Statutory Rules
1976 No. 204
REGULATIONS UNDER THE DEFENCE ACT 1903.*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903.
Dated this twenty-second day of September, 1976.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
D. J. KILLEN
Minister of State for Defence.
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AUSTRALIAN CADET CORPS REGULATIONS
Citation.
1. These Regulations may be cited as the Australian Cadet Corps Regulations.
Definitions.
2. In these Regulations, unless the contrary intention appears—
“ the Act ” means the Defence Act 1903;
“ unit commanding officer ” means a person so designated under regulation 6.
Minimum age of cadet.
3. For the purposes of paragraph 62 (5) (a) of the Act, a person is not entitled to volunteer, or to be accepted, as a cadet unless he has attained the age of 13 years.
Maximum age of cadet.
4. For the purposes of sub-section 62 (6) of the Act, a person ceases to be a cadet when he attains the age of 20 years.
Appointment of officers.
5. (1) The Chief of the General Staff, or an officer of the Army authorized by him for the purpose, may appoint a person to be an officer in the Australian Cadet Corps.
(2) A person shall not be appointed under sub-regulation (1) unless he has attained the age of 19 years.
Unit commanding officers.
6. A person appointed under sub-regulation 5 (1) may be designated unit commanding officer by the Chief of the General Staff or an officer of the Army authorized by him for that purpose.
Volunteering, and acceptance, as a cadet.
7. (1) A person may volunteer as a cadet in the Australian Cadet Corps by furnishing to a unit commanding officer an application in accordance with a form made available by the Chief of the General Staff.
(2) A unit commanding officer may accept as a cadet in the Australian Cadet Corps a person who furnishes to him an application under sub-regulation (1).
* Notified in the Australian Government Gazette on 27 September 1976.
Overview
The Australian Cadet Corps Regulations, enacted in 1976, are a legislative instrument made under the Defence Act 1903. These regulations were introduced to provide a structured framework for the governance and operation of the Australian Cadet Corps, ensuring that it aligns with the broader objectives of the Defence Act. The enacting body is the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The primary policy objective of these regulations is to establish clear criteria for the appointment and operation of officers within the Australian Cadet Corps, as well as to set the minimum and maximum ages for cadets, thereby ensuring that the Corps operates within the intended age parameters.
Scope and Application
The Australian Cadet Corps Regulations, enacted under the Defence Act 1903, establish the framework for the Australian Cadet Corps, detailing the processes and eligibility criteria for participation in this youth development program. These regulations apply to individuals who wish to volunteer or be accepted as cadets, with the minimum age for volunteering being 13 years and the maximum age for remaining a cadet being 20 years. The regulations also specify the appointment of officers within the Australian Cadet Corps, requiring that such appointments be made by the Chief of the General Staff or an authorized officer, and that any appointed officer must be at least 19 years old. Furthermore, the designation of unit commanding officers falls within the purview of the Chief of the General Staff or an authorized officer. The application process for volunteering as a cadet involves submitting an application form provided by the Chief of the General Staff to a unit commanding officer, who then has the discretion to accept the applicant. These regulations extend across the Commonwealth of Australia, governing conduct and transactions related to the Australian Cadet Corps.
Key Provisions
The Australian Cadet Corps Regulations, made under the Defence Act 1903, establish the framework for the Australian Cadet Corps (sections 1-7). Section 3 specifies that an individual must be at least 13 years old to volunteer as a cadet, while section 4 states that cadets must leave the corps once they turn 20. Section 5(1) empowers the Chief of the General Staff, or an authorised officer, to appoint individuals as officers in the Australian Cadet Corps, provided they are at least 19 years old. Section 6 allows the Chief of the General Staff, or an authorised officer, to designate an appointed officer as a unit commanding officer.
The Regulations impose several obligations on the parties involved. The Chief of the General Staff, or an authorised officer, must appoint officers to the Australian Cadet Corps and designate unit commanding officers (section 5(1) and section 6). Unit commanding officers must accept applications from individuals who wish to volunteer as cadets (section 7(1)). Individuals seeking to become cadets must meet the age requirements and submit an application to a unit commanding officer (sections 3 and 7(1)).
The Regulations do not explicitly outline specific offences, penalties, or consequences for breaches. However, the Defence Act 1903, under which these Regulations are made, may provide for penalties in cases of non-compliance. It is essential for all parties involved to adhere to the age requirements and other provisions outlined in the Regulations to avoid any potential legal repercussions under the Defence Act 1903.