STATUTORY RULES.

1944. No. 75.

______

REGULATIONS 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 Regulations under the Air Force Act 1923-1941.

Dated this third day of May, 1944.

Governor-General.

By His Excellency’s Command,

Minister of State for Air.

________

Amendments of the Air Force Regulations.†

Interpretation.

1. In these Regulations, any reference to a regulation or a Schedule by number shall, unless the contrary intention appears, be read as a reference to the regulation or Schedule, as the case may be, so numbered, in the Air Force Regulations, as amended to the date of the commencement of these Regulations.

Definitions.

2. Regulation 4 is amended by inserting after the definition of “warrant officer” the following definition:—

“‘Women’s Service’ means one of the services constituted under the Air Force (Women’s Services) Regulations.”.

Repeal of regulations 15 and 17.

3. Regulations 15 and 17 are repealed.

4. Regulation 20 is repealed and the following regulation inserted in its stead:—

Forms in first Schedule.

“20.— (1.) The forms in the First Schedule to these Regulations and all other forms referred to in these Regulations shall be followed in all cases in which they are applicable, and, when used, shall be valid in law.

* Notified in the Commonwealth Gazette on , 1944.

† 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; 1935, Nos. 32 and 98; 1936, No. 17; 1937, No. 21; 1938, Nos. 12, 13, 22, 48, 77, 97 and 120; 1939, Nos. 21, 64 and 142; 1940, Nos. 31, 53, 75, 114, 125, 140, 220, 241, and 279; 1941, Nos. 68, 106, 137, 181 and 228; 1942, Nos. 29, 158, 232, 254, 346, 383, 416, 440, 441, 476 and 543; 1943, Nos.119 and 198; and 1944, Nos. 34, 50 and 64.—Seventieth amendment.

5584.—Price 8d. 9/17.2.1944.

(2.) A deviation from the terms of any of those forms shall not by reason only of that deviation invalidate any charge, proceeding, order, warrant or document.”.

Repeal of regulation 23.

5. Regulation 23 is repealed.

6. After regulation 30, the following regulation is inserted:—

Signatures of documents on behalf of Air Board.

“30a. Any warrant, order, recommendation; decision, approval, map, plan, or other document of any description authorized to be issued, given, or made by the Air Board may be evidenced by a writing or representation signed by the Secretary to the Air Board, and a writing or representation purporting to bear the signature, or a facsimile of the signature, of the Secretary to the Air Board, and to have been signed by authority from the Air Board, or on its behalf, shall be admissible in evidence without proof of the signature or appointment of the person whose signature, or facsimile of signature, it purports to bear.”.

7. Regulation 35 is repealed and the following regulation inserted in its stead:—

Permanent Air Force.

“35. The Permanent Air Force shall consist of officers appointed or transferred to that Force and of airmen who have enlisted or re-engaged to serve therein and who are bound to continuous air-force service for the term of their enlistment or re-engagement.”.

Citizen Air Force.

8. Regulation 36 is amended—

(a) by omitting from sub-regulation (1.) the words “consist of” and inserting in their stead, the words “be divided into”; and.

(b) by omitting sub-regulations (2.) and (3.) and inserting in their stead the following sub-regulations:—

“(2.) The Active Citizen Air Force shall consist of—

(a) officers appointed or transferred to that Force;

(b) airmen who—

(i) have enlisted or re-engaged to serve in that Force, and who are not bound, except during employment on war service under section 47 of the Defence Act, to continuous air-force service for the, term of their enlistment or re-engagement, or

(ii) have enlisted, or are derailed to have been enlisted, under regulation 92a of these Regulations; and

(e) persons who, being liable under Part XII. of the Defence Act to be trained in the Citizen Forces, are allotted to the Citizen Air Force.

“(3.) The Air Force Reserve shall consist of officers and airmen enrolled therein in accordance with regulation 455 of those Regulations.”.

Repeal of regulation 37.

