Air Force Amendment Act 1979
No. 134 of 1979
An Act to amend the Air Force Act 1923.
BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the Air Force Amendment Act 1979.
(2) The Air Force Act 1923 is in this Act referred to as the Principal Act.
Commencement
2. (1) Subject to sub-section (2), this Act shall come into operation on the day on which it receives the Royal Assent.
(2) Sub-section 4(1) and section 6 shall come into operation on the day on which sub-section 6(1) of the Defence Amendment Act 1979 comes into operation.
Application of DefenceAct
3. Section 3 of the Principal Act is amended by adding at the end thereof the following sub-sections:
“(2) Subject to this Act, Part IIIa of the Defence Act applies to and in relation to the Air Force and the members of that Force.
“(3) In sub-section (2), a reference to this Act does not include a reference to the regulations.”.
Air Training Corps
4. (1) Section 8 of the Principal Act is amended by omitting paragraphs (a) to (e) (inclusive) of sub-section (7) and substituting the following paragraphs:
“(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.”.
(2) Section 8 of the Principal Act is amended by inserting in sub-section (9) “, to any determinations in force under section 58b of the Defence Act” after “regulations”.
Formal amendments
5. The Principal Act is amended as set out in the Schedule to this Act.
Saving
6. Notwithstanding the amendment made by sub-section 4(1), the regulations that were in force under the Air Force Act 1923 immediately before the date (in this section referred to as the “relevant date”) of commencement of this section (including any such regulations as amended by determinations made under section 12 of the Defence Amendment Act 1979) and any determinations, directions or approvals that were in force under those regulations immediately before the relevant date shall, to the extent that they are not inconsistent with the Air Force Act 1923 as in force on the relevant date, continue in force on and after the relevant date as if those regulations had been made under the last-mentioned Act as so in force.
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SCHEDULE Section 5
FORMAL AMENDMENTS
Provision Amended | Omit— | Substitute— |
Section 2 (definition of “the Defence Act”) | 1903-1964................. | 1903 |
Section 2 (definition of “the Naval Defence Act”) | 1910-1964................. | 1910 |
Section 2 (definition of “this Act”) | the Air Force Act 1923-1964..... | this Act |
Section 4a.............. | three..................... | 3 |
Section 4e.............. | Defence Act 1903-1965......... | Defence Act |
Sub-section 4h(3)......... | the last preceding sub-section..... | sub-section (2) |
Sub-section 4h(4)......... | twelve.................... | 12 |
| the last preceding sub-section..... | sub-section (3) |
Sub-section 4h(5)......... | the last preceding sub-section..... | sub-section (4) |
Overview
The Air Force Amendment Act 1979 (No. 134 of 1979) was enacted to amend the Air Force Act 1923, addressing the need to modernise and align the Air Force's governance and operational structure with broader defence regulations. This Act was passed by the Queen, in accordance with the authority of the Senate and House of Representatives of the Commonwealth of Australia, aiming to integrate the Air Force more closely with the Defence Act and other relevant legislation. The policy objective behind this amendment was to streamline the administration and service conditions of Air Force members, ensuring consistency with the Defence Act and other relevant provisions.
This legislative amendment sought to rectify inconsistencies and gaps within the Air Force Act 1923 by incorporating provisions from the Defence Act and making formal adjustments to terminology and definitions. By doing so, it aimed to enhance the coherence and efficiency of the Air Force's operational framework, ensuring that service conditions, promotions, and other relevant aspects align with overarching defence policies. The Act also included provisions to maintain existing regulations and determinations unless they conflicted with the updated Air Force Act, ensuring a smooth transition and continuity in service delivery.
Scope and Application
The Air Force Amendment Act 1979 is a legislative instrument that amends the Air Force Act 1923, impacting the Australian Defence Force's Air Force and its members. The Act applies to the Air Force and its members, encompassing their conduct and transactions as per the Defence Act. The geographic and jurisdictional reach of this Act is national, as it pertains to the Commonwealth of Australia. The Act does not specify any exclusions or exemptions but does reference thresholds or conditions through subordinate instruments. Additionally, certain sections of the Act have specific commencement dates, with some provisions taking effect on the day the Defence Amendment Act 1979 comes into operation. The Air Force Amendment Act 1979 modifies the Air Force Act 1923 by integrating provisions from the Defence Act to govern the Air Force and its members more effectively.
Key Provisions
The Air Force Amendment Act 1979 (C2004A02144) amends the Air Force Act 1923 in several key ways. Firstly, Section 3 of the Principal Act is amended to include the application of Part IIIa of the Defence Act to the Air Force and its members, with the exception of regulations (Section 3(2) and (3)). This ensures that certain defence provisions are applicable to the Air Force, facilitating a more cohesive approach to military governance. Secondly, Section 8 of the Principal Act is revised to focus on the periods and conditions of service for members, as well as their promotion, while also making explicit reference to any determinations under section 58b of the Defence Act (Section 8(7) and (9)). These changes streamline the governance of service conditions and promotions within the Air Force.
The Act imposes several obligations on the Air Force and its members. Most notably, it mandates that the conditions of service, excluding those subject to Defence Act determinations, and the promotion of members are now subject to the Defence Act (Section 3(2)). This requirement ensures that the Air Force operates under a unified set of rules, enhancing consistency and efficiency across the defence forces. Additionally, the Act specifies that any determinations made under section 58b of the Defence Act are to be considered alongside Air Force regulations (Section 8(9)). This integration ensures that all aspects of service and promotion are governed by a coherent legal framework.
Breaches of the provisions set out in the Air Force Amendment Act 1979 can lead to both civil and criminal consequences. While specific offences and penalties are not detailed within the text of the Act itself, violations of the Defence Act, to which the Air Force is now subject, could result in penalties as prescribed by that Act. The Defence Act may include provisions for fines, imprisonment, or other penalties depending on the nature and severity of the breach. It is essential for all parties governed by this Act to adhere strictly to the amended provisions to avoid any legal repercussions.