{"id":"C1953A00092","name":"Royal Australian Air Force Veterans' Residences Act 1953","slug":"royal-australian-air-force-veterans-residences-act-1953","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"92 of 1953","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":1212,"registerId":"C2014C00545","compilationNumber":null,"startDate":"2014-07-01","status":"InForce","reasons":[{"affect":"Amend","markdown":"sch 11 (Items 137-141) of the [Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014](/C2014A00062)","dateChanged":null,"amendedByTitle":null,"affectedByTitle":{"name":"Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014","year":2014,"number":62,"titleId":"C2014A00062","provisions":"sch 11 (Items 137-141)","seriesType":"Act","optionalSeriesNumber":null}}],"registeredAt":"2014-08-08T16:37:38.093Z"},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Royal Australian Air Force Veterans’ Residences Act 1953.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Interpretation","content":"#### 2 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> de facto partner of a person has the meaning given by the Acts Interpretation Act 1901.\n\n> eligible person means:\n\n    (a) a former member of the Royal Australian Air Force; or\n    (b) a former member of the Royal Australian Air Force Nursing Service; or\n    (c) a former member of the Women’s Auxiliary Australian Air Force; or\n    (d) a surviving spouse or de facto partner of a person referred to in paragraph (a), (b) or (c); or\n    (e) a parent of a former member referred to in paragraph (a), (b) or (c), if:\n    (i) the former member is deceased and does not have a surviving spouse or de facto partner; and\n    (ii) the parent is the surviving spouse or de facto partner of another person who has died; and\n    (iii) the parent was, at the time of the former member’s appointment to, or enlistment in, the Force or Service referred to in paragraph (a), (b) or (c), dependent on the former member; or\n    (f) a parent of a former member referred to in paragraph (a), (b) or (c), if:\n    (i) the former member is deceased and does not have a surviving spouse or de facto partner; or\n    (ii) the parent has a spouse or de facto partner who is so incapacitated as to be unable to contribute materially to the support of the parent.\n\n> parent: without limiting who is a parent of anyone for the purposes of this Act, a person is the parent of another person if the other person is a child of the person within the meaning of the Family Law Act 1975.\n\n> surviving spouse or de facto partner, in relation to a deceased person, means a person who was the spouse or de facto partner of the deceased person immediately before the deceased’s death.\n\n> the Fund means the Royal Australian Air Force Veterans’ Residences Trust Fund established under this Act.\n\n> the Trust means the Royal Australian Air Force Veterans’ Residences Trust established under this Act.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Establishment of Fund","content":"#### 3 Establishment of Fund\n\n  (1) For the purposes of this Act, there shall be a fund to be known as the Royal Australian Air Force Veterans’ Residences Trust Fund.\n  (2) The Fund shall be vested in the Trust.\n  (4) The Fund consists of money from the Prize Money Trust Account paid to the Trust for the purposes of the Fund and of all other moneys or property acquired or received by the Trust, including moneys or property given, devised or bequeathed to the Trust.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Purpose of Fund","content":"#### 4 Purpose of Fund\n\n  The purpose of the Fund is the provision of a residence or residences in which eligible persons who are in necessitous circumstances, and, if the Trust so approves, the dependants of such eligible persons, may be accommodated or supported.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Constitution of Trust","content":"#### 5 Constitution of Trust\n\n  (1) For the purposes of this Act, there shall be a Royal Australian Air Force Veterans’ Residences Trust.\n  (2) The Trust shall consist of three persons appointed by the Minister to be members of the Trust.\n  (3) One member shall be a person who is or has been an officer of the Royal Australian Air Force.\n  (4) One member shall be a person who holds or has held office in the Air Force Association.\n  (5) One member shall be a person who has had substantial business and financial experience and is, at the date of his appointment, a member of the Returned Services League of Australia.\n  (6) The Minister may terminate the appointment of a member at any time.\n  (7) Section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials) does not apply in relation to a member despite subsection 30(6) of that Act.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Deputies of members","content":"#### 6 Deputies of members\n\n  (1) The Minister may appoint a person to be the deputy of a member of the Trust.\n  (1A) The Minister may terminate the appointment of a deputy at any time.\n  (2) The deputy of the member referred to in subsection 5(3) shall be a person who is or has been an officer of the Royal Australian Air Force.\n  (3) The deputy of the member referred to in subsection 5(4) shall be a person who holds or has held office in the Air Force Association.\n  (4) The deputy of the member referred to in subsection 5(5) shall be a person who has had substantial business and financial experience and is, at the date of his appointment, a member of the Returned Services League of Australia.\n  (5) A person appointed under this section is, in the event of the absence from a meeting of the Trust of the member of whom he is the deputy, entitled to attend that meeting and, when so attending, shall be deemed to be a member of the Trust.