9. Regulation 37 is repealed.

10. Regulation 43 is repealed and the following regulation inserted in its stead:—

Certain persons not permitted to serve.

“43. A person shall not be permitted to serve in the Air Force if he—

(a) has been convicted of any disgraceful or infamous crime by any court of criminal jurisdiction of the Commonwealth or of a State or Territory of the Commonwealth or by any court-martial, whether air-force, naval or military; or

(b) is of notoriously bad character.”.

Ranks.

11. Regulation 50 is amended—

(a) by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—

“(2.) The Governor-General may, on the recommendation of the Air Board, promote or appoint officers holding substantive rank to temporary, acting or honorary rank higher than their substantive rank, or appoint an officer holding an honorary commission to a higher honorary rank.”;

(b) by omitting from sub-regulation (3.) the words “, whilst so acting,”; and

(c) by omitting from that sub-regulation the words “the same grade having” and inserting in their stead the word “equivalent”.

12.—(1.) After regulation 60 the following regulation is inserted:—

Appointment or promotion without examination.

“60a. Notwithstanding anything contained in these Regulations, in time of war the Governor-General may, on the recommendation of the Air Board—

(a) appoint a person to be an officer without examination; or

(b) promote or appoint any officer without examination, and without his having served for any specified period in his former rank, to any substantive, temporary or acting rank, and terminate any such promotion or appointment to temporary or acting rank.”.

(2.) This regulation shall be deemed to have come into operation on the 3rd day of September, 1939.”.

Provisional appointment or promotion.

13. Regulation 61 is amended by omitting the words “A person” and inserting in their stead the words “Except in time of war, a person”.

Promotion not a right.

14. Regulation 68 is amended by omitting the letter and word “a right” and inserting in their stead the words “of right”.

15. After regulation 72, the following regulation is inserted:—

Dismissal of officer of Women’s Services.

“72a. Notwithstanding anything contained in the last preceding regulation, an officer of the Women’s Services who has been found guilty of an offence against the Air Force Act and recommended for dismissal may be dismissed from the Air Force by the Air Board, and thereupon her appointment shall be deemed to be terminated and her commission cancelled.”.

18. Regulation 74 is repealed and the following regulation inserted in its stead:—

Resignation of officers trained as pilots.

“74.—(1.) An officer who has been selected for training as a pilot and whose training as such has commenced, or an officer who was trained as a pilot in the Air Force, prior to his appointment as an officer, shall not be entitled, except with the special approval of the Air Board, to resign his commission before he has completed the service specified in sub-regulation (2.) of this regulation.

(2.) An officer of the class first mentioned in sub-regulation (1.) of this regulation, on completion of his flying training, or an officer of the second mentioned class in that sub-regulation, on his being appointed to be an officer, shall be liable to render eight years’ service, four of which he may be required to serve in that part of the Active Force to which he is appointed, and the remainder in the Reserve.

(3.) The Air Board may require any officer referred to in sub-regulation (1.) of this regulation to enter into a bond in the sum of Eighty pounds conditioned for the due performance by him of the service imposed upon him by this regulation. Any officer who fails to comply with the terms of such bond shall forfeit the sum in which he is bound by that bond, or such part thereof as the Air Board thinks just, having regard to the term of service not completed at the time of the failure.

(4.) The Air Board may, at any time, discontinue the training of any officer selected for training as a pilot.

(5.) Where the flying training of an officer selected for training as a pilot is not completed the Air Board may dispense with the requirements of this regulation.

(6.) The provisions of this regulation shall not apply to an officer of the Citizen Air Force whose training as a pilot commenced in time of war.”.

Retiring age.

17. Regulation 88 is amended by omitting from sub-regulation (3.) the word “three” and inserting in its stead the word “twelve”.

Transfer to active list.

18. Regulation 89 is amended by omitting therefrom the word “three” and inserting in its stead the word “twelve”.

19. Regulation 92a is repealed and the following regulation inserted in its stead:—

Enlistment in Citizen Air Force in time of war.

