Subject
AIR FORCE
AMOUNTS THAT CAN LEGALLY BE CHARGED TO AIRMEN WHO PURCHASE THEIR EARLY DISCHARGE
Key Legislation
AUSTRALIAN MILITARY REGULATIONS 1916, reg. 327
Date
Client
The Secretary to the Air Board
The Secretary to the Air Board has forwarded for advice the following memorandum:
- I am directed to inform you that recently it was found necessary to seek urgent advice from your Department in regard to the amounts which could legally be charged airmen who purchase their discharge prior to the completion of their period of service, and confirmation of the opinion then stated is requested.
- Under Australian Military Regulation 327 the amount chargeable to a soldier purchasing his discharge in the first year of his service is £10, plus the unexpired value of his free issue of uniform and kit.
- The conditions of service for airmen enlisting in the Air Force provide, inter alia, that an airman purchasing his discharge shall pay £30 in his first year of service,plus unexpired value of uniform and kit. The rates approved decrease from £30 in the first year to £4 in the sixth year of service.
- These conditions have been approved by the Air Board and Air Council and steps are being taken for their gazettal as Regulations under the Defence Act, pending the passing of the Air Defence Act. It is expected that these will be gazetted shortly.
- In the meantime some members of the Air Force are purchasing their discharges and the amounts charged them are as laid down in A. M. Regulation 327 and not as provided by the Air Council and Air Board.
Verbal advice was received from an officer of your Department that the correct procedure was to act under A. M. Regulation 327 until such time as the Regulations were amended to provide for the increased scale approved by the Air Council and Air Board, and I am directed to ask if the verbal advice may now be confirmed.
The Royal Australian Air Force is part of the Military Forces. In the absence of special provision for members of that Force the provisions of the Act and Regulations relating to the Military Forces generally apply, in my opinion, to those members.
I am, therefore, of opinion that the verbal advice referred to above is correct.
[Vol. 19, p. 243]