Statutory Rules
1976 No. 61
REGULATIONS UNDER THE AIR FORCE ACT 1923-1975.*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Air Force Act 1923-1975.
Dated this fifth day of February, 1976.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
D. J. KILLEN
Minister of State for Defence.
___________
Amendments of the Air Force (Women’s Services) Regulations†
Commencement.
1. These Regulations shall come into operation on 9 February 1976.
Delegations.
2. After regulation 3 of the Air Force (Women’s Services) Regulations the following regulation is inserted:—
“ 3a. (1) The Chief of the Air Staff may by writing signed by him delegate to an officer who holds a rank in the Australian Air Force above the rank of Group Captain or of Group Officer, any of his powers or functions under these Regulations, other than this power of delegation.
“ (2) A delegation under sub-regulation (1) shall be revocable at will and no delegation shall prevent the exercise of any power, or the performance of any function, by the Chief of the Air Staff.”.
Amendments of the Air Force (Women’s Services) Regulations.
3. The Air Force (Women’s Services) Regulations are amended as set out in the following table:—
Provision | Amendment |
Sub-regulation 1 (2)........... | Omit. |
Regulation 2................ | Repeal. |
Sub-regulation 3 (1)........... | Omit from the definition of “ Women’s Service ” the words “ of these Regulations”. |
* Notified in the Australian Government Gazette on 6 February 1976.
† Statutory Rules 1943, No. 69, as amended by Statutory Rules 1945, No. 117; 1951, No. 18; 1959, No. 101; 1963, No. 115; and 1975, No. 177.
Provision | Amendment |
Sub-regulation 3 (2)........... | Omit “ Regulations made under that Act ”, substitute “ Air Force Regulations ”. |
Regulation 5................ | Omit “ Air Board ” (wherever occurring), substitute “ Chief of the Air Staff ”. |
| Omit “ forty years, but has not attained the age of fifty ”, substitute |
| “ 40 years, but has not attained the age of 55 ”. Omit “ it ”, substitute “ he ”. |
Sub-regulation 21 (1) .......... | Omit “ sub-regulation (1) of regulation 24 of these Regulations ”, substitute “ sub-regulation 24 (1) ”. |
Sub-regulation 21 (2).......... | Omit from sub-paragraph (iii) “ Five pounds ”, substitute “ $10 ”. |
| Omit “ active pay ” (wherever occurring), substitute “ salary ”. |
| Omit “ fourteen ” (wherever occurring), substitute “ 14 ”. |
Sub-regulation 22 (2).......... | Omit “ seven ” (wherever occurring), substitute “ 7 ”. |
Sub-regulation 24 (1).......... | Omit “ of these Regulations ”. |
Sub-regulation 24 (2).......... | Omit “ the provisions of sub-regulation (1) of this regulation ”, substitute “ sub-regulation (1) ”. |
| Omit from paragraph (iii) “ Five pounds ”, substitute “ $10 ”. |
| Omit from paragraph (iii) “ ordinary pay ”, substitute “ salary ”. |
| Omit from paragraph (iii) “ fourteen ”, substitute “ 14 ”. |
| Omit from paragraph (vi) “ active pay ”, substitute “ salary ”. |
| Omit “ sub-regulation (2) of regulation 21 of these Regulations ”, substitute “ sub-regulation 21 (2) ”. |
Sub-regulation 24 (4).......... | Omit “ Air Board ”, substitute “ Chief of the Air Staff ”. |
| Omit “ of this regulation ”. |
| Omit “ it ”, substitute “ be ”. |
Sub-regulation 25 (1).......... | Omit “ of these Regulations ”. |
Sub-regulation 25 (2) .......... | Omit “ of this regulation ”. |
Regulation 26............... | Omit “ active pay ” (wherever occurring), substitute “ salary ”. |
Regulation 29............... | Omit “ of these Regulations ”. |
| Omit “ seven ”, substitute “ 7 ”. |
Transitional.
4. An approval by the Air Board for the purposes of paragraph 5 (b) of the Air Force (Women’s Services) Regulations shall, after the commencement of these Regulations, have effect as if it had been given after the commencement of these Regulations by the Chief of the Air Staff for the purposes of the Air Force (Women’s Services) Regulations as amended by these Regulations.
Overview
Statutory Rules 1976 No. 61, made under the Air Force Act 1923-1975, were enacted to address the need for updating and refining the regulations governing women's services within the Australian Air Force. These regulations were introduced to streamline the delegation of powers, update age limits and salary references, and ensure consistency and clarity in the application of existing rules. The enacting body was the Governor-General of the Commonwealth of Australia, acting on the advice of the Executive Council. The objective of these amendments was to modernise the regulatory framework, ensuring it aligns with current operational requirements and standards, while maintaining the integrity and purpose of the original legislation. The regulations took effect from 9 February 1976, marking a significant step in the evolution of administrative practices within the Air Force.
Scope and Application
These Regulations, made under the Air Force Act 1923-1975, specifically amend the Air Force (Women’s Services) Regulations to modernise and update various aspects of women’s service within the Australian Air Force. They apply to women serving in the Australian Air Force, modifying their terms of service, age limits, and financial provisions. The Regulations extend across the Commonwealth, reflecting a national standard for the conduct and terms of service within the Air Force. Effective from 9 February 1976, these changes also include the delegation of certain powers from the Chief of the Air Staff to senior officers, ensuring flexibility and efficiency in administration. Notably, the amendments involve several updates to definitions, age limits, and financial references, ensuring consistency and clarity in the application of the Regulations.
Key Provisions
These Regulations, made under the Air Force Act 1923-1975, primarily serve to amend the Air Force (Women's Services) Regulations (Regulation 3). They come into effect on 9 February 1976 (Regulation 1). One significant change is the delegation of powers by the Chief of the Air Staff to officers of a certain rank (Regulation 2). This delegation can be revoked at any time and does not limit the Chief of the Air Staff's ability to exercise any power or function under these Regulations. The Air Force (Women’s Services) Regulations themselves undergo several amendments. For instance, the definition of "Women’s Service" is altered to remove references to the Regulations and update the maximum age limit for service from 50 to 55 years (Regulation 3). Additionally, references to "Air Board" are replaced with "Chief of the Air Staff" (Regulation 5). Financial adjustments are made to update monetary values from pounds to dollars and correct typographical errors (Regulations 3 and 24). The Regulations also include provisions to ensure that existing approvals by the Air Board will remain valid after the commencement of these Regulations, as if granted by the Chief of the Air Staff (Regulation 4).
The obligations imposed by these Regulations on parties governed by them include ensuring that delegations of authority by the Chief of the Air Staff are properly documented and that any amendments to the Air Force (Women’s Services) Regulations are adhered to. This includes updating internal processes and records to reflect the new definitions, age limits, and financial adjustments. Furthermore, any approvals previously given by the Air Board must be recognized as valid under the new framework, with necessary adjustments made to align with the updated Regulations.
Breaches of these Regulations may not explicitly outline specific offences or penalties within the text provided. However, as these Regulations are made under the Air Force Act 1923-1975, any non-compliance with the Act or its subsidiary legislation could potentially lead to civil or criminal consequences, including fines and imprisonment, depending on the nature and severity of the breach. The specific penalties would be determined by the courts based on the relevant provisions of the Act and any other applicable laws.