“92a.—(1.) Subject to these Regulations, in time of war, any person (including an alien approved by the Air Board) may be enlisted in the Active Citizen Air Force and may be required to engage to serve for the duration of the war and twelve months thereafter.

(2.) Any enlisted person who, prior to the commencement of this regulation, has engaged to serve for the period specified in sub-regulation (1.) of this regulation shall be deemed to have been validly enlisted and to have become bound to serve in accordance with the tenor of his oath of enlistment.”.

Oath of enlistment.

20. Regulation 94 is amended by omitting the words “a person” (second occurring) and inserting in their stead the words “an alien”.

Power to reduce.

21. Regulation 104 is amended by adding at the end thereof the following sub-regulation:—

“(2.) The powers conferred by sub-regulation (1.) of this regulation are in addition to and not in derogation of the powers conferred by section 183 of the Air Force Act.”.

Re-engagement of airmen pilots or air observers.

22. Regulation 108 is amended—

(a) by omitting from sub-regulation (1.) the words “An airman” and inserting in their stead the words “Except in time of war, an airman”; and

(b) by omitting sub-regulation (2.).

Discharge on expiration of period of service.

23. Regulation 110 is amended by inserting in sub-regulation (1.), after the word “enlisted”, the words “or re-engaged”.

Discharge prior to expiration of period of service.

24. Regulation 111 is amended by omitting from sub-regulation (1.) the words “, except in time of war,”.

25. Regulation 112 is repealed and the following regulation is inserted in its stead:—

Discharge while re-engaged.

“112.—(1.) A re-engaged airman may apply for his discharge before the expiration of the period of service for which he re-engaged, if he gives one month’s notice in writing of his intention to apply for his discharge.

(2.) If the Air Board approves of the application, the airman shall be discharged without his being required to pay any purchase money.”.

Discharge of persons trained as pilots.

26. Regulation 113 is amended—

(a) by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) Where any person has been selected for training as a pilot and his training as such has commenced, the Air Board may require him to enter into a bond in the sum of Eighty pounds conditioned for the due performance by him of the service imposed upon him by this regulation.”;

(b) by omitting from sub-regulations (3.) and (4.) the word “under” (wherever occurring) and inserting in its stead the words “referred to in sub-regulation (1.) of this”; and

“(5.) Any person who fails to comply with the terms of the bond referred to in sub-regulation (1.) of this regulation shall forfeit the sum in which he is bound by that bond, or such part thereof as the Air Board thinks just, having regard to the term of service not completed at the time of the failure.

“(6.) The provisions of this regulation shall not apply to a member of the Citizen Air Force whose training commenced in time of war.”.

Forfeiture on dismissal.

27. Regulation 116 is amended by omitting the words “for disciplinary reasons shall forfeit the amount” and inserting in their stead the words “by sentence, or in consequence of the recommendation, of a court-martial that he be discharged shall forfeit the amount which”.

28. Regulation 120a is repealed and the following regulation is inserted in its stead:—

Sickness while on recreation leave.

“120a. A member of the Permanent Air Force who becomes sick while on recreation leave may, subject to the exigencies of the Service, be granted additional recreation leave equivalent to the period of sickness falling within the first-mentioned recreation leave, if—

(a) he produces satisfactory evidence which would have justified the grant of sick leave; and

(b) the period of the first-mentioned recreation leave is not less than ten days.”.

29. After regulation 187, the following regulation is inserted:—

Authorized officers for issue of orders or warrants for arrest.

“188.—(1.) The following officers are authorized to sign and issue orders or warrants for the arrest, temporary detention or commitment of members pursuant to sections 113 and 114 and sub-section (1.) of section 115 of the Defence Act, namely:—

(a) An air member of the Air Board;

(b) An air or other officer commanding; or

(2.) Any warrant issued in pursuance of section 114 of the Defence Act shall be in accordance with Form 35, and any warrant issued in pursuance of sub-section (1.) of section 115 of the Defence Act shall be in accordance with Form 32.

