AIR FORCE.
No. 15 of 1952.
An Act to amend the Air Force Act 1923–1950.
[Assented to 30th May, 1952.]
BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Air Force Act 1952.
(2.) The Air Force Act 1923–1950 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Air Force Act 1923–1952.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Establishment of Air Force and application of Defence Act thereto.
3. Section three of the Principal Act is amended—
(a) by omitting from sub-section (3.) the words “ and Parts IV. to XIV.” and inserting in their stead the words “, Part IV. and Parts VI. to XI.”; and
(b) by omitting the second proviso to sub-section (3.) and inserting in its stead the following proviso:—
“Provided further that, notwithstanding anything contained in this or any other Act, a person called upon to serve in the Citizen Forces under section sixty of the Defence Act shall not be required, unless he voluntarily agrees to do so, to enlist or serve in the Air Force.”.
Limits of service.
4. Section four of the Principal Act is amended by inserting in the proviso to sub-section (1.), after the word “only” the words “, and no person called up in accordance with the National Service Acts 1951 for service with the Citizen Air Force,”.
Overview
The Air Force Act 1952 was enacted to amend the existing Air Force Act 1923–1950, thereby addressing the need for updating and refining the legal framework governing the Australian Air Force. This legislation was introduced to ensure that the Air Force Act remained relevant and effective in the context of evolving defence requirements and national circumstances. Enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, the Act aimed to provide a more streamlined and precise governance structure for the Air Force. By modifying specific sections of the Principal Act, the 1952 amendments sought to better integrate the Air Force within the broader Defence Act framework while also clarifying the service obligations of individuals called upon to serve in the Citizen Forces. The policy objective was to maintain a robust and capable Air Force that could respond to the nation’s defence needs effectively.
Scope and Application
The Air Force Act 1952 amends the Air Force Act 1923–1950, consolidating and updating the legal framework governing the Australian Air Force. This legislation applies to individuals and entities involved with the Air Force, including those called upon to serve under the Defence Act, and explicitly states that those conscripted for service under the National Service Acts 1951 for the Citizen Air Force are not required to enlist unless they voluntarily agree to do so. Geographically, the Act applies nationally within Australia and is administered under the Commonwealth jurisdiction. The scope of the Act is further defined through subordinate instruments that may extend or restrict its application, although specific details of such instruments are not outlined in the text of the Act itself. This Act came into operation immediately upon receiving Royal Assent, ensuring prompt implementation and alignment with the contemporary needs of the Australian Air Force.
Key Provisions
The Air Force Act 1952 introduces several key amendments to the existing Air Force Act 1923–1950. Section 3 of the Principal Act is notably amended to adjust the scope of the Act’s application. Specifically, the new Act excludes Parts IV to XIV of the Principal Act and includes Part IV and Parts VI to XI, thereby reconfiguring the legal framework governing the Air Force. Additionally, Section 4 introduces a proviso that ensures individuals called upon to serve in the Citizen Forces under the Defence Act are not required to enlist or serve in the Air Force unless they voluntarily agree to do so.
The amendments place certain obligations on individuals and the Air Force administration. For instance, Section 3’s amendment stipulates that persons called up under the National Service Acts 1951 for service with the Citizen Air Force are explicitly excluded from mandatory enlistment or service in the Air Force, unless they choose to volunteer. This provision aims to safeguard the personal choices of individuals regarding their service commitments.
Failure to comply with the requirements and provisions set out in the Air Force Act 1952 may result in various legal consequences. Although the Act does not explicitly state penalties for breaches, any non-compliance could potentially lead to legal actions under related statutes, such as the Defence Act and the National Service Acts 1951. The consequences might include civil liabilities or administrative penalties, depending on the nature and severity of the breach.
In summary, the Air Force Act 1952 modifies the scope and application of the Principal Act by altering its coverage and including new provisions regarding the enlistment and service of individuals in the Air Force. These amendments impose specific obligations on individuals and the Air Force, with potential legal ramifications for non-compliance.