STATUTORY RULES
1966 No. 150
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REGULATIONS UNDER THE AIR FORCE ACT 1923-1965.*
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 1923-1965.
Dated this twenty-sixth day of October, 1966.
CASEY
Governor-General.
By His Excellency’s Command,
(Sgd) PETER HOWSON
Minister of State for Air.
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Amendments of the Air Force Regulations†
Retiring ages for officers.
1. Regulation 88 of the Air Force Regulations is amended—
(a) by inserting in sub-regulation (1.), after the word “than”, the words “a member holding the appointment of Principal Air Chaplain or”; and
(b) by omitting from the table in that sub-regulation the words and figures—
“Principal Air Chaplain......... | ––– | 58”. |
2. After regulation 88 of the Air Force Regulations the following regulation is inserted:—
Retirement of Principal Air Chaplain.
“88a.—(1.) The age for compulsory retirement of a member holding the appointment of Principal Air Chaplain is 65 years.
“(2.) Notwithstanding the last preceding sub-regulation, a member of the Permanent Air Force who holds the appointment of Principal Air Chaplain is not entitled to continue to serve in the Permanent Air Force after the day on which he attains the age of 58 years or, if the Governor-General has, under the next succeeding sub-regulation, extended his period of service in the Permanent Air Force for a period after he attains that age, after the day on which that extended period expires, whichever is the later day.
“(3.) The Governor-General may, in a special case, extend the period of service in the Permanent Air Force of a member of that force holding the appointment of Principal Air Chaplain for a period, not exceeding 2 years, after he attains the age of 58 years.”.
* Notified in the Commonwealth Gazette on , 1966
† Statutory Rules 1927, No. 161, as amended to date. For previous amendments of the Air Force Regulation, see footnote † to Statutory Rules 1966, No. 4, and see also Statutory Rules 1966, Nos. 4 and 30.
4294/66.—Price 5c (6d.) 14/17.10.1966.
Application.
3. Upon the commencement of these Regulations, a member of the Air Force Reserve who attained the age for his compulsory retirement after the first day of March, 1966, and before the commencement of these Regulations and held the appointment of Principal Air Chaplain immediately before attaining that age shall, by force of this regulation, be deemed to be, and from and including that date to and including the day immediately before the commencement of these Regulations, to have continued to be, for all purposes, a member of that Reserve and to hold, and so to have held, the appointment of Principal Air Chaplain as if the amendments of the Air Force Regulations effected by these Regulations had come into force on the first day of March, 1966.
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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra
Overview
The Statutory Rules 1966 No. 150, titled "Regulations Under the Air Force Act 1923-1965", was enacted to address the need for amending the retiring ages for officers, specifically the Principal Air Chaplain, within the Australian Defence Force. This legislative instrument was issued under the authority of the Air Force Act 1923-1965 by the Governor-General, acting on the advice of the Federal Executive Council. The primary policy objective was to update the compulsory retirement age for the Principal Air Chaplain, ensuring alignment with the roles and responsibilities of other senior officers in the Air Force. The regulation introduced a compulsory retirement age of 65 for the Principal Air Chaplain while also allowing for an extension of service under special circumstances, up to a maximum of two years past the age of 58.
Scope and Application
The Statutory Rules 1966 No. 150, made under the Air Force Act 1923-1965, pertain specifically to the Air Force Regulations and address the retiring ages for officers, with a particular focus on the role of the Principal Air Chaplain. These regulations apply to members of the Air Force who hold the appointment of Principal Air Chaplain, including both serving and reserve members. The amendments clarify that the compulsory retirement age for Principal Air Chaplains is set at 65 years, while permanent members of the Air Force who hold this appointment are not entitled to continue serving past the age of 58, unless their service is extended by the Governor-General for up to two years. The regulations also provide for the retrospective application of these changes to members of the Air Force Reserve who were in this appointment and had reached the retirement age prior to the commencement of these regulations. These rules have a national reach, applying across the Commonwealth of Australia as they are legislated under federal authority.
Key Provisions
The legislative instrument in question, Statutory Rules 1966 No. 150, is a set of regulations made under the Air Force Act 1923-1965. These regulations primarily address the retiring ages for officers in the Australian Air Force, with a specific focus on the role of the Principal Air Chaplain. Regulation 88 of the Air Force Regulations has been amended to include the Principal Air Chaplain in the sub-regulation concerning retiring ages, previously excluding this role (Regulation 88(1)(a)). The regulation previously stating that the Principal Air Chaplain must retire at the age of 58 has been removed (Regulation 88(1)(b)). Instead, a new regulation, 88a, sets the compulsory retirement age for Principal Air Chaplains at 65 years (Regulation 88a(1)). However, a member of the Permanent Air Force who holds the appointment of Principal Air Chaplain cannot continue to serve after the age of 58, unless the Governor-General extends their service for a period not exceeding two years (Regulation 88a(2) and (3)).
The regulations impose specific obligations on the Air Force regarding the retirement age of the Principal Air Chaplain. They require the Air Force to adhere to the new retirement age of 65 for Principal Air Chaplains. For members of the Permanent Air Force, the regulations mandate that they must cease service at 58, unless an extension is granted by the Governor-General. The regulations also provide a mechanism for the Governor-General to extend the service of a Principal Air Chaplain for up to two years beyond the age of 58 in special cases (Regulation 88a(3)). These obligations are intended to ensure compliance with the statutory requirements regarding the retirement of Air Force personnel, particularly those in the role of Principal Air Chaplain.
Breaching these regulations could have significant consequences. The legislation does not explicitly state the penalties for non-compliance; however, under the Air Force Act 1923-1965, there are provisions for disciplinary action against Air Force personnel for failing to adhere to service regulations. Such breaches could potentially lead to administrative actions, including the possibility of legal proceedings under the Air Force Act, which may include fines or other sanctions as deemed appropriate by the relevant authorities. The exact penalties would be determined based on the specific nature and severity of the breach.