(3.) An order for imprisonment pursuant to section 92 of the Defence Act shall be in accordance with Form 37.”.

30. Regulation 414 is repealed and the following regulation inserted in its stead:—

Commencement of sentences.

“414.—(1.) A sentence of cashiering or dismissal awarded to an officer by a court-martial, shall take effect as from the day of its promulgation.

(2.) A sentence of reduction in rank awarded to an officer, or of reduction to the ranks or to a lower grade awarded to a warrant officer or non-commissioned officer, by a court-martial shall take effect from the day on which the original sentence and proceedings are signed by the president of the court-martial.

(3.) The award of the punishment of reduction in rank to an officer of a Women’s Service or of reduction in rank or to the ranks to an under-officer or non-commissioned officer of a Women’s Service shall take effect from the day on which the formal award of such punishment is signed.

(4.) A sentence of discharge, or discharge with ignominy, awarded to an airman by a court-martial shall take effect from the day of the confirmation by the airman’s commanding officer of his discharge, or discharge with ignominy, as the case may be.

(5.) A sentence of field punishment awarded by a Court-martial to an airman shall take effect on the day on which the original sentence and proceedings are signed by the president of the court-martial.”.

Repeal of regulations 423, 431 and 446a.

31. Regulations 423, 431 and 446a are repealed.

Deserters—how dealt with.

32. Regulation 446b is amended by omitting the word and figures “regulation 446a” (wherever occurring) and inserting in their stead the words and figures “section 78 of the Defence Act”.

Repeal of regulation 446c.

33. Regulation 446c is repealed.

Classification of Members of Reserve.

34. Regulation 454 is amended—

(a) by omitting from sub-regulation (1.) the words “and Accountant” and inserting in their stead the words “, accountant and administrative”; and

(b) by omitting from sub-regulation (4.) the words “or the accountant branch” and inserting in their stead the words “, the accountant branch or the administrative and special duties branch”.

Reservists proceeding abroad.

35. Regulation 462 is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) A reservist proposing to leave the Commonwealth shall notify the Air Board of his intention to proceed, abroad, the date on which he proposes to embark, the address to which he proposes to proceed and the probable duration of his absence, and shall not leave the Commonwealth or a Territory without first obtaining the permission of the Air Board to do so Such permission may be granted by the Air Board on such terms and conditions as it thinks fit.”.

Enrolment and re-enrolment.

36. Regulation 464 is amended by omitting from sub-regulation (1.) the words “A person” and inserting in their stead the words “Except in time of war, a person”.

Officers—rank on appointment in Reserve.

37. Regulation 465 is amended by inserting after the word “appointment” the words “to the Reserve”.

Precedence of officers.

38. Regulation 466 is amended by omitting from sub-regulation (4.) the word and figures “regulation 445” and inserting in their stead the words and figures “section 46 of the Defence Act”.

Resignation of officers.

39. Regulation 468 is amended by inserting in sub-regulation (1.) after the word “officer”, the words “of the Reserve”.

Provision of spectacles.

40. Regulation 617a is amended by omitting from sub-regulation (1.) the words “Director of Medical Services” and inserting in their stead the words “Director-General of Medical Services”.

Admissions to hospitals.

41. Regulation 620 is amended by omitting the words “The representative of the Director-General of Medical Services” and inserting in their stead the words “A principal medical officer”.

Treatment wherever practicable to be obtained from Departmental Hospital.

42. Regulation 622 is amended by omitting the words “the representative of the Director-General of Medical Services” and inserting in their stead the words “a principal medical officer”.

Personnel injured while serving in H.M.A. Ships.

43. Regulation 623 is amended by inserting after the word “injured” the words “or contracting an illness”.

Provision of medical attendance.

44. Regulation 624 is amended by omitting from sub-regulation (4.) the words “the representative of the Director-General of Medical Services” and inserting in their stead the words “a principal medical officer”.

Medical attendance alter discharge.

