Air Force Act 1923
No. 33, 1923
Compilation No. 11
Compilation date: 1 July 2016
Includes amendments up to: Act No. 120, 2015
Registered: 2 December 2016
About this compilation
This compilation
This is a compilation of the Air Force Act 1923 that shows the text of the law as amended and in force on 1 July 2016 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Short title
2 Interpretation
4 Extension of Act to Territories
4A Australian Air Force
4B Permanent Air Force
4C Air Force Reserve
4E Voluntary entry
4F Territorial limits of service
4G Service of the Permanent Air Force
4H Flexible service arrangements for members of the Permanent Air Force
4J Service of the Air Force Reserve
8 Australian Air Force Cadets
8A Delegation
9 Regulations
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Editorial changes
An Act relating to Air Defence
1 Short title
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…
Overview
The Air Force Act 1923 was enacted by the Australian Parliament to establish and regulate the Australian Air Force. The Act aimed to address the need for a structured and legally defined framework governing the organisation, service, and administration of the Air Force. The Parliament of Australia is the enacting body of this legislation. The policy objective was to provide a comprehensive legal basis for the establishment and operations of the Australian Air Force, ensuring that it could be effectively mobilised and managed in accordance with national defence requirements. The Act laid down provisions for the composition, service obligations, and administrative arrangements of both the Permanent Air Force and the Air Force Reserve, alongside regulations for the Australian Air Force Cadets.
Scope and Application
The Air Force Act 1923 governs the Australian Air Force, which includes the Permanent Air Force and the Air Force Reserve. This Act applies to the Commonwealth of Australia and extends to every Territory under the Act. It regulates the composition, service obligations, and administration of the Australian Air Force and its components. The Act mandates that the Air Force be maintained through the voluntary enlistment of persons who meet the acceptance criteria. Members of the Air Force may be required to serve both within and beyond Australia's territorial limits. The Permanent Air Force members are obligated to provide continuous full-time service, while the Air Force Reserve members are required to participate in specified training periods and may undertake additional voluntary service. The Act also addresses the administration and regulations of the Australian Air Force Cadets, who are not members of the Air Force despite their training affiliations. The Act allows for the delegation of certain powers by the Chief of Air Force and the Chief of the Defence Force. The Governor-General has the authority to make regulations necessary for the governance and operation of the Air Force and its members. This Act's provisions can be modified through subordinate instruments, and it incorporates amendments up to Act No. 120, 2015, as reflected in this compilation dated 1 July 2016.
Key Provisions
- The Air Force Act 1923 (the Act) establishes the framework for the Australian Air Force, including its composition, service requirements, and the administration of the Australian Air Force Cadets. Section 4A defines the Australian Air Force as comprising the Permanent Air Force and the Air Force Reserve. Section 4B specifies that the Permanent Air Force includes officers and airmen appointed to or enlisted in the force, as well as those transferred from the Air Force Reserve, Australian Navy, or Australian Army. Section 4C similarly defines the Air Force Reserve as comprising officers and airmen appointed to or enlisted in the reserve, and those transferred from the Permanent Air Force, Australian Navy, or Australian Army. Section 4E mandates that the Air Force is maintained by the voluntary enlistment of accepted persons, except as provided by the Defence Act 1903.
- The Act imposes specific obligations on the parties it governs. Section 4G requires members of the Permanent Air Force to render continuous full-time service. Section 4H allows the Chief of Air Force to determine classes of Permanent Air Force members eligible for flexible service, specifying the period or pattern of such service. Members can apply in writing to render flexible service, and the Chief of Air Force can approve or refuse these applications, varying or revoking determinations as necessary. Section 4J details that Air Force Reserve members are not bound to continuous full-time service except under specific conditions, such as call-out orders under the Defence Act, and mandates training periods set by regulations.
- The Act also outlines consequences for non-compliance. While the Act itself does not explicitly state offences or penalties, breaches of service obligations or regulations could result in disciplinary actions under the Defence Force Discipline Act 1982 or other relevant legislation. These actions might include fines, imprisonment, or other penalties as prescribed by applicable laws. Furthermore, failure to comply with service requirements or regulations could lead to administrative consequences, such as dismissal from service or loss of benefits.
- Area of Law
- Defence & Security Law
- Administrative Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Delegation
- Enforcement Powers
- Regulations
- Licensing & Registration
- Offence Provisions