An Act relating to Air Defence

This Act may be cited as the Air Force Act 1923.

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

(1) 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.

(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.

(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.

(5) A person is not entitled to volunteer, or to be accepted, as a cadet unless he:

(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 attains the age of 21 years or such lower age as is prescribed.

(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.

(9) Subject to the regulations, to any determinations in force under section 58B of the Defence Act and to the directions of the Minister, the Chief of Air Force shall administer the Australian Air Force Cadets.

8A Delegation

(1) The Chief of Air Force may, by instrument in writing, delegate to an officer of the Air Force all or any of his powers under section 4J.

(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 Chief of Air Force.

(3A) The delegate is, in the exercise of a power delegated under this section, subject to the directions of the Chief of Air Force.

(4) A delegation under this section does not prevent the exercise of a power by the Chief of Air Force.

(5) A delegation under this section continues in force notwithstanding a change in the occupancy of, or a vacancy in, the office of Chief of Air Force.

(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 Chief of Air Force 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 and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Air Force Act 1923	33, 1923	1 Sept 1923	1 Sept 1923
Air Force Act 1939	74, 1939	15 Dec 1939	15 Dec 1939	S. 7
Air Force Act 1941	12, 1941	7 Apr 1941	5 May 1941	—
Statute Law Revision Act 1950	80, 1950	16 Dec 1950	31 Dec 1950	—
Air Force Act 1952	15, 1952	30 May 1952	30 May 1952	—
Air Force Act 1956	73, 1956	29 Oct 1956	29 Oct 1956	—
Air Force Act 1964	94, 1964	6 Nov 1964	6 Nov 1964	Ss. 4(2), 5 and 6
Air Force Act 1965	50, 1965	7 June 1965	S. 3: 17 Sept 1970 (see Gazette 1970, p. 5690) Remainder: Royal Assent	S. 2(2)
Statute Law Revision Act 1973	216, 1973	19 Dec 1973	31 Dec 1973	Ss. 9(1) and 10
Defence Force Re-organization Act 1975	96, 1975	9 Sept 1975	Ss. 90–92 and 96: 28 Oct 1975 (see Gazette 1975, No. G42, p. 2) (a) Ss. 93 and 95: 9 Feb 1976 (see Gazette 1975, No. G42, p. 2) (a) S. 94: 8 Sept 1980 (see Gazette 1980, No. G34, p. 2) (a)	S. 95(1), (2), (4) and (5) S. 95(3) (am. by 164, 1984, s. 120)
as amended by
Defence Legislation Amendment Act 1984	164, 1984	25 Oct 1984	S. 120: Royal Assent (b)	—
Air Force Amendment Act 1976	138, 1976	2 Dec 1976	Ss. 3 and 4: 29 July 1977 (see Gazette 1977, No. S151) Remainder: Royal Assent	Ss. 4 and 5
Air Force Amendment Act 1979	134, 1979	23 Nov 1979	Ss. 4(1) and 6: 1 Jan 1985 (see s. 2(2) and Gazette 1981, No. S273, p. 2) Remainder: Royal Assent	S. 6
Statute Law Revision Act 1981	61, 1981	12 June 1981	Part III (ss. 5–13): 30 Sept 1983 (see Gazette 1983, No. S222) (c)	S. 13
Defence Force (Miscellaneous Provisions) Act 1982	153, 1982	31 Dec 1982	3 July 1985 (see s. 2(2) and Gazette 1985, No. S255)	—
Defence Legislation Amendment Act 1984	164, 1984	25 Oct 1984	Part II (ss. 3–7): 22 Nov 1984 (d)	—
Defence Legislation Amendment Act 1987	65, 1987	5 June 1987	Ss. 3 and 9: Royal Assent (e) Ss. 4–8: 1 July 1988 (see Gazette 1988, No. S173) (e)	—
Defence Legislation Amendment Act (No. 2) 1988	104, 1988	6 Dec 1988	Part II (ss. 3, 4): Royal Assent (f)	—
Defence Legislation Amendment Act (No. 1) 1997	1, 1997	19 Feb 1997	Schedules 1 and 3: 30 Apr 1997 (see Gazette 1997, No. S91) Remainder: Royal Assent	—
Defence Legislation Amendment (Aid to Civilian Authorities) Act 2000	119, 2000	12 Sept 2000	12 Sept 2000	—
Defence Legislation Amendment (Enhancement of the Reserves and Modernisation) Act 2001	10, 2001	22 Mar 2001	Schedule 2 (items 1–6, 94, 95): 19 Apr 2001 (g)	Sch. 2 (items 94, 95) [see Table A]
Defence Legislation Amendment Act 2003	135, 2003	17 Dec 2003	Schedule 2 (items 1–8): 17 June 2004	Sch. 2 (item 8) [see Table A]
Defence Legislation Amendment (Aid to Civilian Authorities) Act 2006	3, 2006	1 Mar 2006	2 Mar 2006	—

(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
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
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
S. 8A...................	ad. No. 164, 1984
	am. No. 65, 1987; No. 1, 1997; No. 10, 2001
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).