or

(ii) in the case of an officer referred to in paragraph (b) of the last preceding sub-regulation—the period for which his age for compulsory retirement has been extended under sub-regulation (2.) of regulation 88 of the Air Force Regulations as so in force ends,

whichever first occurs.

Re-engagement of airmen.

5. Regulation 106 of the Air Force Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulations:—

“(2.) The engagement or re-engagement of an airwoman who—

(a) is, at the date of commencement of this sub-regulation, serving under an engagement for a period of four years or under a re-engagement for a period of four years or two years;

(b) is medically fit; and

(c) applies, within four months after the date of commencement of this sub-regulation or before the end of the period of her engagement or re-engagement, whichever first occurs, for the cancellation of her engagement or re-engagement and for re-engagement under this regulation,

shall be cancelled, and the airwoman shall be re-engaged for a period of six years.

“(3.) The next succeeding regulation applies to and in relation to an airwoman to whom this regulation applies in the same manner as it applies to an airman accepted for re-engagement under sub-regulation (1.) of this regulation.”.

Retiring age for airmen and airwomen.

6. Regulation 118 of the Air Force Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “an airman” and inserting in their stead the words “a member other than an officer or an airwoman”; and

(b) by inserting after sub-regulation (1.) the following sub-regulation:—

(1A.) The age for compulsory retirement of an airwoman shall be fifty years.”.

By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.

Overview

The Air Force Regulations, 1959, were enacted under the authority of the Governor-General, acting on the advice of the Federal Executive Council, and serve to amend the existing Air Force Regulations established under the Air Force Act 1923-1956. These regulations address several issues related to the terms of service, promotion, and retirement of officers and enlisted personnel within the Australian Air Force. The primary objective is to provide flexibility in the duration of service for certain officers and to establish more consistent retirement ages for all ranks, ensuring that the Air Force can maintain an effective and experienced workforce while also addressing gender-specific provisions within the service. The regulations provide a structured framework for the appointment, promotion, and termination of officers, as well as the re-engagement of airmen and airwomen. By amending the retiring ages and re-engagement terms, the legislation aims to enhance the operational efficiency and morale of the Air Force personnel by providing clearer career progression pathways and retirement benefits. These amendments reflect a policy objective to modernise the service structure, ensuring it meets the contemporary demands of national defence and operational effectiveness.

Scope and Application

The Air Force Regulations 1959, made under the Air Force Act 1923-1956, apply to officers and members of the Royal Australian Air Force, including both substantive and short service commissioned officers as well as non-commissioned members such as airmen and airwomen. These regulations have a national jurisdictional reach as they are made under Commonwealth legislation. The regulations amend the Air Force Regulations in several key areas, such as the power to appoint and promote officers, the retirement age of officers, and the re-engagement of airmen and airwomen. For instance, the retirement age for certain officers has been amended, with specific provisions for those who are within three years of their retirement age or whose retirement age has been extended. Similarly, the re-engagement period for airmen and airwomen has been increased from four years to six years under certain conditions. These amendments extend the application of the original regulations by modifying specific provisions to better suit the needs of the Air Force.

Key Provisions

The Regulations under the Air Force Act 1923-1956 introduce several key changes to the Air Force Regulations, which are set to come into operation on December 14, 1959. Section 2 of the Regulations modifies the criteria for the appointment and promotion of officers by removing the fixed duration of service and replacing it with more flexible terms of eight, six, or four years. This allows for a more adaptable approach to officer appointments and promotions based on individual circumstances and needs. Section 45A of the Regulations introduces provisions for the termination and re-appointment of certain officers, specifically those in the Women's Royal Australian Air Force who are serving under a short service commission or an extension of such a commission. If these officers apply for termination of their appointment and for re-appointment within four months of the commencement of these Regulations or before the termination of their appointment or the end of the period for which their commission has been extended, the Governor-General may terminate their appointment and re-appoint them with the same rank and seniority, issuing a short service commission in the Permanent Air Force for a period of six years in the Active Force, followed by a period of at least five years in the Reserve. Section 4 of the Regulations revises the retiring age for officers in various ranks and branches, with the new retiring age for Air Marshal set at 60, Air Vice-Marshal at 57, and Air Commodore at 55, among others. These changes do not apply to officers who have already attained an age three years less than the compulsory retirement age or whose retirement age has been extended, provided they make an election in writing before the prescribed day. Section 5 of the Regulations pertains to the re-engagement of airmen and airwomen. Airmen who are serving under an engagement or re-engagement for a period of four years and meet certain conditions may have their engagement or re-engagement cancelled and be re-engaged for a period of six years. This provision applies similarly to airwomen. Section 6 of the Regulations sets the compulsory retirement age for airwomen at 50 years, aligning it with the retirement age for airmen. This change affects the terms of service for non-commissioned members of the Air Force, ensuring consistency in retirement policies. The Regulations impose obligations on the parties they govern, including officers, airmen, and airwomen, to comply with the new provisions regarding appointment, promotion, termination, and re-engagement. Failure to adhere to these requirements may result in consequences as outlined in the primary Act and its associated regulations. The specific offences, penalties, or consequences for breach are not detailed in these Regulations but would be governed by the overarching Air Force Act 1923-1956 and any relevant legal frameworks in place at the time.

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