STATUTORY RULES.
1925. No. 208.
REGULATION UNDER THE AIR FORCE ACT 1923 AND THE DEFENCE ACT 1903-1918.
I, THE GOVERNOR GENERAL in and over the Commonwealth of Australia, acting, with the advice of the Federal Executive Council, hereby make the following Regulation under the Air Force Act 1923 and the Defence Act 1903-1918, to come into operation forthwith:—
Dated this second day of December, 1925.
STONEHAVEN,
Governor-General.
By His Excellency’s Command,
NEVILLE HOWSE,
Minister of State for Defence,
Amendment.
Air Force Regulations 1922.
After Regulation 20 of the Air Force Regulations 1922 the following regulation is added:—
Service of persons trained as pilots in the Royal Australian Air Force.
21. “Notwithstanding anything contained in the Defence Act 1903-1918 persons accepted for training as pilots in the Royal Australian Air Force shall be liable to serve on completion of that training, for a period of at least eight years in the Royal Australian Air Force of which not less than four years shall be in the reserve.”
Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.
C.17552.—Price 3d.
Overview
The Statutory Rules 1925 No. 208, made under the authority of the Air Force Act 1923 and the Defence Act 1903-1918, address the need to formalise the service obligations of pilots trained in the Royal Australian Air Force. Enacted by the Governor-General in Council, the regulation specifies that individuals accepted for pilot training in the Royal Australian Air Force are to serve a minimum of eight years upon completion of their training, with at least four years of that period to be in the reserve. This legislative instrument aims to ensure a consistent and reliable pool of trained pilots for the defence of Australia by legally binding those who receive specialised training to serve a defined period in the military. The policy objective is to secure the country's air defence by maintaining a committed cadre of skilled pilots within the Air Force.
Scope and Application
The Air Force Regulations 1922, as amended by Statutory Rules 1925, No. 208, applies specifically to individuals who have been accepted for training as pilots in the Royal Australian Air Force. This legislation mandates that upon completion of their training, these individuals must serve a minimum of eight years in the Royal Australian Air Force, with at least four of those years to be in the reserve. The regulation is made under the authority of the Air Force Act 1923 and the Defence Act 1903-1918 and applies to the Commonwealth of Australia. The geographic reach of this Act encompasses the entire nation, as it is a Commonwealth regulation. The regulation does not explicitly state any exclusions, exemptions, or thresholds beyond the requirements for service outlined within the legislation itself. Furthermore, the application of this Act may be extended or restricted through subordinate instruments, which can provide additional detail or modifications to the initial regulation.
Key Provisions
The primary operative sections of this regulation are introduced in Regulation 21, which stipulates the terms of service for individuals accepted for pilot training in the Royal Australian Air Force (RAAF). According to section 21(1), individuals who are accepted for training as pilots in the RAAF must serve a minimum of eight years in the force upon completion of their training. This requirement supersedes any conflicting provisions in the Defence Act 1903-1918. Moreover, section 21(2) specifies that of these eight years, at least four must be in the reserve component of the RAAF. These provisions clearly delineate the length and nature of service expected from trained pilots.
The regulation imposes clear obligations and requirements on the individuals who undergo pilot training in the RAAF. Upon completion of their training, these individuals must commit to a minimum of eight years of service in the RAAF, with a mandatory four-year period in the reserve. This requirement is intended to ensure that the RAAF maintains a skilled and experienced reserve force, capable of being mobilised as necessary. The regulation applies to all individuals accepted for pilot training and overrides any other conflicting service obligations as per the Defence Act 1903-1918.
The regulation also outlines the consequences for failing to comply with these service obligations. Although the specific penalties are not detailed within the text of this statutory rule, it can be inferred that non-compliance could result in legal repercussions under the Defence Act 1903-1918 or other applicable military laws. Typically, breaches of military service obligations could lead to administrative penalties, discharge from service, or other disciplinary actions as deemed appropriate by the military authorities. The maximum penalties for such breaches, if specified under other acts, could include fines and imprisonment, depending on the severity of the non-compliance and the discretion of the military tribunal.