Federal Register of Legislation - Australian Government

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Air Force Act 1923

Authoritative Version
Act No. 33 of 1923 as made
An Act to provide for the Establishment, Organisation and Government of the Royal Australian Air Force.
Administered by: Defence
Date of Assent 01 Sep 1923
Date of repeal 01 Jul 2016
Repealed by Defence Legislation Amendment (First Principles) Act 2015



No. 33 of 1923.

An Act to provide for the Establishment, Organization and Government of the Royal Australian Air Force.

[Assented to 1st September, 1923.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

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


2.  In this Act, unless the contrary intention appears—

“Air Force” means the Royal Australian Air Force established under this Act;

“Defence Act” means the Defence Act 1903-1918.

Establishment of Air Force and application of Defence Act thereto.

3.—(1.)   There shall be an Air Force, to be called the Royal Australian Air Force, which may be raised, maintained and organized by the Governor-General for the defence and protection of the Commonwealth and shall be part of the Defence Force constituted under the Defence Act.

(2.)  The Royal Australian Air Force raised under the Defence Act and existing at the commencement of this Act shall be deemed to have been raised under this Act, and the members thereof, without any re-appointment or re-enlistment or the taking of any fresh oath, shall be subject to this Act.

(3.)  The Defence Act (except Part XV. thereof) and the regulations thereunder shall, with such modifications and adaptations as are prescribed by regulations (which regulations the Governor-General is hereby authorized to make), apply in relation to the Air Force and the members thereof whether serving within or outside the limits of the Commonwealth.

(4.)  The Governor-General may at any time, by order published in the Gazette, disband any portion of the Air Force.

(5.)  Notwithstanding anything contained in this Act, the Imperial Act called the Army Act and any Acts amending or in substitution for it and for the time being in force, shall not apply to the Air Force.