STATUTORY RULES.
1942. No. 346.
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REGULATION 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 Regulation under the Air Force Act 1923-1941.
Dated this fourth day of August, 1942.
GOWRIE
Governor-General.
By His Excellency’s Command,
ARTHUR S. DRAKEFORD
Minister of State for Air.
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Amendment of the Air Force RegulationS.†
Modifications, &c, of King’s Regulations and Air Council Instructions.
The Fourth Schedule to the Air Force Regulations is amended by inserting in Table (i) Modifications, after the figures “XVI. | I. | 1230” and the words and figures in the fourth column opposite thereto, the following words and figures:—
“XVI. | I. | 1233 | Omit from clause 2 the words ‘offender’s unit, and, before forwarding the application, that officer’ and insert in their stead the words ‘station to which the accused belongs and not by the unit commander, unless the latter is also in command of the station or the Air Board has excepted the station from the application of paragraph 1138, clause 6, and granted the unit commander the full disciplinary powers of a C.O. Before forwarding the application, the signing officer’”. |
* Notified in the Commonwealth Gazette on 6th August, 1942.
† 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, 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; 1940, Nos. 31, 53, 75, 114, 125, 140, 220, 241 and 279; 1941, Nos. 68, 106, 137, 181 and 228; and 1942, Nos. 29, 158, 232 and 254.—Fifty-eighth amendment.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
4008.—Price 3d.
Overview
The Statutory Rules of 1942 No. 346, made under the Air Force Act 1923-1941, represent an amendment to the Air Force Regulations. Enacted by the Governor-General in accordance with the advice of the Federal Executive Council, these regulations aim to modify existing rules and instructions to better align with the operational requirements of the Australian Air Force during a period of significant global conflict. The policy objective appears to be to refine the disciplinary procedures within the Air Force, ensuring that certain administrative processes are carried out by the appropriate authorities, thus maintaining order and efficiency within the ranks.
Scope and Application
The Air Force Regulations, as amended by the Statutory Rules of 1942, No. 346, apply to the personnel within the Australian Air Force, encompassing officers and other ranks. These regulations are designed to govern the conduct and administrative procedures within the Air Force, ensuring a structured approach to discipline and service conduct. The amendment modifies specific clauses within the existing Air Force Regulations, particularly focusing on disciplinary processes, and specifies the conditions under which disciplinary actions can be initiated and processed. The geographic reach of these regulations is limited to the Commonwealth of Australia, as they are enacted under the Air Force Act 1923-1941. The regulations do not explicitly state exclusions or exemptions but imply that certain procedural adjustments apply based on command structures and station command exceptions. The application of these regulations can be further refined through subordinate instruments, which may provide additional details or specific operational guidelines.
Key Provisions
The operative sections of these Regulations modify the existing Air Force Regulations by inserting new provisions into Table (i) of the Fourth Schedule. Specifically, section XVI.I.1233 of the Regulations amends clause 2 of the existing rules to change the procedure for forwarding applications regarding disciplinary actions. Under the amended clause, disciplinary applications must be forwarded by the station commander rather than the unit commander, unless the unit commander also holds the position of station commander or the Air Board has granted the unit commander full disciplinary powers equivalent to those of a station commander.
These Regulations impose obligations on station commanders and unit commanders within the Air Force to ensure that disciplinary applications are properly forwarded according to the amended procedures. If the unit commander is not also the station commander, the station commander must handle the forwarding of these applications. This ensures a clear chain of command and accountability in the disciplinary process.
Failure to comply with these Regulations can lead to administrative consequences. The specific offences, penalties, or consequences for non-compliance are not explicitly stated in the Regulations themselves. However, under the general provisions of the Air Force Act 1923-1941, breaches of regulations may result in disciplinary action against the officers involved, including potential fines or other penalties as determined by the Air Board. The exact penalties would be outlined in the Air Force Act or any relevant supplementary legislation.