45. Regulation 628 is amended by omitting the words “the representative of the Director-General of Medical Services” and inserting in their stead the words “a principal medical officer”.

Medicines and dressings.

46. Regulation 629 is amended by—

(a) inserting after the word “Department” (first occurring) the words “of Air”;

(b) omitting the words “Department of Repatriation” and inserting in their stead the words “Repatriation Commission”; and

(c) omitting the words “the representative of the Director-General of Medical Services” and inserting in their stead the words “a principal medical officer”.

Medical attendance Involving liability of third parties.

47. Regulation 632a is amended by omitting from, sub-regulation (1.) the words “Department of Defence” and inserting in their stead the words “Department of Air”.

Post-mortem examinations.

48. Regulation 632b is amended by omitting from sub-regulation (1.) the words “Director of Medical Services” and inserting in their stead the words “Director-General of Medical Services”.

Rates of pay.

49. Regulation 646 is amended by omitting from sub-regulation (4.) the word and figures “regulation 445” and inserting in their stead the words and figures “section 46 of the Defence Act”.

Saving provisions.

50. Regulation 687 is amended by omitting all the words from and including the words “with respect” to the end of the regulation.

Flying orders.

51. Regulation 688 is amended by omitting the words “Subject to these Regulations,”.

Aerobatics, &c.

52. Regulation 691 is amended by omitting paragraph (c) and inserting in its stead the following paragraph:—

“(c) drop or cause or permit to be dropped from the aircraft any article or substance whatsoever except—

(i) in the performance of air-force operations or training, an article of standard service equipment; or

(ii) fine sand or water ballast.”.

General rules of the air.

53. Regulation 692 is amended by omitting sub-regulation (14.).

Conduct sheets to be kept.

54. Regulation 697 is amended by omitting from sub-regulation (2.) the word “will” and inserting in its stead the words “, or other officer appointed or directed by the Air Board for the purpose, shall”.

Service conduct sheets.

55. Regulation 698 is amended by omitting from sub-regulations (4.), (5.) and (8.) the words “commanding officer” (wherever occurring) and inserting in their stead the words “officer responsible”.

Entries in conduct sheets to be attested.

56. Regulation 700 is amended by omitting the words “commanding officer” (wherever occurring) and inserting in their stead the words “officer responsible”.

Conduct sheets lost.

57. Regulation 701 is amended by omitting the words “commanding officer” (wherever occurring) and inserting in their stead the words “officer responsible”.

Amendments of the First Schedule.

58. The First Schedule is amended by—

(a) omitting Forms 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 25, 31, 36 and 38;

(b) omitting from Forms 18, 21 and 22, respectively, the words

“{while on war service/ while subject to air-force law under the Air Force Regulations}” and inserting in their stead the words “while subject to the Air Force Act”;

“{on war service/ subject to air-force law under the Air Force Regulations}” and inserting in their stead the words “while subject to the Air Force Act”;

(d) omitting from Forms 20 and 23, respectively, the words “air-force law under the Air Force Regulations” and inserting in their stead the words “the Air Force Act”;

(e) omitting from Form 32 the words and figures “Regulations 199, 200” and “Regulation 199” and inserting in their respective stead the word and figures “Regulation 188”;

(f) omitting from Form 33 the words and figures “Regulations 412, 413” and “Regulation 413” and inserting in their respective stead the words and figures “Regulation 188, 412 or 413”;

(g) omitting from Form 34 the figures “199” and inserting in their stead the figures “412”;

(h) omitting Form 35 and inserting in its stead the following form:—

“Form 35.

Air Force Regulations.

WARRANT FOR THE APPREHENSION OF DESERTERS.

Defence Act, section 114.

Regulation 188.

To all members of the Defence Force of the Commonwealth of Australia and to all members of the Police Force of every State and of every Territory of the Commonwealth of Australia and of every country in which the person to whom this warrant relates shall be found.

No. a member of the Royal Australian Air Force having deserted from the said Force, I hereby direct that he be apprehended and conveyed to the to be dealt with according to the law.

