[pic] Air Force Act 1923 Act No. 33 of 1923 as amended This compilation was prepared on 1 March 2012 taking into account amendments up to Act No. 183 of 2011 The text of any of those amendments not in force on that date is appended in the Notes section The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section Prepared by the Office of Legislative Drafting and Publishing, Attorney-General's Department, Canberra Contents 1 Short title [see Note 1] 1 2 Interpretation 1 4 Extension of Act to Territories 1 4A Australian Air Force 1 4B Permanent Air Force 1 4C Air Force Reserve 2 4E Voluntary entry 2 4F Territorial limits of service 2 4G Service of the Permanent Air Force 2 4J Service of the Air Force Reserve 2 8 Australian Air Force Cadets 3 8A Delegation 5 9 Regulations 6 Notes 7 An Act relating to Air Defence 1 Short title [see Note 1] This Act may be cited as the Air Force Act 1923. 2 Interpretation In this Act unless the contrary intention appears: the Defence Act means the Defence Act 1903. the Naval Defence Act means the Naval Defence Act 1910. time of defence emergency, time of war and war have the same meanings respectively as in the Defence Act. 4 Extension of Act to Territories This Act extends to every Territory. 4A Australian Air Force The Australian Air Force consists of 2 parts: (a) the Permanent Air Force; and (b) the Air Force Reserve. 4B Permanent Air Force The Permanent Air Force consists of: (a) officers appointed to, and airmen enlisted in, the Permanent Air Force; and (b) officers and airmen transferred to the Permanent Air Force from: (i) the Air Force Reserve; or (ii) the Australian Navy; or (iii) the Australian Army. 4C Air Force Reserve The Air Force Reserve consists of: (a) officers appointed to, and airmen enlisted in, the Air Force Reserve; and (b) officers and airmen transferred to the Air Force Reserve from: (i) the Permanent Air Force; or (ii) the Australian Navy; or (iii) the Australian Army. 4E Voluntary entry Except as provided by Part IV of the Defence Act, the Air Force shall be kept up by the appointment to that Force, or the enlistment in that Force, of persons who volunteer and are accepted for service in that Force. 4F Territorial limits of service Members of the Air Force may be required to render air-force service on land or sea or in the air, and either within or beyond the territorial limits of Australia. 4G Service of the Permanent Air Force Members of the Permanent Air Force are bound to render continuous full time air-force service. 4J Service of the Air Force Reserve (1) A member of the Air Force Reserve is not bound to render continuous full time air-force service otherwise than: (a) as provided in this section; or (b) as a result of a call out order under section 50D, 51A, 51AA, 51AB, 51B, 51C or 51CA of the Defence Act. (2) The regulations must set, or provide for the setting of, training periods for the Air Force Reserve. Note: Different training periods may be set for different parts of the Air Force Reserve or for different classes of members of the Air Force Reserve: see subsection 33(3A) of the Acts Interpretation Act 1901. (2A) A member of the Air Force Reserve is bound to render, in each training period, air-force service (other than continuous full time air-force service) for such periods as are set by or under the regulations. However, a member may be exempted by or under the regulations from the obligation to render all, or a specified part, of that service. Note: Different service may be required of different parts of the Air Force Reserve, or of different classes of members of the Air Force Reserve, or in different periods: see subsection 33(3A) of the Acts Interpretation Act 1901. (3) A member of the Air Force Reserve may, at any time, voluntarily undertake to render continuous full time air-force service for a period specified by him and, if that undertaking is accepted, he is bound to render that form of service for that specified period, or for such period or periods within that specified period, as the Chief of Air Force directs. (4) A member of the Air Force Reserve may at any time voluntarily undertake to render air-force service, other than continuous full time air-force service, for a period or periods specified by him, and, if that undertaking is accepted, the member is bound to render air-force service in accordance with that undertaking or for such period or periods within that specified period, or within those specified periods, as the case may be, as the Chief of Air Force directs. 