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Incorporation of Trust","content":"#### 7 Incorporation of Trust\n\n  (1) The Trust is a body corporate with perpetual succession and a common seal and is capable of acquiring, holding and disposing of real and personal property and of suing and being sued in its corporate name.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to the Trust. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n  (2) All courts, judges and persons acting judicially shall take judicial notice of the seal of the Trust and shall presume that it was duly affixed.\n  (3) The performance or exercise of the functions, powers, rights, authorities, duties or obligations of the Trust is not affected by reason only of there being a vacancy in the office of a member of the Trust.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Powers of Trust","content":"#### 8 Powers of Trust\n\n  (1) The Trust may, at such time and in such manner as, in its discretion, it determines, apply moneys or property forming part of the Fund for the purpose of the Fund, and do all other things necessary or convenient for, or incidental to, the carrying out of that purpose.\n  (2) Without limiting the generality of the last preceding subsection, the Trust may:\n    (a) acquire and dispose of land, including land upon which buildings are erected;\n    (b) erect, alter, enlarge or rebuild buildings on land vested in the Trust;\n    (c) improve, decorate, furnish and equip land or buildings vested in the Trust;\n    (d) determine the conditions under which eligible persons and their dependants are eligible to receive accommodation or support at residences maintained by the Trust, and the charges (if any) to be paid by a person receiving such accommodation or support;\n    (e) employ such persons as are necessary for the purposes of the Trust on such terms and conditions as it determines; and\n    (g) do all things necessary for maintaining the property and managing the affairs of the Trust.\n  (3) The Trust shall, in the provision of accommodation under this Act, give preference to former members of the Royal Australian Air Force, of the Royal Australian Air Force Nursing Service and of the Women’s Auxiliary Australian Air Force who served in the war that commenced on 3 September 1939 and their dependants.\n  (4) The Trust may, in its discretion, determine that, where accommodation was, or accommodation and support were, provided in a residence for an eligible person and his dependants jointly, the dependants shall, on the death of the eligible person, continue to be eligible to receive accommodation or accommodation and support, as the case may be.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Investment of moneys","content":"#### 9 Investment of moneys\n\n  (1) The Trust may:\n    (a) invest moneys forming part of the Fund in securities of the Commonwealth, on deposit with a bank or in any other manner for the time being allowed by an Act or State Act for the investment of trust funds; and\n    (b) realize and convert into money the investments so made and any other property of the Fund.\n  (2) Section 59 of the Public Governance, Performance and Accountability Act 2013 (which deals with investment by corporate Commonwealth entities) does not apply to the Trust.","sortOrder":8},{"sectionNumber":"11","sectionType":"section","heading":"Taxation","content":"#### 11 Taxation\n\n  The property and income of the Trust is not subject to taxation under a law of the Commonwealth or to taxation under a law of a State to which the Commonwealth is not subject.","sortOrder":9},{"sectionNumber":"12","sectionType":"section","heading":"Members of Trust not entitled to remuneration","content":"#### 12 Members of Trust not entitled to remuneration\n\n  (1) A member of the Trust is not entitled to receive remuneration for his services as a member or employee of the Trust.\n  (2) A member of the Trust is entitled to be paid out of the Fund such expenses as are reasonably incurred by him in the performance of his duties as a member.","sortOrder":10},{"sectionNumber":"13","sectionType":"section","heading":"Regulations","content":"#### 13 Regulations\n\n  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 carrying out or giving effect to this Act, and in particular making provision in relation to the convening of, and proceedings at, meetings of the Trust, including provision with respect to a quorum, voting and the decision of questions arising, at those meetings.","sortOrder":11}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of providing housing for RAAF veterans in necessitous circumstances. The 2014 amendments visible in this version (references to Public Governance, Performance and Accountability Act 2013) are machinery provisions updating governance frameworks rather than expansions of substantive scope. The eligibility categories have remained stable since inception, with only minor modernisation (addition of 'de facto partner' language to reflect contemporary relationship recognition)."},"complexity_factors":["Only 13 sections total, with straightforward sequential numbering","7 defined terms in the interpretation section, including nested definitions (e.g., 'eligible person' has 6 sub-paragraphs with multiple conditions)","Simple institutional structure: single purpose (housing), single governing body (3 members), single fund","Limited cross-referencing — only references to the Acts Interpretation Act 1901, Family Law Act 1975, and Public Governance, Performance and Accountability Act 2013","Some conditional logic in eligibility criteria (paragraphs 2(e) and 2(f) regarding parents), but conditions are clearly enumerated rather than nested","Explicit exemptions from other legislation (PGPA Act sections 30 and 59) are clearly marked","No regulations or delegated legislation attached to this extract"],"plain_english_summary":"This law sets up a special trust fund and governing body to provide housing and support for former Royal Australian Air Force (RAAF) members and their families who are struggling financially.