STATUTORY RULES.

1935. No. 32.

REGULATIONS UNDER THE AIR FORCE ACT 1923.*

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.

Dated this third day of April, 1935.

(Sgd.) ISAAC A. ISAACS.

Governor-General.

By His Excellency’s Command,

Minister of State for Defence.

Amendment of Air Force Regulations.†

1. Regulation 71 of the Air Force Regulations is amended by inserting at the end of sub-regulation (4.) the following proviso:—

“Provided that any appointment under this regulation shall be terminable at any time at the pleasure of the Governor-General.”

2. Regulation 88 of the Air Force Regulations is repealed and the following regulation is inserted in its stead:—

“Retiring age.

88.—(1.) The ages for compulsory retirement of officers shall be as set forth against the respective ranks in the following table:—

* Notified in the Commonwealth Gazette on , 1935.

† Statutory Rules 1927, No. 161, as amended by Statutory Rules 1928, Nos. 52 and 109; 1929, Nos. 75 and 114; 1930, Nos. 77, 94, and 135; 1931, Nos. 3, 78, and 115; 1932, Nos. 9, 63, and 133; 1933, Nos. 16, 46, 58, 82, 89 and 117; 1934, Nos. 25, 51, 74, 81, 122, and 125—Twenty-sixth amendment.

868.—7/8.3.1935.—Price 3d.

(2.) In special cases, when it is in the interests of the Service so to do, the Governor-General may extend the age for retirement of officers for a period not exceeding two years.

(3.) In time of war the ages for retirement may be extended for an additional period not exceeding the duration of the war and a period of three months thereafter.

(4.) Notwithstanding anything contained in sub-regulation (1.) of this regulation an officer at his present rank shall not be compelled to retire at an earlier date than he would have retired had this regulation not come into operation.

3. Regulation 133 of the Air Force Regulations is repealed and the following regulation is inserted in its stead:—

“Applications for sick leave.

133.—(1.) Applications for leave of absence on the ground of illness shall be supported by the certificate of a duly qualified medical practitioner approved by the Air Board:

Provided that an air or other officer commanding may grant leave of absence on the ground of illness, without production of a medical certificate, to the extent of three days in the aggregate in any twelve months, subject to any continuous period of leave so granted not exceeding two days.

(2.) Subject to sub-regulation (1.) of this regulation, where sick leave is granted without the production of a medical certificate or other evidence approved by the Air Board, such leave shall be without pay.”

4. Regulation 149 of the Air Force Regulations is amended by omitting from sub-regulation (2.) the words “amount of pay that would have been received by him during such long service leave as would immediately prior to retirement” and inserting in their stead the words “pay for a period of leave not exceeding that which the member could”.

5. Regulation 553 of the Air Force Regulations is amended—

(a) by omitting from paragraph (a) the word “Blacksmith;” (first occurring); and

(b) by inserting in paragraph (a) beneath the word “Electrician;” the following words and numbers:—

“Fitter, grade I.;

Fitter, grade II.;”.

6. After regulation 668 of the Air Force Regulations the following new regulation is inserted:—

“Compensation to superannuation contributors.

668a. The amount payable under this Part of these Regulations in respect of any member who is a contributor to the Commonwealth Superannuation Fund shall not exceed £750.”

7. Regulations 675 and 676 of the Air Force Regulations are repealed and the following regulation is inserted in their stead:—

“Assessment of compensation to members, widows, and children.

675.—(1.) The Air Board may authorize payment as provided in this Part in respect of a member of the Permanent Air Force.

(2.) Subject to regulation 668a the rate at which provision shall be made under regulation 668 for a member of the Permanent Air Force, or his widow or family, when the member is killed on war service

or on duty or dies or becomes incapacitated from earning his living from wounds or disease contracted on war service or on duty, shall be—

(a) if he is killed or dies while a member—a sum of money equivalent to the maximum amount; or

(b) if he is retired or discharged on account of wounds or disease, a sum of money—

(i) which, if he is, in the opinion of the Air Board, totally incapacitated from earning his living, is equivalent to the maximum amount; or

(ii) which, if he is, in the opinion of the Air Board, not totally incapacitated from earning his living, is equivalent to so much of the maximum amount, as, in the opinion of the Air Board, is proportionate to the degree to which he is so incapacitated.

(3.) The maximum amount mentioned in this regulation shall be three years’ pay—

(a) in the case of the death of a member—at the rate of pay which he received immediately prior to his death; and

(b) in the case of a member who is retired or discharged—at the rate of pay which the member received immediately prior to the date of his retirement or discharge.

(4.) No claim for compensation in respect of the death of a member shall be considered unless it is made within 12 months of the date of the death of the member.

(5.) The amount of compensation payable under this regulation to the widow or family of a member shall be distributed in such proportions, and in such manner as the Air Board determines having regard to the circumstances of the widow and children.”

8. Regulations 678 and 679 of the Air Force Regulations are repealed and the following regulation is inserted in their stead:—

“Compensation to members, widows, and children.

678.—(1.) The Air Board may authorize the payment of an allowance not exceeding 14s. 2d. per day in the case of an officer and 11s. 8d. per day in the case of an airman, together with an allowance of 1s. 3d. per day in respect of each child under fourteen years of age dependent upon him, as compensation for loss of salary or wages to a member of the Citizen Air Force for any period not exceeding six months during which he is temporarily incapacitated from following his occupation or trade by reason of an injury sustained by him in the performance of air-force duty.

(2.) The compensation shall be limited to the period during which the member shall be shown to have been wholly unable to follow his occupation, and shall not be payable for the day of the accident or any Sunday, or for any period during which he shall have been in camp and have drawn the pay of his rank.

(3.) In cases in which a member has not recovered from his injury sufficiently to enable him to resume his ordinary occupation within the period of six months and has not been permanently disabled, compensation at rates not exceeding those prescribed by sub-regulation (1.) of this regulation may be continued for such further period as may be approved by the Air Board.

(4.) Subject to regulation 668a the Air Board may authorize the payment of a lump sum as compensation in respect of a member who has sustained in the performance of air-force duty an injury of a permanent nature or who has been killed or dies as a result of injuries so sustained.

(5.) The rate at which provision shall be made under regulation 668 for a member of the Citizen Air Force or his widow or family when a member is killed on war service or on duty or dies or becomes incapacitated from earning his living from injury contracted on war service or duty shall be—

(a) if he is killed or dies while a member—a sum equivalent to the maximum amount; or

(b) if he is permanently incapacitated from earning his living—a sum of money—

(i) which, if he is, in the opinion of the Air Board, totally incapacitated from earning his living, is equivalent to the maximum amount, or

(ii) which, if he is, in the opinion of the Air Board, not totally incapacitated from earning his living, is equivalent to so much of the maximum amount as is, in the opinion of the Air Board, proportionate to the degree to which he is incapacitated.

(6.) The maximum amount mentioned in this regulation shall be three years’ pay of the member’s rank in the same branch or mustering in the Permanent Air Force.

(7.) The amount of compensation payable under this regulation to the widow or family of a member shall be distributed in such proportions, and in such a manner as the Air Board determines having regard to the circumstances of the widow and children.

(8.) Compensation shall not be allowed to a member in respect of any injury sustained by him while proceeding to the place of assembly or while returning home after the dismissal of the unit from duty.

(9.) For the purposes of this Part of these Regulations, “injury” includes “illness” if such be contracted while on duty and be attributable to conditions of air service.”

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