8 Australian Air Force Cadets (1) The body known immediately before the commencement of this subsection as the Air Training Corps is continued in existence with the new name, Australian Air Force Cadets. Constitution of the Australian Air Force Cadets (2) The Australian Air Force Cadets consists of: (a) persons appointed in accordance with the regulations to be officers in that body; (b) persons appointed in accordance with the regulations to be instructors in that body; and (c) subject to subsections (5) and (6), persons who volunteer, and are accepted, in accordance with the regulations as cadets in that body. Relationship to the Air Force (3) A person appointed to be an officer or instructor in the Australian Air Force Cadets does not become a member of the Air Force by virtue of that appointment. (4) A cadet in the Australian Air Force Cadets is not a member of the Air Force. Age requirements for cadets (5) A person is not entitled to volunteer, or to be accepted, as a cadet unless he or she: (a) has attained such age as is prescribed; and (b) has not attained the age of 20 years. (6) A person ceases to be a cadet when he or she attains the age of 21 years or such lower age as is prescribed. Regulations about the Australian Air Force Cadets (7) The regulations may make provision for and in relation to the organization, maintenance, regulation, control and discipline of the Australian Air Force Cadets, and, in particular, for and in relation to: (a) the periods and conditions of service of members, other than conditions of service with respect to which determinations under section 58B of the Defence Act may be made; and (b) the promotion of members. (8) In subsection (7), member means an officer, instructor or cadet in the Australian Air Force Cadets. Administration of the Australian Air Force Cadets (9) Subject to the regulations, to any determinations in force under section 58B of the Defence Act, to any directions of the Minister and to any directions of the Chief of the Defence Force, the Chief of Air Force is to administer the Australian Air Force Cadets. (10) A direction of the Chief of the Defence Force under subsection (9) is subject to, and must be in accordance with, any directions of the Minister. 8A Delegation Delegation by the Chief of Air Force (1) The Chief of Air Force may, by instrument in writing, delegate to an officer of the Air Force all or any of his or her powers under section 4J. Delegation by the Chief of the Defence Force (1A) The Chief of the Defence Force may, by instrument in writing, delegate to the Vice Chief of the Defence Force his or her power under subsection 8(9). General provisions about delegations (2) A delegation under this section may be made either generally or as otherwise provided in the instrument of delegation. (3) A power delegated under this section shall, when exercised by the delegate, be deemed, for the purposes of this Act, to have been exercised by the person who made the delegation. (3A) The delegate is, in the exercise of a power delegated under this section, subject to the directions of the person who made the delegation. (4) A delegation under this section does not prevent the exercise of a power by the person who made the delegation. (5) A delegation under this section continues in force notwithstanding a change in the occupancy of, or a vacancy in, the office of the person who made the delegation. (6) A document purporting to be a copy of an instrument of delegation under this section and purporting to bear the signature, or a facsimile of the signature, of the person who made the delegation and an endorsement in writing that the delegation is, or was on a specified date, in force, is, upon mere production in a court or otherwise for any purpose arising under this Act, prima facie evidence that the delegation was duly made in the terms set out in the document and is, or was on the date specified, in force. 