Air Force Regulations (Amendment)

Administered by Department of Defence

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STATUTORY RULES.

1946. No. 145.

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REGULATIONS UNDER THE AIR FORCE ACT 1923-1941.*

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 1923-1941.

Dated this ninth day of October, 1946.

HENRY

Governor-General.

By His Royal Highness’s Command,

ARTHUR S. DRAKEFORD

Minister of State for Air.

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Amendments of the Air Force Regulations.†

Change of Commission.

1. Regulation 47 of the Air Force Regulations is amended by adding at the end thereof the words “upon such terms as to rank and seniority and subject to such conditions as the Governor-General, upon the recommendation of the Air Board, directs or determines”.

Ranks.

2. Regulation 50 of the Air Force Regulations, is amended by inserting in sub-regulation (3.), after the words “subject to regulations”, the figures “47,”.

Deferred pay—conditions of issue.

3. Regulation 549 of the Air Force Regulations is amended by inserting, after sub-regulation (3.), the following sub-regulation:—

“(3a.) Notwithstanding anything contained in the last preceding sub-regulation, where a commissioned warrant officer of the Permanent Air Force became liable on and after the second day of November, 1942, to contribute for units of pension under Part IVa. of the Superannuation Act 1922-1945 and the rate of the contributions in respect of those units is such that, in the opinion of the Minister, the officer suffers hardship by reason of that liability, the Minister may

* Notified In the Commonwealth Gazette on 10th October, 1946.

 †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, 40, 58, 82, 89 and 117; 1934, Nos. 20, 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; 1943, Nos. 119 and 198; 1944, Nos. 34, 50, 64, 75, 146 and 153; 1945, Nos. 49, 79, 95, 105, 196, and 201 : and 1946, Nos. 40 and 111.—Eighty-first amendment.

5286.—Price 3d.

approve of payment, prior to the termination of the officer’s appointment in the Air Force, to the officer, or, with the consent of the officer, to the Superannuation Board on his behalf, of the whole of the deferred pay which accrued under these Regulations to the credit of the officer’s account in respect of his service as a commissioned warrant officer of the Permanent Air Force prior to the second day of November, 1942, or of such portion of that deferred pay as the Minister considers necessary to alleviate the hardship in the circumstances of any particular case.”.

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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Air Force Regulations 1946, made under the Air Force Act 1923-1941, were introduced to address gaps in the regulation of the Australian Air Force, particularly in relation to the administration of commissions, ranks, and deferred pay for commissioned warrant officers. Enacted by the Governor-General in Council, these regulations sought to provide clearer guidelines and conditions for the terms of commissions and the deferral of pay for commissioned warrant officers. The policy objective was to ensure that the administration of the Air Force was conducted in a manner that reflected the recommendations of the Air Board and the advice of the Minister, thereby maintaining the efficiency and effectiveness of the Air Force. The amendments aimed to provide flexibility in the conditions of commissions, clarify ranks, and offer relief to commissioned warrant officers who faced financial hardship due to their superannuation liabilities.

Scope and Application

The Air Force Regulations 1946 under the Air Force Act 1923-1941 apply to individuals and entities within the Australian Defence Force, specifically the Royal Australian Air Force. These regulations govern the terms and conditions of service, rank, seniority, and deferred pay for commissioned officers, including commissioned warrant officers, within the Permanent Air Force. The jurisdiction of these regulations is Commonwealth-wide, aligning with the overarching federal authority of the Australian Defence Force. While the regulations broadly cover the stipulated aspects of military service, there are specific conditions and exceptions, such as the Minister's discretion in approving deferred pay to alleviate hardship for commissioned warrant officers. The application of these regulations is further extended and clarified through subordinate instruments, which provide detailed operational guidelines and procedural steps for the implementation of the statutory provisions.

Key Provisions

The key provisions of these Regulations amend the Air Force Regulations by introducing new terms for changes of commission, adjustments to ranks, and conditions for the issuance of deferred pay. Firstly, Regulation 47 has been amended to include terms for rank and seniority and conditions as directed by the Governor-General based on the Air Board's recommendation (sub-regulation 47). Secondly, Regulation 50 has been amended to insert the number "47" after "subject to regulations" in sub-regulation (3) (sub-regulation 50(3)). Thirdly, Regulation 549 has been amended to add a new sub-regulation (3a), which allows the Minister to approve the payment of deferred pay to a commissioned warrant officer of the Permanent Air Force who has become liable for pension contributions under the Superannuation Act 1922-1945, if it is determined that the officer is suffering hardship due to these contributions (sub-regulation 549(3a)). These Regulations impose obligations on various parties. The Governor-General is required to direct terms for changes of commission and conditions for rank and seniority based on the Air Board's recommendations. The Minister must consider whether an officer is suffering hardship due to pension contributions and make a determination on whether to approve the payment of deferred pay. The commissioned warrant officer must be liable for pension contributions and may need to provide consent for the payment of deferred pay to the Superannuation Board. The Regulations do not explicitly outline offences, penalties, or consequences for breaches. However, non-compliance with these provisions could potentially result in administrative penalties or legal actions under the broader Air Force Act 1923-1941 or other relevant legislation. The specific consequences would depend on the nature and severity of the breach and would need to be assessed in the context of the applicable laws.

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