Commonwealth Consolidated Acts Commonwealth Consolidated ActsAct No. 33 of 1923 as amended
This compilation was prepared on 6 March 2006
taking into account amendments up to Act No. 3 of 2006
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 ........................................................................................... 4
9............ Regulations ......................................................................................... 5
Notes 7
An Act relating to Air Defence
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 commencement |
Application, saving or transitional provisions |
|
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) |
S. 2(2) |
|
Statute Law Revision Act 1973 |
216, 1973 |
19 Dec 1973 |
31 Dec 1973 |
Ss. 9(1) and 10 |
|
Defence Force |
96, 1975 |
9 Sept 1975 |
Ss. 90–92 and 96: 28 Oct 1975 (see Gazette 1975, No. G42, p. 2) (a) |
S. 95(1), (2), (4) and (5) |
|
as amended by |
|
|
|
|
|
164, 1984 |
25 Oct 1984 |
S. 120: Royal Assent (b) |
— | |
|
138, 1976 |
2 Dec 1976 |
Ss. 3 and 4: 29 July 1977 (see Gazette 1977, No. S151) |
Ss. 4 and 5 | |
|
134, 1979 |
23 Nov 1979 |
Ss. 4(1) and 6: 1 Jan 1985 (see s. 2(2) and Gazette 1981, No. S273, p. 2) |
S. 6 | |
|
61, 1981 |
12 June 1981 |
Part III (ss. 5–13): 30 Sept 1983 (see Gazette 1983, No. S222) (c) |
S. 13 | |
|
153, 1982 |
31 Dec 1982 |
3 July 1985 (see s. 2(2) and Gazette 1985, No. S255) |
— | |
|
164, 1984 |
25 Oct 1984 |
Part II (ss. 3–7): 22 Nov 1984 (d) |
— | |
|
65, 1987 |
5 June 1987 |
Ss. 3 and 9: Royal Assent (e) |
— | |
|
104, 1988 |
6 Dec 1988 |
Part II (ss. 3, 4): Royal Assent (f) |
— | |
|
1, 1997 |
19 Feb 1997 |
Schedules 1 and 3: 30 Apr 1997 (see Gazette 1997, No. S91) |
— | |
|
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): |
Sch. 2 (items |
|
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).