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 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
Members of the Permanent Air Force are bound to render continuous full time air‑force service.
4H Flexible service arrangements for members of the Permanent Air Force
General determinations
(1) The Chief of Air Force may determine, in writing:
(a) a class of persons who are members of the Permanent Air Force who may render flexible service instead of continuous full time air‑force service; and
(b) a period of service, or pattern of service, that constitutes that flexible service.
Note: A person may choose not to apply to render flexible service even if the person is in a class of persons in relation to whom a determination is made under this subsection.
Application to render flexible service
(2) A person who is a member of the Permanent Air Force may, in writing, apply to the Chief of Air Force to render flexible service instead of continuous full time air‑force service (whether or not the person is in a class of persons covered by a determination made under subsection (1)).
Approving and refusing application to render flexible service
(3) The Chief of Air Force may determine, in writing:
(a) that a person who has applied under subsection (2) to render flexible service may render that service; and
(b) the period of service, or pattern of service, that constitutes that flexible service; and
(c) the period during which the determination is in force.
Note: The determination may be varied or revoked (see subsections (7), (9) and (10)).
(4) Without limiting subsection (3), if a person is in a class of persons covered by a determination made under subsection (1), the Chief of Air Force may:
(a) still refuse the person’s application; or
(b) determine under subsection (3) a different period of service, or pattern of service, from the period or pattern determined under subsection (1);
but only if the Chief of Air Force is satisfied that it is appropriate to do so because of operational or other requirements of the Permanent Air Force.
Flexible service taken to be continuous full time air‑force service for certain purposes
(5) A person rendering flexible service in accordance with a determination under subsection (3) is taken to be rendering continuous full time air‑force service for the purposes of the following:
(a) section 120B of the Defence Act 1903;
(b) the Defence Force Discipline Act 1982;
(c) the Defence Force Retirement and Death Benefits Act 1973;
(d) the Military Superannuation and Benefits Act 1991;
(e) a determination made for the purposes of section 58B or 58H of the Defence Act 1903;
(f) any instrument made for the purposes of a provision or Act referred to in any of paragraphs (a) to (d);
(g) any other Act, instrument or provision prescribed by the regulations.
Determination may deal with the treatment of flexible service
(6) Without limiting subsection (1) or (3), a determination under that subsection in relation to a person or class of persons may deal with:
(a) the treatment of flexible service (including how remuneration and allowances are to be treated) for the person or persons in that class; and
(b) whether, when the person or persons in that class are rendering flexible service, the person or persons are fulfilling their obligation to render continuous full time air‑force service under section 4G.
Varying and revoking determinations—Chief of Air Force
(7) The Chief of Air Force may, at any time, vary or revoke a determination under subsection (1) or (3).
(8) A determination under subsection (3) in relation to a person is taken to be revoked if:
(a) the person is appointed to a position under section 179, 188FB, 188FL, 188GF or 188GP of the Defence Force Discipline Act 1982; or
(b) the person ceases to be a member of the Permanent Air Force; or
(c) the person is in a class of persons covered by a determination made under subsection (1) that is revoked.
Revoking determinations—directions by Chief of the Defence Force
(9) The Chief of the Defence Force may at any time direct, in writing, the Chief of Air Force to revoke a determination under subsection (3) if the Chief of the Defence Force is satisfied that it is appropriate to do so because of operational or other requirements of the Defence Force.
(10) The Chief of Air Force must comply with a direction given under subsection (9).
Status of determinations
(11) A determination under subsection (1) or (3), and a direction under subsection (9), are not legislative instruments.
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.
Constitution of the 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.
Relationship to the Air Force
(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.
Age requirements for cadets
(5) A person is not entitled to volunteer, or to be accepted, as a cadet unless he or she:
(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 or she attains the age of 21 years or such lower age as is prescribed.
Regulations about the Australian Air Force Cadets
(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.
Administration of the Australian Air Force Cadets
(9) Subject to the regulations, to any determinations in force under section 58B of the Defence Act, to any directions of the Minister and to any directions of the Chief of the Defence Force, the Chief of Air Force is to administer the Australian Air Force Cadets.
(10) A direction of the Chief of the Defence Force under subsection (9) is subject to, and must be in accordance with, any directions of the Minister.
8A Delegation
Delegation by the Chief of Air Force
(1) The Chief of Air Force may, by instrument in writing, delegate to an officer of the Air Force all or any of his or her powers under section 4J.
(1AA) The Chief of Air Force may, by instrument in writing, delegate his or her powers under section 4H to an officer of the Permanent Air Force who holds a rank not below the rank of Air Commodore.
Delegation by the Chief of the Defence Force
(1A) The Chief of the Defence Force may, by instrument in writing, delegate to the Vice Chief of the Defence Force his or her power under subsection 8(9).
General provisions about delegations
(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 person who made the delegation.
(3A) The delegate is, in the exercise of a power delegated under this section, subject to the directions of the person who made the delegation.
(4) A delegation under this section does not prevent the exercise of a power by the person who made the delegation.
(5) A delegation under this section continues in force notwithstanding a change in the occupancy of, or a vacancy in, the office of the person who made the delegation.
(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 person who made the delegation 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.
