STATUTORY RULES
1970 No. 2
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 fifteenth day of January, 1970.
Paul Hasluck
Governor-General.
By His Excellency's Command,
Minister of State for Air.
Amendments of the Air Force Regulations†
Application of King's Regulations and Air Council Instructions.
1. Regulation 13b of the Air Force Regulations is amended by omitting the word and figures " paragraph 1230 " and inserting in their stead the words and figures " paragraphs 1230, 1280 and 1281 ".
Execution of sentence of imprisonment or detention.
2. Regulation 421 of the Air Force Regulations is amended by inserting after sub-regulation (6.) the following sub-regulation:—
" (6a.) A warrant shall not be issued by a competent air-force authority for the commitment of an airman apprentice under sentence of detention to a place of detention otherwise than at the airman apprentice's unit or base.".
Third Schedule.
3.—(1.) The Third Schedule to the Air Force Regulations is amended by inserting in the table headed " (i) Modifications.", after item (aa), the following item:—
“(aaa) | 6 | Omit from paragraph (a) all the words from and including the words 'when the airman sentenced' to the end of the paragraph and insert in their stead the words 'of the award.';". |
(2.) The amendment of the Third Schedule to the Air Force Regulations effected by the last preceding sub-regulation does not apply to or in relation to a term of detention awarded by a Commanding Officer before the commencement of these Regulations.
Fourth Schedule.
4. The Fourth Schedule to the Air Force Regulations is amended—
(a) by omitting the third paragraph in the fourth column of the table headed " (i) Modifications." opposite to the figures " XV./IV./1138 " and inserting in its stead the following paragraph:—
" Add at the end of sub-clause (a) of clause 2 the following words:—
' Where a C.O. is dealing with an offence under a section of the Defence Act, or an offence committed by an airman apprentice, he shall not award detention for a period exceeding 168 hours.'."; and
*Notified in the Commonwealth Gazette on 1970
† Statutory Rules 1927, No. 161 as amended to date. For previous amendments of the Air Force Regulations, see footnote † to Statutory Rules 1969, No. 3, and see also Statutory Rules 1969, Nos. 3, 116, 117, 148 and
25911/69—Price 5c 10/15.12.69
(b) by omitting the first paragraph in the fourth column of that table opposite to the figures " XV./IV./1147 " and inserting in its stead the following paragraph:—
" Omit sub-clause (c) of clause 5 and insert in its stead the following sub-clause:—
' (c) will, if awarded in hours, begin at the hour of the award.'.".
Printed for the Government of the Commonwealth by W. G. Murray at the
Government Printing Office, Canberra
Overview
The Statutory Rules 1970 No. 2, enacted by the Governor-General in Council, amends the Air Force Regulations under the Air Force Act 1923-1965. The legislative instrument seeks to address gaps in the existing regulations concerning the modification of certain sentences and the execution of imprisonment or detention for air force personnel. By amending specific sub-regulations and schedules, the legislation ensures that the punishment for airman apprentices adheres to updated standards and that detention sentences are executed in line with new directives. This amendment is an effort to harmonise the regulatory framework with contemporary practices within the air force.
These regulations were made with the intent to refine the application of certain provisions in the Air Force Regulations, particularly those concerning the administration of detention sentences and the enforcement of these sentences at designated locations. The amendments aim to provide clarity and ensure that the punishments are consistent with the current legal and operational standards of the air force. The Governor-General, acting on the advice of the Federal Executive Council, authorised these changes to maintain the effectiveness and fairness of disciplinary measures within the Australian air force.
Scope and Application
These regulations, made under the Air Force Act 1923-1965, apply specifically to the administration and enforcement of rules within the Australian Air Force, including airmen apprentices and officers. The amendments and modifications outlined in these regulations affect the execution of sentences, particularly those involving imprisonment or detention, and the application of certain instructions and regulations. For instance, the regulations mandate that an airman apprentice sentenced to detention must serve their sentence at their unit or base unless otherwise specified, and limit the duration of detention awarded by a Commanding Officer to a maximum of 168 hours. These rules are applicable nationally, as they pertain to the federal jurisdiction of the Australian Air Force. There are no explicit exclusions or exemptions mentioned in the text, though the amendments do specify conditions under which certain provisions do not apply, such as terms of detention awarded before the commencement of these regulations. The scope of these regulations is further defined and potentially expanded through subordinate instruments, which may include additional rules or clarifications to ensure the smooth operation of the Air Force's disciplinary procedures.
Key Provisions
The Statutory Rules 1970 No. 2, which amends the Air Force Regulations under the Air Force Act 1923-1965, introduces several key changes. Firstly, Regulation 13b is amended by updating the referenced paragraphs from "paragraph 1230" to "paragraphs 1230, 1280, and 1281" (section 1). This change likely pertains to the enforcement and application of certain regulations within the Air Force, ensuring that they are aligned with the current legal framework. Secondly, Regulation 421 is amended to include a new sub-regulation (6a), stipulating that a warrant for the commitment of an airman apprentice under a sentence of detention must be issued to detain the airman at their unit or base, rather than any other place (section 2). This amendment aims to maintain the proximity and oversight of the airman apprentice during their detention.
These amendments impose specific obligations on air force authorities and Commanding Officers. Air force authorities are now required to ensure that any warrant for the detention of an airman apprentice specifies the airman's unit or base as the place of detention. Commanding Officers must adhere to the new limitation on the duration of detention awards, ensuring that no term of detention exceeds 168 hours, particularly in cases involving offences under the Defence Act or by airman apprentices (section 4). These obligations are designed to standardise the handling of detention within the Air Force, ensuring consistency and fairness in the application of detention sentences.
Breaches of these amended regulations could result in various consequences. While the specific penalties are not detailed within the statutory rules, the Air Force Act 1923-1965 and associated legislation typically provide for both civil and criminal penalties for non-compliance. Such penalties may include fines, imprisonment, or other disciplinary actions, depending on the severity and nature of the breach. The precise penalties would be determined in accordance with the existing legal framework governing military offences and disciplinary procedures.