What it does
The Royal Australian Air Force Veterans’ Residences Act 1953 establishes a statutory trust and a dedicated fund to provide housing and support for former members of the Royal Australian Air Force and associated services who are in financial need, together with certain survivors and dependants. Mechanically the Act does three things. First, it creates the Royal Australian Air Force Veterans’ Residences Trust Fund (s 3). The Fund is vested in the Trust and consists of money from the Prize Money Trust Account (a separate account derived from wartime prize proceeds) plus any other property acquired or received by the Trust, including gifts, devises and bequests (s 3(4)). Second, it creates the Royal Australian Air Force Veterans’ Residences Trust as a body corporate with perpetual succession, a common seal, and capacity to sue and be sued (s 7(1)). Third, it confers on the Trust a broad discretion to apply Fund money for the purpose of providing accommodation or support for eligible persons who are in “necessitous circumstances” and, with Trust approval, their dependants (s 4, s 8(1)). The Trust may acquire land, erect buildings, fix charges and conditions, and employ staff (s 8(2)). The Act also imposes a statutory preference: when providing accommodation, the Trust must give preference to former members of the RAAF, the Royal Australian Air Force Nursing Service, and the Women’s Auxiliary Australian Air Force who served in the Second World War (the war that commenced on 3 September 1939) and their dependants (s 8(3)). This is not a preference for all eligible persons equally; wartime veterans are placed ahead of others in access to residences. The Act also exempts the Trust’s property and income from Commonwealth and state taxation (s 11). Investment of Fund money is limited to Commonwealth securities, bank deposits, or other trust investments allowed by Commonwealth or state law, and s 59 of the Public Governance, Performance and Accountability Act 2013 (PGPA Act) is expressly excluded (s 9). Members of the Trust receive no remuneration, only out-of-pocket expenses (s 12). There are no criminal penalties in the Act itself; enforcement and accountability come through the PGPA Act, which applies to the Trust as a corporate Commonwealth entity (s 7(1) note). The Act is short - 13 sections - and leaves most operational detail to regulation by the Governor-General (s 13) and to the Trust’s own discretion.