9 Regulations The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for securing the good government of the Air Force and the members thereof, whether within or beyond the limits of Australia, or for carrying out or giving effect to this Act. Notes to the Air Force Act 1923 Note 1 The Air Force Act 1923 as shown in this compilation comprises Act No. 33, 1923 amended as indicated in the Tables below. All relevant information pertaining to application, saving or transitional provisions prior to 22 March 2001 is not included in this compilation. For subsequent information see Table A. Table of Acts |Act |Number |Date |Date of |Applica| | |and year|of Assent|commencement|tion, | | | | | |saving | | | | | |or | | | | | |transit| | | | | |ional | | | | | |provisi| | | | | |ons | |Air Force Act |33, 1923|1 Sept |1 Sept 1923 | | |1923 | |1923 | | | |Air Force Act |74, 1939|15 Dec |15 Dec 1939 |S. 7 | |1939 | |1939 | | | |Air Force Act |12, 1941|7 Apr |5 May 1941 |- | |1941 | |1941 | | | |Statute Law |80, 1950|16 Dec |31 Dec 1950 |- | |Revision Act | |1950 | | | |1950 | | | | | |Air Force Act |15, 1952|30 May |30 May 1952 |- | |1952 | |1952 | | | |Air Force Act |73, 1956|29 Oct |29 Oct 1956 |- | |1956 | |1956 | | | |Air Force Act |94, 1964|6 Nov |6 Nov 1964 |Ss. | |1964 | |1964 | |4(2), 5| | | | | |and 6 | |Air Force Act |50, 1965|7 June |S. 3: |S. 2(2)| |1965 | |1965 |17 Sept 1970| | | | | |(see Gazette| | | | | |1970, p. | | | | | |5690) | | | | | |Remainder: | | | | | |Royal Assent| | |Statute Law |216, |19 Dec |31 Dec 1973 |Ss. | |Revision Act |1973 |1973 | |9(1) | |1973 | | | |and 10 | |Defence Force |96, 1975|9 Sept |Ss. 90-92 |S. | |Re-organization | |1975 |and 96: |95(1), | |Act 1975 | | |28 Oct 1975 |(2), | | | | |(see Gazette|(4) and| | | | |1975, |(5) | | | | |No. G42, |S. | | | | |p. 2) (a) |95(3) | | | | |Ss. 93 and |(am. by| | | | |95: 9 Feb |164, | | | | |1976 (see |1984, | | | | |Gazette |s. 120)| | | | |1975, | | | | | |No. G42, | | | | | |p. 2) (a) | | | | | |S. 94: | | | | | |8 Sept 1980 | | | | | |(see Gazette| | | | | |1980, | | | | | |No. G34, | | | | | |p. 2) (a) | | |as amended by | | | | | |Defence |164, |25 Oct |S. 120: |- | |Legislation |1984 |1984 |Royal Assent| | |Amendment Act | | |(b) | | |1984 | | | | | |Air Force |138, |2 Dec |Ss. 3 and 4:|Ss. 4 | |Amendment Act |1976 |1976 |29 July 1977|and 5 | |1976 | | |(see Gazette| | | | | |1977, | | | | | |No. S151) | | | | | |Remainder: | | | | | |Royal Assent| | |Air Force |134, |23 Nov |Ss. 4(1) and|S. 6 | |Amendment Act |1979 |1979 |6: 1 Jan | | |1979 | | |1985 (see | | | | | |s. 2(2) and | | | | | |Gazette | | | | | |1981, | | | | | |No. S273, | | | | | |p. 2) | | | | | |Remainder: | | | | | |Royal Assent| | |Statute Law |61, 1981|12 June |Part III |S. 13 | |Revision Act | |1981 |(ss. 5-13): | | |1981 | | |30 Sept 1983| | | | | |(see Gazette| | | | | |1983, | | | | | |No. S222) | | | | | |(c) | | |Defence Force |153, |31 Dec |3 July 1985 |- | |(Miscellaneous |1982 |1982 |(see s. 2(2)| | |Provisions) Act | | |and Gazette | | |1982 | | |1985, | | | | | |No. S255) | | |Defence |164, |25 Oct |Part II (ss.|- | |Legislation |1984 |1984 |3-7): 22 Nov| | |Amendment Act | | |1984 (d) | | |1984 | | | | | |Defence |65, 1987|5 June |Ss. 3 and 9:|- | |Legislation | |1987 |Royal Assent| | |Amendment Act | | |(e) | | |1987 | | |Ss. 4-8: | | | | | |1 July 1988 | | | | | |(see Gazette| | | | | |1988, | | | | | |No. S173) | | | | | |(e) | | |Defence |104, |6 Dec |Part II (ss.