Air Force Regulations (Amendment)

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Legislation au F1997B00567 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1955 No. 19.

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REGULATIONS UNDER THE AIR FORCE ACT 1932-1952.*

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 1932-1952.

Dated this twenty-eighth day of February, 1956.

W.J. Slim

Governor-General.

By His Excellency’s Command,

(Sgd.) ATHOL TOWNLEY

Minister of State for Air.

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Amendments of the Air Force Regulations.†

1. Regulations 73 and 74 of the Air Force Regulations are repealed and the following regulation is inserted in their stead:—

Resignation of officers.

“73.—(1.) An officer may, by writing under his hand, tender to the Air Board the resignation of his Commission.

“(2.) Where—

(a) an officer of the Air Training Corps;

(b) an officer on the Retired List; or

(c) an officer in the Reserve, being an officer who, having been enrolled under sub-regulation (2.) of regulation 455 in the Reserve on the termination of his period of service in the Active Force, has completed the period of service in the Reserve which is required of him under these Regulations,

tenders the resignation of his commission to the Air Board, the Air Board—

(d) may, if the resignation is tendered in time of war—

(i) recommend to the Governor-General the acceptance of the resignation; or

(ii) reject the tender of the resignation; or

(e) shall, if the resignation is tendered at any other time, forthwith recommend to the Governor-General the acceptance of the resignation.

 

* Notified in the Commonwealth Gazette on , 1956.

† Statutory Rules 1927, No. 161, as amended to date. For previous amendments of the Air Force Regulation, see footnote † to Statutory Rules 1955, No. 36, and see also Statutory Rules 1955, Nos. 41.

6319/55.—Price 3d. 15/19.12.1955.


“(3.) An officer, not being—

(a) an officer to whom the last preceding sub-regulation applies;

(b) an officer undergoing a course of training;

(c) an officer engaged in duties which, in the opinion of the Air Board, are of a special nature or involve overseas service; or

(d) an officer who has completed a course of training, a period of special duties or a period of overseas service but has not completed the period of service required of him by the Air Board by reason of his having undergone the course of training or his being engaged on the special duties or on overseas service,

may tender the resignation of his commission to the Air Board by giving three months’ notice and, upon receipt of the tender, the Air Board—

(e) may, if the resignation is tendered—

(i) in time of war; or

(ii) during a period declared by the Air Board to be a period in which the unrestricted acceptance of resignations tendered by officers of the branch in which that officer is included or by officers generally would prejudice the defence of the Commonwealth,

recommend to the Governor-General the acceptance of the resignation or may reject the tender of the resignation; or

(f) shall, if the resignation is tendered at any other time, recommend to the Governor-General the acceptance of the resignation.

“(4.) An officer specified in paragraph (b),(c) or (d) of the last preceding sub-regulation may, whether in time of war or otherwise, tender the resignation of his commission to the Air Board by giving three months’ notice and, upon receipt of the tender, the Air Board may—

(a) reject the tender of the resignation;

(b) recommend to the Governor-General that the resignation be accepted; or

(c) recommend to the Governor-General that the resignation be accepted subject to the payment by the officer of such sum as the Air Board determines to be a reasonable amount to be paid to the Commonwealth as reimbursement towards the whole or part of—

(i) the cost incurred by the Commonwealth in the training of the officer; or

(ii) the costs incurred by the Commonwealth in the transport, outside Australia in the period of four years immediately preceding the date of the tender of resignation, of the officer or his family,

as the case may be.

“(5.) A resignation of a commission is not effective—

(a) until the Governor-General has accepted the resignation; or

(b) whore the acceptance of a tender is made subject to the payment of a sum of money under the last preceding sub-regulation, until the payment of the sum of money.”.

Repeal of regulations 75 and 76.

2. Regulations 75 and 76 of the Air Force Regulations are repealed.

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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules of 1955 No. 19, enacted under the Air Force Act 1932-1952, aim to update the Air Force Regulations regarding the resignation of officers. This legislative instrument was made by the Governor-General in accordance with the Federal Executive Council, signifying its authority and intent to streamline the resignation process for officers within the Air Force. The policy objective behind these regulations is to provide clear and structured procedures for officers wishing to resign, ensuring that the Air Force can manage personnel transitions effectively, particularly in times of war or when national defence is a concern. This regulatory amendment serves to address potential gaps in the previous resignation protocols, providing a more defined framework for both officers and the Air Board in handling resignations.

Scope and Application

These Regulations, made under the Air Force Act 1932-1952, primarily govern the resignation process for officers within the Australian Air Force. The Regulations apply to officers who may choose to resign their commissions, with specific provisions addressing different categories of officers such as those in the Air Training Corps, on the Retired List, or in the Reserve. The scope of the Act extends to all officers who are members of the Air Force, whether they are serving in the Active Force, the Reserve, or the Air Training Corps. The Act's jurisdictional reach is limited to the Commonwealth of Australia, as it is a federal regulation. The Act does not explicitly mention any exclusions or exemptions but does differentiate between officers based on their circumstances and the timing of their resignation. Additionally, the Act allows for the extension or restriction of its application through subordinate instruments, which could include further regulations or orders made under the authority of the Air Force Act.

Key Provisions

The Air Force Regulations (1955) outline specific provisions regarding the resignation of officers within the Australian Air Force. According to Section 73(1), any officer can resign by submitting a written notice to the Air Board. However, the acceptance of this resignation is subject to various conditions. For officers in the Air Training Corps, on the Retired List, or in the Reserve who have fulfilled their service obligations, the Air Board is required to recommend the Governor-General to accept the resignation unless it is during wartime, in which case the Air Board may reject the resignation (Section 73(2)). Other officers must provide three months’ notice, and the Air Board can either accept or reject the resignation based on circumstances such as wartime or special duties (Section 73(3)). Officers who have completed training, special duties, or overseas service but have not met their service requirements can also resign with three months’ notice. In such cases, the Air Board may require the officer to reimburse the Commonwealth for training or transport costs before accepting the resignation (Section 73(4)). A resignation becomes effective only after the Governor-General accepts it or, if a financial condition is attached, upon payment of the required sum (Section 73(5)). The Regulations impose specific obligations on officers who wish to resign. These obligations include providing written notice to the Air Board, giving three months’ notice unless exempted, and potentially reimbursing the Commonwealth for certain costs. Furthermore, the Air Board has discretionary powers to accept or reject resignations based on the officer’s role, the timing of the resignation, and national security considerations. The Regulations also clarify that a resignation is not effective until formally accepted by the Governor-General or, in cases where financial conditions apply, until the required payment is made. Breach of these provisions can result in consequences as outlined in the Regulations. While the specific offences, penalties, or consequences are not explicitly detailed in the provided excerpt, it is implied that failure to adhere to the prescribed procedures for resignation could lead to disciplinary action or other administrative consequences. The effectiveness of a resignation hinges on compliance with these stipulated conditions, and any deviation might result in the rejection of the resignation or other punitive measures as deemed appropriate by the Air Board or the Governor-General.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.