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—

and substituting—

 (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:

5 Schedule 4

  Schedule 4 to the Air Force Regulations is amended—

 (a) by omitting—

and substituting—

 (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.

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.