STATUTORY RULES.
1965. No. 36.
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REGULATIONS UNDER THE AIR FORCE ACT 1923-1964.*
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 1923-1964.
Dated this twenty-fifth day of March, 1965.
DE L’ISLE.
Governor-General.
By His Excellency’s Command,
Minister of State for Air.
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Air Force (Special Promotion) Regulations.
Proration to rank of Air Chief Marshal.
1.—(1.) The Governor-Genera] may, notwithstanding anything contained in the Air Force Regulations, promote to the rank of Air Chief Marshal an officer of the Permanent Air Force—
(a) who on the date of commencement of these Regulations, holds the rank of Air Marshal; and
(b) whose age for compulsory retirement has, before that date, been extended for a period under sub-regulation (2.) of regulation 88 of the Air Force Regulations.
(2.) An officer who has been promoted under the last preceding sub-regulation—
(a) continues to hold his appointment in the Permanent Air Force until the expiration of the period referred to in paragraph (b) of the last preceding sub-regulation or until such earlier time as the Governor-General directs; and
(b) shall be retired from the Permanent Air Force on the day on which he ceases to hold his appointment in that Force.
References in Air Force Regulations to Air Marshal to extend to Air Chief Marshal.
2. A reference in the Air Force Regulations, other than in regulation 50, to Air Marshal shall be read as including a reference to Air Chief Marshal.
* Notified in the Commonwealth Gazette on 25 March, 1965.
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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.
2937/65.—Price 6d. 9/11.3.1965.
Overview
The Air Force (Special Promotion) Regulations 1965 were enacted to address the need for special promotions within the Australian Air Force, particularly concerning the rank of Air Chief Marshal. These regulations were made under the authority of the Air Force Act 1923-1964 by the Governor-General in Council, and they provide specific provisions allowing certain officers to be promoted to the rank of Air Chief Marshal under particular circumstances. The primary policy objective of these regulations is to enable the Governor-General to make special promotions to the rank of Air Chief Marshal for officers who meet certain criteria, thereby recognising and rewarding distinguished service. These regulations also ensure that references to Air Marshal in existing Air Force Regulations are interpreted to include Air Chief Marshal, aligning the nomenclature and ensuring consistency in the application of the law.
Scope and Application
The Air Force (Special Promotion) Regulations 1965, made under the Air Force Act 1923-1964, provide a mechanism for the Governor-General to promote eligible officers in the Permanent Air Force to the rank of Air Chief Marshal. Specifically, the regulations apply to officers who, on the commencement date of the regulations, hold the rank of Air Marshal and whose age for compulsory retirement has been extended under certain conditions specified in the Air Force Regulations. These officers can be promoted to Air Chief Marshal and continue their service until the expiration of the previously extended period of their compulsory retirement or until the Governor-General directs otherwise. Additionally, references in the Air Force Regulations to the rank of Air Marshal are extended to include Air Chief Marshal, thereby integrating the new rank into the existing regulatory framework. These regulations have a specific and limited application within the Australian Defence Force, focusing on the promotion of eligible officers within the Permanent Air Force, without extending to other ranks or services.
Key Provisions
The main operative sections of these Regulations under the Air Force Act 1923-1964 allow for the promotion of certain officers within the Permanent Air Force to the rank of Air Chief Marshal (section 1). Specifically, the Governor-General can promote an officer to this rank if they hold the rank of Air Marshal on the date of the commencement of these Regulations and their age for compulsory retirement has been extended under the existing regulations (section 1(1)). Furthermore, section 2 clarifies that references to Air Marshal in the Air Force Regulations should also include Air Chief Marshal, except in regulation 50.
These Regulations impose several obligations on the parties involved. Firstly, they mandate that the Governor-General has the authority to promote eligible officers to the rank of Air Chief Marshal under specific conditions (section 1). Additionally, officers who are promoted under these Regulations must continue to serve in the Permanent Air Force until the end of the extended period of their compulsory retirement or until the Governor-General directs otherwise (section 1(2)(a)). These officers will then be retired from the Permanent Air Force upon ceasing their appointment (section 1(2)(b)).
There are no explicit offences, penalties, or consequences for breach mentioned within these Regulations. However, any actions taken outside the scope of these provisions could potentially be subject to the broader disciplinary and legal frameworks established under the Air Force Act 1923-1964 and other relevant legislation. The Regulations focus primarily on clarifying the process and conditions for special promotions rather than outlining penalties for non-compliance.