National Security (Air Force) Regulations

Legislation au C1945L00120 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1945. No. 120.

_________

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*

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 National Security Act 1939-1943.

Dated this first day of August, 1945.

HENRY

Governor-General.

By His Royal Highness’s Command,

ARTHUR S. DRAKEFORD

for and on behalf of the Minister of State for Defence.

__________

National Security (Air Force) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Air Force) Regulations.

Administration.

2. These Regulations shall be administered by the Minister of State for Air.

Definitions.

3. In these Regulations, unless the contrary intention appears—

“member” means any person included in the definition of “member” in the Air Force (War Financial) Regulations; and

“prescribed authority” means a prescribed authority as defined by the Air Force (War Financial) Regulations.

Suspension, variation or cancellation of allotments of pay.

4. If in any case there exist or occur or have occurred any special circumstances which, in the opinion of a prescribed authority, justify such a course, the prescribed authority may, in respect of any allotment of pay made by a member—

(a) suspend the payment of the allotment or any part of the allotment;

(b) vary the rate of the allotment; or

(c) cancel the allotment,

in respect of such period, whether commencing before or after the date on which this regulation comes into operation, as he considers is warranted by reason of those circumstances.

 

* Notified in the Commonwealth Gazette on 2nd August, 1945.

479.—Price 3d.


Increase in allotments of pay where dependants allowance payable.

5.—(1.) Where a member has made an allotment or allotments of pay in relation to which dependants allowance is payable under the Air Force (War Financial) Regulations and the allotment was or the allotments were in force on the sixth day of November, 1941, the member shall be deemed to have increased the allotment by an amount of, or the allotments by amounts totalling in the aggregate—

(a) fourpence per day in the case of a nurse; and

(b) sixpence per day in the case of any other member,

as on and from the sixth day of November, 1941;

Provided that a prescribed authority may direct that the provisions of this sub-regulation shall not apply in respect of any member—

(a) if the only dependents of the member are children, and the allotment or total of the allotments in force on that date was less than five shillings per day in the case of an officer or three shillings per day in the case of an airman; or

(b) if in any case special circumstances exist or occur which, in the opinion of the prescribed authority, justify such a course.

(2.) Where, in respect of any member, there was in force on the sixth day of November, 1941, more than one allotment and a direction has not been given pursuant to the proviso to sub-regulation (1.) of this regulation, the amount of the aggregate increase referred to in that sub-regulation shall be deemed to have been allotted to such one or more of the allottees and in such proportions as a prescribed authority directs.

 

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

 

Overview

The National Security (Air Force) Regulations, 1945, were enacted to provide a framework for managing financial allotments of Air Force members during wartime, specifically under the National Security Act 1939-1943. These regulations were introduced to address the need for financial flexibility in the Air Force to accommodate special circumstances, such as changes in the number of dependents or other unforeseen events that could affect the financial security of the members and their families. The regulations were made under the authority of the Governor-General, acting on advice from the Federal Executive Council, and were intended to be administered by the Minister of State for Air. The policy objective of these regulations was to ensure that the financial support provided to Air Force members could be adjusted as necessary to maintain their welfare and efficiency during the war effort.

Scope and Application

The National Security (Air Force) Regulations, issued under the National Security Act 1939-1943, apply to members of the Air Force, as defined in the Air Force (War Financial) Regulations. These regulations are administered by the Minister of State for Air and pertain specifically to the financial allotments of Air Force personnel. They empower prescribed authorities to suspend, vary, or cancel allotments of pay in special circumstances. Additionally, these regulations deem certain increases in allotments of pay to be effective from November 6, 1941, unless a prescribed authority directs otherwise due to specific conditions such as minimal existing allotments or unique personal circumstances. These provisions extend across the Commonwealth of Australia, binding all relevant entities and personnel within the defined scope. Subordinate instruments may further specify the application and details of these financial regulations.

Key Provisions

The National Security (Air Force) Regulations (1945) detail several key provisions concerning the management of pay allotments for members of the Air Force. Section 4 allows for the suspension, variation, or cancellation of allotments of pay if a prescribed authority deems it necessary due to special circumstances. This means that the authority can halt payments, change the rate of allotments, or cancel them entirely, based on specific situations affecting the member's financial obligations. The decision on the duration of these actions lies with the authority, who can apply them retroactively or prospectively as they see fit. Under Section 5, there is an automatic increase in allotments of pay for members who had allotments in force as of 6 November 1941, with additional payments for dependents. Specifically, nurses receive an increase of four pence per day, while other members receive six pence per day. However, these increases can be waived if a prescribed authority determines that the member’s dependents are solely children and the allotments were below certain thresholds, or if other special circumstances exist. If a member had multiple allotments in force, the prescribed authority can also decide how to distribute the increased amounts among these allotments. The Regulations impose clear obligations on prescribed authorities to manage and adjust allotments of pay based on the members' circumstances, ensuring financial support aligns with the members' needs during national security-related periods. They also outline the circumstances under which these allotments can be modified, aiming to provide flexibility and support for Air Force members and their dependents. Failure to comply with these Regulations could lead to administrative or legal consequences, though specific penalties are not detailed in the text. However, given the authoritative nature of the Regulations, non-compliance could potentially result in disciplinary actions against the prescribed authorities or the members involved, depending on the severity and intent behind the breach. The precise legal ramifications would depend on further legislative interpretation or case law.

Legal classification tags

Area of Law
National Security Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Offence Provisions
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

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.