Federal Register of Legislation - Australian Government

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Air Force Regulations (Amendment)

Authoritative Version
  • - F1997B00693
  • No longer in force
SR 1980 No. 224 Regulations as made
These Regulations amend the Air Force Regulations.
Administered by: Defence
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR19-Aug-1980
Tabled Senate19-Aug-1980
Gazetted 05 Aug 1980
Date of repeal 19 Mar 2014
Repealed by Defence (Spent and Redundant Instruments) Repeal Regulation 2014

Statutory Rules

1980 No. 224

REGULATIONS UNDER THE AIR FORCE ACT 19231

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Air Force Act 1923.

          Dated this twenty-ninth day of July 1980.

                                                                                                                           ZELMAN COWEN

                                                                                                                           Governor-General

          By His Excellency’s Command,

 

J. E. MCLEAY

Minister of State for Administrative Services
for and on behalf of the
Minister of State for Defence

_______________

AMENDMENTS OF THE AIR FORCE REGULATIONS2

1              Interpretation

                Regulation 4 of the Air Force Regulations is amended by inserting after the definition of “warrant officer” in sub-regulation (1) the following definition:

“ ‘weekend or periodic detention’ means detention or imprisonment in pursuance of a law providing for—

                         (a)    weekend detention or imprisonment; or

                         (b)    periodic detention or imprisonment;".

2              After regulation 531 of the Air Force Regulations the following regulation is inserted:

                Pay and allowances payable during weekend or periodic detention

     “532.   For the purposes of section 119 of the Defence Act, a member shall receive his pay and allowances while under sentence of weekend or periodic detention imposed by a civil court.”.

3              Allottee's special allowance

                Regulation 562A of the Air Force Regulations is amended by omitting from sub‑regulation (1) “a period of imprisonment or detention” and substituting “imprisonment or detention, other than a period of weekend or periodic detention under a sentence imposed by a civil court”.

4              Schedule 2

                Schedule 2 to the Air Force Regulations is amended—

                (a)    by omitting—

“   No.

Provision of Act.

Extent of Modification. ”

and substituting—

“ Column 1

Item

Column 2

Provision of Act

Column 3

Modification ” ;

               (b)    by inserting in Item (lba) “of weekend or periodic detention under a sentence imposed by a civil court or a period” after “period”; and

                (c)    by inserting after Item (1c) the following item:

“(1caa)

Section 138

Insert after ‘imprisonment’ in paragraph (1) ‘ other than a sentence of weekend or periodic detention,’.”.

5              Schedule 4

                Schedule 4 to the Air Force Regulations is amended—

                (a)    by omitting—

“ King's Regulations and Air Council Instructions.

 

Extent of Modification

Chapter No.

Section No.

Paragraph
No.                                                                                                       ”

and substituting—

“ Column 1

Provision modified

Column 2

Modification

Chapter

Section

Paragraph "                                                                           ”; and

               (b)    by omitting from the fourth column of the table headed

                        “(i)    Modifications” all words and figures opposite the figures
“XXXIX.   II.      3470” and substituting—

“Insert after ‘punishment’ in sub-clause 1 (b) ‘, other than a sentence of weekend or periodic detention imposed by a civil court,’.

“Omit from sub-clause 1 (d) ‘under any Probation of Offenders Act, except when it has been decided under para. 2153, clause 4 or 5,’ and substitute ‘, except when it has been decided’.

“Omit clause 2.”.

6              Application

         (1)   The Air Force Regulations, as amended by regulations 1, 2, 4 and 5, apply in relation to a member in custody awaiting trial or undergoing imprisonment or detention after 14 July 1978.

         (2)   Where a member was in custody awaiting trial or was undergoing imprisonment or detention immediately before the date of commencement of these Regulations and continues in custody, imprisonment or detention, as the case may be, on that date, regulation 562A of the Air Force Regulations, as in force immediately before the date of commencement of these Regulations, shall continue to apply in relation to the member in respect of the period during which he continues in custody, imprisonment or detention, as the case may be, on and after that date.

 

NOTES

1.       Notified in the Commonwealth of Australia Gazette on 5 August 1980.

2.       Statutory Rules 1927 No. 161 as amended to date. For previous amendments see Note 2 to Statutory Rules 1980 No. 2 and see also Statutory Rules 1980 Nos. 2, 35, 40, 41, 129, 146, 151, 152, 153, 176 and 221.