STATUTORY RULES.
1940. No. 75.
REGULATIONS UNDER THE AIR FORCE ACT 1923–1939.*
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 1923–1939.
Dated this first day of May, 1940.
GOWRIE
Governor-General.
By His Excellency’s Command,
J. V. FAIRBAIRN
Minister of State for Air.
Amendments of the Air Force Regulations.†
Rates of pay of airmen of the Permanent Air Force.
Regulation 553 of the Air Force Regulations is amended—
(a) by inserting in sub-regulation (2.), after the words “acetylene welder,” the words “air crew,”;
(b) by inserting in sub-regulation (2.), after the word “photographer”, the words “, wireless operator—air gunner,”; and
(c) by inserting in sub-regulation (5.), after the words “aircraft hand,”, the words “air crew, air gunner,”.
* Notified in the Commonwealth Gazette on 2nd May, 1940.
† Statutory Rules 1927, No. 161, as amended by Statutory Rules 1928, Nos. 52 and 109; 1929, Nos. 73 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; and 1940, Nos. 31 and 53.—Forty-second amendment.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra
2602.—Price 3d.
Overview
The Statutory Rules 1940 No. 75, enacted under the Air Force Act 1923–1939, represents an amendment to the Air Force Regulations aimed at updating the rates of pay for various roles within the Permanent Air Force. This legislative instrument was introduced to address the need for recognising and compensating specific roles in the Air Force, which were critical to the operational effectiveness of the service. The enacting body responsible for these regulations is the Governor-General in Council, acting on advice from the Minister of State for Air. The overarching policy objective is to ensure that personnel in key roles, such as air crew and air gunners, receive appropriate remuneration for their duties.
Scope and Application
The Statutory Rules 1940, No. 75, made under the Air Force Act 1923–1939, detail amendments to the Air Force Regulations, specifically concerning the rates of pay for various roles within the Permanent Air Force. These amendments are directed towards adjusting the pay scales for specific positions, including the inclusion of air crew, wireless operators, and air gunners, into the existing pay structure previously limited to roles such as acetylene welders, photographers, and aircraft hands. The regulations apply to members of the Permanent Air Force, ensuring that these personnel receive appropriate remuneration for their roles. Geographically, the regulations apply across the Commonwealth of Australia, as they are federal regulations made under an Act of the Commonwealth Parliament. No specific exclusions or exemptions are outlined within this legislative instrument, and the application of these amendments is direct, without the need for further extension or restriction through subordinate instruments.
Key Provisions
The main operative sections of these Regulations, particularly Regulation 553, introduce amendments to the Air Force Regulations, specifically concerning the rates of pay for airmen of the Permanent Air Force. Regulation 553(2) is amended by adding new roles to the list of positions eligible for specific pay rates, including 'air crew' and 'wireless operator—air gunner'. Furthermore, Regulation 553(5) is amended by including 'air crew' and 'air gunner' in the list of roles. These amendments aim to ensure that personnel in these newly defined categories receive appropriate remuneration as per the updated regulations.
The obligations imposed by these Regulations are primarily administrative and financial in nature. The Air Force Administration must ensure that all airmen classified under the newly added categories receive their pay in accordance with the specified rates. This includes updating payroll systems, ensuring that all new roles are accurately reflected in financial records, and providing appropriate documentation to affected personnel. The Department of Defence, through its administrative arm, must also oversee the implementation of these changes to maintain compliance with the updated regulations.
Failure to comply with these Regulations could result in administrative and financial penalties. While the specific penalties are not detailed in the provided text, breaches of regulations under the Air Force Act 1923–1939 generally attract penalties that may include fines or other administrative sanctions. The exact nature and extent of these penalties would depend on the specific breach and the discretion of the authorities responsible for enforcing the Act. Personnel found to be improperly classified or paid could face disciplinary action, and financial irregularities could lead to audits and potential criminal charges if fraudulent activities are uncovered.