|- | |Legislation |1988 |1988 |3, 4): Royal| | |Amendment Act | | |Assent (f) | | |(No. 2) 1988 | | | | | |Defence |1, 1997 |19 Feb |Schedules 1 |- | |Legislation | |1997 |and 3: | | |Amendment Act | | |30 Apr 1997 | | |(No. 1) 1997 | | |(see Gazette| | | | | |1997, No. | | | | | |S91) | | | | | |Remainder: | | | | | |Royal Assent| | |Defence |119, |12 Sept |12 Sept 2000|- | |Legislation |2000 |2000 | | | |Amendment (Aid | | | | | |to Civilian | | | | | |Authorities) Act| | | | | |2000 | | | | | |Defence |10, 2001|22 Mar |Schedule 2 |Sch. 2 | |Legislation | |2001 |(items 1-6, |(items | |Amendment | | |94, 95): |94, 95)| |(Enhancement of | | |19 Apr 2001 |[see | |the Reserves and| | |(g) |Table | |Modernisation) | | | |A] | |Act 2001 | | | | | |Defence |135, |17 Dec |Schedule 2 |Sch. 2 | |Legislation |2003 |2003 |(items 1-8):|(item 8| |Amendment Act | | |17 June 2004|) [see | |2003 | | | |Table | | | | | |A] | |Defence |3, 2006 |1 Mar |2 Mar 2006 |- | |Legislation | |2006 | | | |Amendment (Aid | | | | | |to Civilian | | | | | |Authorities) Act| | | | | |2006 | | | | | |Defence |183, |6 Dec |Schedule 1 |- | |Legislation |2011 |2011 |(items 1-16)| | |Amendment Act | | |: 1 Mar 2012| | |2011 | | |(see | | | | | |F2012L00395)| | (a) The Air Force Act 1923 was amended by sections 90-96 only of the Defence Force Re-organization Act 1975, section 2 of which provides as follows: 2 This Part shall come into operation on the day on which this Act receives the Royal Assent, and the remaining provisions of this Act shall come into operation on such date as is, or such respective dates as are, fixed by Proclamation. (b) The Defence Force Re-organization Act 1975 was amended by section 120 only of the Defence Legislation Amendment Act 1984, subsection 2(2) of which provides as follows: (2) Section 1, this section and sections 16, 17, 18, 19 and 120 and Part XIV shall come into operation on the day on which this Act receives the Royal Assent. (c) The Air Force Act 1923 was amended by Part III (sections 5-13) only of the Statute Law Revision Act 1981, subsection 2(2) of which provides as follows: (2) Parts III, X and XV and section 116 shall come into operation on a date to be fixed by Proclamation. (d) The Air Force Act 1923 was amended by Part II (sections 3-7) only of the Defence Legislation Amendment Act 1984, subsection 2(1) of which provides as follows: (1) Subject to this section, this Act shall come into operation on the twenty-eighth day after the day on which it receives the Royal Assent. (e) The Air Force Act 1923 was amended by sections 3-9 only of the Defence Legislation Amendment Act 1987, subsections 2(1) and (6) of which provide as follows: (1) Sections 1, 2, 3, 9 and 10, subsection 13(1), sections 23, 2 4 and 25, subsection 26(1), sections 27, 29, 31, 33, 34, 35, 36, 42, 43, 44, 45, 52, 53, 54, 55 and 58, subsection 61(1), section 62, subsection 69(1) and Parts IX and X shall come into operation on the day on which this Act receives the Royal Assent. (6) The remaining provisions of this Act shall come into operation on such day as is, or on such respective days as are, fixed by Proclamation." (f) The Air Force Act 1923 was amended by Part II (sections 3, 4) only of the Defence Legislation Amendment Act (No. 2) 1988, subsection 2(1) of which provides as follows: (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent. (g) The Air Force Act 1923 was amended by Schedule 2 (items 1-6) only of the Defence Legislation Amendment (Enhancement of the Reserves and Modernisation) Act 2001, subsection 2(1) of which provides as follows: (1) Subject to this section, this Act commences on the 28th day after the day on which it receives the Royal Assent. Table of Amendments |ad. = added or inserted am. = amended rep. = | |repealed rs. = repealed and substituted | |Provision affected|How affected | |Title |rs. No. 96, 1975 | |S. 2 |am. No. 74, 1939 | | |rs. No. 94, 1964 | | |am. No. 134, 1979; No. 153, 1982; | | |No. 104, 1988 | |S. 3 |am. No. 74, 1939; No. 15, 1952 | | |rs. No. 94, 1964 | | |am. No. 50, 1965; No. 96, 1975; | | |No. 134, 1979 | | |rep. No. 153, 1982 | |S. 4 |ad. No. 74, 1939 | | |am. No. 15, 1952 | | |rs. No. 94, 1964 | | |am. No. 216, 1973 | |S. 4A |ad. No. 94, 1964 | | |am. No. 96, 