Given under my hand this day of in the year of our Lord, One thousand

nine hundred and

Signature.”;

(j) omitting from Form 37 the figures “295” and inserting in their stead the figures “188”; and

(k) omitting from that Form the words “in pursuance of the Air Force Regulations” and inserting in their stead the words “in pursuance of the Defence Act”.

Amendments of the Second Schedule.

59. The Second Schedule is amended by inserting in Table (i) Modifications—

(a) after item (d), the following item:—

“(da)

39a

Omit from paragraph (b) of sub-section (2) all the words after the word ‘height’ (first occurring) and insert in their stead the words ‘, in an area or in a manner which is in contravention of any order made by, or issued under the authority of, the Air Board’;”

(b) after item (j), the following items:—

“(ja)

Insert in sub-section (2), after paragraph (b) (first occurring), the following paragraph:—

‘(c) Any deduction authorized by this Act to be made from his active pay.’;

“(jb)

Omit from sub-section (4) the words ‘of desertion or’;”

“(laa)

Add at the end of sub-section (1) the following words:—

‘, and, for the prompt repression of all offences which may be committed in Australia, Provost Marshals and Assistant Provost Marshals may from time to time be appointed by the Air Board’;” and

(d) after item (la), the following items:—

“(lb)	128	Insert after the word ‘courts-martial’ the words ‘or before an officer authorized to award summary punishment’;
“(lc)	137	Add at the end of paragraph (2) the words ‘or by the authority dealing summarily with the charge under Section 47 of this Act’;
“(ld)	163	Insert in paragraphs (g) and (h) of sub-section (1), after the word ‘books’ (wherever occurring), the words ‘or documents’, and in paragraph (h), after the word ‘book’, the words ‘or document’;
“(le)	163	Insert in sub-section (1), after paragraph (j), the following paragraph:—
		‘(ja) Where the proceedings are proceedings against an officer or airman on a charge of being a deserter or absentee without leave, and the officer or airman has been apprehended while wearing the uniform of the Air Force and has, on arrest, been taken into the custody of a provost marshal, assistant provost marshal or other officer, a certificate purporting to have been signed by such provost marshal, assistant provost marshal or other officer, and stating the fact, date and place of arrest, and that the officer or airman was at the time of arrest wearing such a uniform as aforesaid, shall be evidence of the matters so stated.’;”.

Amendments of the Third Schedule.

60. The Third Schedule is amended by inserting in Table (i) Modifications, after item (b), the following items:—

“(ba)	44	Add the following paragraph:—
		‘(H) In any case where a court is empowered by Section 66 of the Air Force Act to find the accused guilty of an offence other than that charged, or guilty of committing an offence in circumstances involving a less degree of punishment, or where they could after hearing the evidence have made a special finding of guilty subject to exceptions or variations in accordance with paragraphs (D) and (E) of this Rule, they may, if they are satisfied of the justice of such course, and if the concurrence of the convening officer is signified by the prosecutor, accept and record a plea of guilty of such other offence, or of the offence as having been committed in circumstances involving such less degree of punishment, or of the offence charged subject to such exceptions or variations.’;

