Air Force (War Financial) Regulations (Amendment)

Legislation au C1944L00134 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1944. No. 134.

––––––

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 second day of September, 1944.

(SGD.) GOWRIE.

Governor-General.

By His’ Excellency’s Command,

Minister of State for Air.

 

Amendment of the Air Force (War Financial) Regulations.

Regulation 10 of the Air Force (War Financial) Regulations is repealed and the following regulation is inserted in its stead:—

Member serving with or in conjunction with the Royal Air Force.

“10.—(1.) During the period of a member’s service with or in conjunction with the Royal Air Force after the thirty-first day of July, 1943, under any agreement between the Government of the Commonwealth of Australia and the Government of the United Kingdom in relation to the Empire Air Training Scheme—

(a) he shall be paid the daily rate, of active pay payable in respect of his rank, and any pay allowances payable under these Regulations;

(b) he shall be credited with deferred pay in accordance with regulation 8 of these Regulations;

(c) any dependants allowances payable under these Regulations shall be paid to his dependants; and

(d) in addition to the pay and allowances specified in the preceding paragraphs of this sub-regulation, he may be permitted to receive—

(i) from the Government of the United Kingdom— colonial allowance, field allowance, special leave subsistence allowance, allowances in lieu of provision in kind, and travelling allowances at the rate and subject to the conditions for the time being provided in King’s Regulations and Air Council Instructions for unmarried members of the Royal Air Force; and

 

* Notified in the Commonwealth Gazette on , 1944.

† Statutory Rules 1943, No. 93.

5167.—Price 3d. 9/16.8.1944.


(ii) from the Government of India—such sum in respect of the excess of Indian rates of pay and allowances over Royal Air Force rates of pay as would for the time being be payable to him if he were a member of the Royal Air Force of the same rank serving in the same area and under the same conditions.

(2.) For the purposes of this regulation, the period of a member’s service with or in conjunction with the Royal Air Force shall be deemed to commence—

(a) on and from the date of his embarkation in Australia or Canada (as the case may be) for service with or in conjunction with the Royal Air Force under any agreement between the Government of the Commonwealth of Australia and the Government of the United Kingdom in relation to the Empire Air Training Scheme; or

(b) on and from the date of his posting to a unit for service with or in conjunction with the Royal Air Force from a unit of the Royal Australian Air Force outside Australia for which the Government of the Commonwealth of Australia has agreed with the Government of the United Kingdom to undertake financial liability,

as the case may be, and the period of his service with or in conjunction with the Royal Air Force shall be deemed to cease—

(c) on and from the day before the date of his disembarkation on return to Australia; or

(d) on and from the day before the date of his rejoining a unit of the Royal Australian Air Force outside Australia for which the Government of the Commonwealth of Australia has agreed with the Government of the United Kingdom to undertake financial liability.

(3.) For the purposes of this regulation, in converting an amount of English currency to its equivalent in Australian currency, one pound in English currency shall be deemed to be equivalent to one pound five shillings in Australian currency.”.

 

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

Overview

The Statutory Rules of 1944, No. 134, represent a regulatory amendment under the Air Force Act 1923-1941, enacted by the Governor-General in Australia, acting on the advice of the Federal Executive Council. This legislative instrument aims to address financial provisions for members of the Royal Australian Air Force serving with or in conjunction with the Royal Air Force during the Second World War, specifically under the Empire Air Training Scheme. The regulation updates the Air Force (War Financial) Regulations to ensure that members receive appropriate pay and allowances, including deferred pay and allowances for dependents, during their service period with the Royal Air Force. The objective of this amendment is to standardise and clarify the financial entitlements for these members, ensuring they are compensated fairly according to their service conditions and the agreements in place between Australia, the United Kingdom, and India.

Scope and Application

The Statutory Rules 1944 No. 134, made under the Air Force Act 1923-1941, outlines amendments to the Air Force (War Financial) Regulations concerning members of the Australian military serving with or in conjunction with the Royal Air Force under the Empire Air Training Scheme. This regulation applies to members of the Australian military who serve with or in conjunction with the Royal Air Force after 31 July 1943, specifically detailing their pay and allowances during this service period. The regulation specifies that such members will be paid the daily rate of active pay, credited with deferred pay, and provided with dependants allowances as per the regulations, and may also receive additional allowances from the Government of the United Kingdom and, where applicable, the Government of India. The geographic reach of this regulation is inherently linked to the service locations under the Empire Air Training Scheme, which includes Australia and Canada, and the regulation details the conversion rate between English and Australian currency for financial transactions. This regulation extends its application through subordinate instruments, as indicated by its amendment of existing regulations, thereby updating and clarifying the financial provisions for military personnel involved in the scheme.

Key Provisions

The key provision of this statutory rule is the amendment to Regulation 10 of the Air Force (War Financial) Regulations (sub-section 10(1)). This amendment governs the financial entitlements of members serving with or in conjunction with the Royal Air Force (RAF) under the Empire Air Training Scheme, following their embarkation or posting date. Specifically, sub-section 10(1)(a) states that such members shall receive their daily rate of active pay for their rank, as well as any applicable pay allowances under the regulations. Sub-section 10(1)(b) mandates that these members must be credited with deferred pay in accordance with regulation 8. Sub-section 10(1)(c) requires that any dependants allowances payable under these Regulations must be paid to their dependants. Finally, sub-section 10(1)(d) provides that members may receive additional allowances from the Government of the United Kingdom or the Government of India, as specified in the regulation. The obligations and requirements imposed by this Act primarily concern the financial treatment of members serving with or in conjunction with the RAF. The Australian government is required to ensure that members receive their active pay and any applicable allowances, as outlined in sub-section 10(1). This includes crediting deferred pay, as per sub-section 10(1)(b), and paying any dependants allowances, as per sub-section 10(1)(c). Additionally, the Act allows for members to receive supplementary allowances from the UK or Indian governments, as per sub-section 10(1)(d). The conversion rate between English and Australian currency is specified in sub-section 10(3). Any breaches of this regulation may result in civil or criminal consequences, although the specific penalties are not detailed in the text. The statutory rule outlines that the Australian government has agreed to undertake financial liability for members serving with or in conjunction with the RAF. This liability includes ensuring that all entitled payments are made as specified in the regulation. Failure to comply with these financial obligations could potentially lead to legal action or other repercussions, though the exact nature of these consequences is not explicitly stated in the provided text.

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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.