1975; No. 134, 1979; | | |No. 61, 1981 | | |rs. No. 10, 2001 | |Ss. 4B, 4C |ad. No. 94, 1964 | | |am. No. 61, 1981 | | |rs. No. 65, 1987 | | |am. No. 1, 1997 | | |rs. No. 10, 2001 | |S. 4D |ad. No. 94, 1964 | | |rs. No. 61, 1981 | | |am. No. 65, 1987; No. 1, 1997 | | |rep. No. 10, 2001 | |S. 4E |ad. No. 94, 1964 | | |rs. No. 50, 1965 | | |am. No. 134, 1979 | |S. 4F |ad. No. 94, 1964 | |S. 4G |ad. No. 94, 1964 | | |am. No. 61, 1981; No. 65, 1987; | | |No. 183, 2011 | |S. 4H |ad. No. 94, 1964 | | |am. No. 134, 1979; No. 61, 1981; | | |No. 164, 1984 | | |rs. No. 65, 1987 | | |am. No. 1, 1997; No. 119, 2000 | | |rep. No. 10, 2001 | |S. 4HA |ad. No. 164, 1984 | | |am. No. 1, 1997 | | |rep. No. 10, 2001 | |Heading to s. 4J |am. No. 10, 2001 | |S. 4J |ad. No. 94, 1964 | | |am. No. 96, 1975; No. 61, 1981; | | |No. 164, 1984; No. 65, 1987; | | |No. 119, 2000; No. 10, 2001; No. 3, | | |2006 | |S. 5 |ad. No. 74, 1939 | | |am. No. 73, 1956 | | |rep. No. 153, 1982 | |S. 6 |ad. No. 74, 1939 | | |rep. No. 96, 1975 | |S. 7 |ad. No. 74, 1939 | | |am. No. 216, 1973 | | |rep. No. 96, 1975 | |Heading to s. 8 |rs. No. 135, 2003 | |Subheads. to s. |ad. No. 183, 2011 | |8(2), (3) | | |Subhead. to s. |ad. No. 183, 2011 | |8(5) | | |Subhead. to s. |ad. No. 183, 2011 | |8(7) | | |Subhead. to s. |ad. No. 183, 2011 | |8(9) | | |S. 8 |ad. No. 74, 1939 | | |am. No. 12, 1941 | | |rep. No. 80, 1950 | | |ad. No. 138, 1976 | | |am. No. 134, 1979; No. 1, 1997; | | |No. 135, 2003; No. 183, 2011 | |Subhead. to s. |ad. No. 183, 2011 | |8A(1) | | |Subhead. to s. |ad. No. 183, 2011 | |8A(2) | | |S. 8A |ad. No. 164, 1984 | | |am. No. 65, 1987; No. 1, 1997; | | |No. 10, 2001; No. 183, 2011 | |S. 9 |ad. No. 74, 1939 | | |am. No. 96, 1975; No. 153, 1982 | Table A Application, saving or transitional provisions Defence Legislation Amendment (Enhancement of the Reserves and Modernisation) Act 2001 (No. 10, 2001) Schedule 2 94 Saving-old regulations (1) Regulations that were in effect under any Act immediately before the commencement of this item continue to have effect after that time as if members of an arm of the Defence Force who were members of a particular part or component of that arm immediately before the commencement of this item were still members of that part or component after that time, even if that part or component no longer exists. Example: Assume that, immediately before the commencement of this item, regulations imposed training obligations on members of the Air Force Specialist Reserve. Those obligations would continue to apply to former members of that Reserve after commencement, even though the Air Force Specialist Reserve itself is no longer mentioned in the Air Force Act 1923 and the members have now become members of the Air Force Reserve. (2) However, regulations that continue in effect under this item do so only to the extent that they are not amended or revoked by later regulations. 95 Regulations about transitional matters (1) The regulations may make provision in relation to other saving and transitional matters in connection with the amendments made by this Schedule. (2) In particular, such regulations may deal with the status, after the commencement of the amendments, of persons who were members of the Defence Force immediately before that time. (3) Subitem (2) does not limit the scope of subitem (1). Defence Legislation Amendment Act 2003 (No. 135, 2003) Schedule 2 8 Transitional-Australian Air Force Cadets To avoid doubt: (a) appointments to the Air Training Corps in force under paragraph 8(2)(a) or (b) of the Air Force Act 1923 immediately before the commencement of item 1 of this Schedule continue to have effect after that commencement as if they were appointments to the Australian Air Force Cadets; and (b) persons who are cadets in the Air Training Corps under section 8 of the Air Force Act 1923 immediately before the commencement of item 1 of this Schedule continue as cadets in the Australian Air Force Cadets after that commencement, subject to the limitations imposed by that section (as amended).