“(bb)	54	Add the following paragraphs:—
		‘(D) Where a person subject to air-force law has been found guilty of an offence by a court-martial and the finding, having been confirmed, is held to be invalid or not to be supported by the evidence and the court-martial could on the charge —
		(a) have found the accused guilty of some other offence, or of the same offence under circumstances involving a less degree of punishment, under the provisions of Section 56 of the Air Force Act, or
		(b) have made a special finding under Rule 44 (D), the Air Board may substitute for the finding of the court-martial a finding of guilty of such other offence or of the same offence under circumstances involving a loss degree of punishment or such special finding, if it appears to it that the court-martial must have been satisfied of the facts establishing the offence specified or involved in the substituted finding, and may impose such sentence in substitution for the sentence passed at the trial as may be warranted in law for the offence specified or involved in the substituted finding, not being a sentence of greater severity than that imposed by the court-martial. ‘(E) For the purposes of the Air Force Act, any finding or sentences substituted in accordance) with paragraph (D) of the Rule and any sentences imposed for an offence specified or involved in any such substituted finding shall have effect as if it were a finding or sentence of a court-martial.’;
“(bc)	56	Omit all the words from and including the words ‘Whenever it appears’ to and including the words ‘sentence, may be confirmed,’ and insert in their stead the words ‘Whenever it appears that a court-martial had jurisdiction to try a person and make a finding, and that there is legal evidence or a plea of guilty to justify the finding made, such finding and any sentence which the court-martial had jurisdiction to pass thereon may be confirmed,’;
“(bd)	78	Insert, after the words ‘convening officer’ (wherever occurring), the words ‘or a staff officer on his behalf’:
“(be)	88	Omit from paragraph (B) the words ‘this rule’ and insert in their stead the words ‘these Rules’:
“(bf)	98	Insert, after the word ‘require,’ the words ‘to the Air Board or’;
“(bg)	106	Omit paragraph (c) and insert in its stead the following paragraph:— ‘(C) The officer convening a field general court-martial shall appoint or detail the officers to form the court, and may also appoint or detail such officers as waiting members as he thinks expedient. The officers should have held commissions for not less than one year, but, if any officers are available who have held commissions for not less than three years, they should be selected in preference to officers of less service’;

“(bh)

121

Insert, after the figures and words ‘54 (Mitigation of sentence on partial confirmation’, the words ‘and substitution of new or special finding’, and after the figures and words ‘87 (“Defending officer and friend of accused),’ the figures and words ‘88 (Counsel at courts-martial)’;”.

Amendments of the Fourth Schedule.

61. The Fourth Schedule is amended—

(a) by inserting in Table (i) Modifications, after the figures “XV. | 1 | 1101” and the words and figures in the fourth column opposite thereto, the following words and figures:—

“XV.

1104

Insert in section 1 of Chapter XV., after paragraph 1103, the following paragraph:—

‘1104. Administration of oaths.—Officers are warned that, before administering an oath, they must satisfy themselves that the occasion is covered by authority under the Air Force Act or Rules of Procedure or in some other enactment or statutory regulation. The Air Force Act and Rules of Procedure make provision for oaths to be administered at a court-martial, at the summary disposal of charges under Section 46 or 47 of the Air Force Act, at the taking of a summary of evidence, or at a Court of Inquiry. The Air Force Regulations provide for oaths to be administered on the enlistment of members. An Investigating Officer, i.e., a single individual acting in lieu of a Court of Inquiry, cannot administer an oath.’;

(b) by omitting from the second paragraph in the fourth column of Table (i) Modifications opposite the figures “XV. | V. | 1164” the word and figure “Form 8” and inserting in their stead the words “the form set forth in sub-clause (c) of this clause”;

“Add, after sub-clause (b) of clause 2, the following sub-clause:—

‘(c) The form referred to in sub-clause (a) is as follows:—

FORM OF CERTIFICATE TO BE HANDED BY OFFICER OF POLICE TO (OFFICER) OR WARRANT OFFICER, OR NON-COMMISSIONED OFFICER INTO WHOSE CUSTODY A COMMITTED PERSON IS DELIVERED.

I [name and rank] of the Police of the

{state of Territory } certify that [No., rank, name, unit]

{surrendered himself to was arrested by} [name, police rank] at [place of arrest or surrendered] on the day of 19 at hours as

an absconder from the Air Force

a deserter from the Air Force and that I

a person liable to arrest for an air-force offence

and that I

have tins day delivered him into air-force custody.

Signed this day of 19 .

_______

(d) by omitting from the first paragraph in the fourth column of Table (i) Modifications opposite the figures “XV. | V. | 1167” the word and figure “Form 4” and inserting in their stead the words and figure “the form set forth in clause 5 of this paragraph”;

(e) by adding after the second paragraph in that column opposite those figures the following paragraph:—

“Add, after clause 4, the following clause:—

‘5. The form referred to in clause 1 is as follows:—

PROTECTING CERTIFICATE.