\n\n**What it does:**\n- Creates the **Royal Australian Air Force Veterans' Residences Trust Fund** — a pool of money (originally from prize money accounts, plus donations and bequests) used to buy, build, and maintain housing for eligible veterans in need.\n- Establishes the **Royal Australian Air Force Veterans' Residences Trust** — a three-person board that manages the fund and decides who gets accommodation.\n\n**Who qualifies for help:**\n- Former RAAF members, including those who served in the Nursing Service or Women's Auxiliary\n- Surviving spouses or de facto partners (unmarried partners) of deceased veterans\n- Parents of deceased veterans in specific circumstances — mainly if they were financially dependent on the veteran when they enlisted, or if they have no other means of support\n\n**How the Trust works:**\n- Three appointed members: one RAAF officer (current or former), one representative from the Air Force Association, and one business-experienced member of the Returned Services League\n- The Trust can buy property, build or renovate housing, set rules for who lives there, and charge fees if needed\n- **Preference must be given** to World War II veterans (those who served from 3 September 1939) and their families\n- Family members can sometimes stay in accommodation even after the veteran dies\n\n**Special features:**\n- The Trust is a separate legal entity (like a company) that can own property and be sued\n- All income and property is **tax-free**\n- Trust members serve without pay, though they can claim expenses\n- The Trust has its own investment powers, separate from normal government investment rules"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The supplied Act text establishes a Trust and Fund with specified objects and powers. There is no material in the provided text indicating an amendment or a change in scope from an earlier or original instrument; this assessment is limited to the Act as presented."},"complexity_factors":["Detailed eligibility categories and conditional sub‑criteria for dependants and parents (s.2)","Establishment of a distinct Trust and Fund with specified funding source (Prize Money Trust Account) and broad property powers (ss.3, 4, 8)","High ministerial discretion over appointment and termination of trustees and deputies, with no application of a PGPA termination safeguard (s.5(6)–(7); s.6(1A))","Trust is a corporate entity subject to PGPA generally but with specific carve‑outs for investment and termination rules (s.7 note; s.9(2))","Tax exemption for Trust property and income (s.11) affecting public/private tax treatment","Trust discretion to set eligibility rules, ongoing charges and employment terms creates administrative and compliance burdens (s.8(d)–(e))","Investment powers and ability to realize assets alongside an exclusion of s.59 PGPA create atypical investment governance (s.9)","Regulatory delegation to the Governor‑General for procedural matters (meetings, quorum, voting) concentrates operational detail in regulations (s.13)"],"plain_english_summary":"This Act creates the Royal Australian Air Force Veterans’ Residences Trust and its Trust Fund to provide residences and support for eligible former RAAF members, certain nursing and auxiliary members, and specified dependants in necessitous circumstances. The Minister appoints three trustees with prescribed backgrounds; the Trust acquires, manages and invests property, sets eligibility and charges, and can continue support for dependants. The Fund may include moneys from the Prize Money Trust Account and is tax‑exempt."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act's original scope was narrower, focused primarily on WWII RAAF veterans. Over time, the definition of 'eligible person' was broadened to include de facto partners (reflecting changes in Australian family law norms), parents under expanded circumstances, and former members beyond the WWII generation. The inclusion of de facto partners mirrors broader legislative reform across Australian law rather than a deliberate policy expansion specific to this Act. However, the core purpose — housing financially struggling RAAF veterans and close family — has remained unchanged."},"complexity_factors":["Multi-layered eligibility criteria for 'eligible person', particularly the conditional parent categories with multiple conjunctive sub-requirements","Interaction with other legislation (Acts Interpretation Act 1901, Family Law Act 1975, Public Governance Performance and Accountability Act 2013) requiring cross-referencing","Trust governance structure with specific qualification requirements for each member role and their deputies","Selective application and explicit exclusion of specific provisions of the Public Governance, Performance and Accountability Act 2013","Discretionary powers given to the Trust across multiple provisions without detailed procedural guidance, leaving much to subordinate regulation"],"plain_english_summary":"The Act establishes a minister‑appointed Trust and a dedicated Trust Fund to buy, build and manage residential accommodation and support for eligible former RAAF members, their surviving spouses/de facto partners and, in limited cases, dependent parents who are in necessitous circumstances. Priority goes to World War II veterans and dependants. The Trust is a body corporate, tax‑exempt, funded from the Prize Money Trust Account plus gifts, and its members serve voluntarily."}},"importantCases":[],"_links":{"self":"/api/acts/royal-australian-air-force-veterans-residences-act-1953","history":"/api/acts/royal-australian-air-force-veterans-residences-act-1953/history","analysis":"/api/acts/royal-australian-air-force-veterans-residences-act-1953/analysis","conflicts":"/api/acts/royal-australian-air-force-veterans-residences-act-1953/conflicts","importantCases":"/api/acts/royal-australian-air-force-veterans-residences-act-1953/important-cases","documents":"/api/acts/royal-australian-air-force-veterans-residences-act-1953/documents"}}