To whom it may concern.

The person to whom this certificate has been issued, who has been committed as being [No., rank, name, unit] a deserter from the Royal Australian Air Force, [here insert age, height, colour of eyes and hair, and complexion],

Is not claimed for service in the Royal Australian Air Force.

He is, therefore, not liable hereafter to arrest on suspicion of being a deserter.

Signed at this day of 19 .’.”;

(f) by omitting from the second paragraph in the fourth column of Table (i) Modifications opposite the figures. “XV. | V. | 1168” the word and figure “Form 7” and inserting in their stead the words and figure “the form set forth in clause 5 of this paragraph”;

(g) by adding, after that paragraph, the following paragraph:—

“Add, after clause 4, the following clause:—

‘5. The form referred to in clause 3 is as follows:—

ORDER DISPENSING WITH TRIAL.

As it appears from the annexed confession that [No., rank, name, unit] has signed a confession that he has been guilty of desertion and/or fraudulent enlistment [as the case may be] I being a competent air-force authority under the Air Force Act hereby dispense with the trial of the said airman to take effect as from the day of 194 , and award the same forfeitures and the same deductions from pay (if any) as would have been consequential upon conviction by a court-martial for the said offence(s) except [here set out the forfeitures and deductions, if any, which the airman is not to suffer].

And I further order that the said airman shall suffer deductions from his pay until he has paid or otherwise made good the value of the free kit obtained by him on his re-enlistment.

Signed at this day of 19 .’.”;

(h) by inserting in Table (i) Modifications, after the figures “XVI. | III. | 1287” and the words and figures in the fourth column opposite thereto, the following figures and words:—

“XVI.

III.

1295

Insert, after clause 2, the following clauses:—

‘3. When an officer has been sentenced to be dismissed from His Majesty’s Service or to be cashiered, the convening officer may, if, in his opinion, the circumstances warrant it, order that the officer be released into open arrest pending promulgation of the sentence. The officer should not, however, be called upon to perform any air-force duty. An officer who has been sentenced to undergo a term of penal servitude or imprisonment will invariably be retained in close arrest.

‘4. In cases where the sentence of a court-martial is such that it appears to the president of that court-martial that the further confinement of the accused is unnecessary—

(a) the president shall advise the C.O. of the accused that the further confinement of the accused in respect of the offence tried by that court-martial is unnecessary, and that the accused should be placed in open arrest pending instructions from the confirming authority, and, also, whether the accused should be placed on duty pending those instructions, and the president shall forward to the confirming authority a memorandum setting out the action that has been taken;

(b) on receipt of that advice, the C.O. shall, unless the accused is required to be detained for any other offence, release the accused from confinement and place him in open arrest accordingly, but, if he has been advised that accused should not be placed on duty, he will order accordingly; and

(c) on receipt of the proceedings of that court-martial, the confirming authority shall, in any case in which it appears to him that the accused has not been released, instruct the C.O. to release the accused from confinement or place him in open arrest, as the case requires, unless the accused is required to be detained for any other offence.’.”; and

(i) by omitting the third paragraph in the fourth column of Table (i) Modifications opposite the figures “XVII. | I. | 1323” and inserting in its stead the following paragraph:—

“Omit clause 5 and insert in its stead the following clause: —

‘5. The private property and personal effects of any member who is declared by a Court of Inquiry to be illegally absent shall be held in air-force charge, and, if the member surrenders or is apprehended within a period of six months from the day on which he was declared to be so absent, shall be delivered to him. If, at the expiration of such period of six months the member has neither surrendered nor been apprehended, such property and effects may be sold by auction. The net proceeds of any such sale shall be applied in payment of any debts owing by the member to the Commonwealth or to any service mess or institution, and any balance shall be paid into the appropriate Trust Account for refunding to the member in the event of his surrender or apprehension.’.”.

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