Cadet Forces Amendment Regulations 2004 (No. 1)

Administered by Department of Defence

Legislation au F2004B00197 Regulations Not in force Legislative Instrument

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Cadet Forces Amendment Regulations 2004 (No. 1) 2004 No. 174

EXPLANATORY STATEMENT

Statutory Rules 2004 No. 174

Defence Act 1903
Naval Defence Act 1910
Air Force Act 1923

Issued by the authority of the Parliamentary Secretary of the Minister for Defence

Army and Air Force Canteen Service Amendment Regulations 2004 (No. 1)
Cadet Forces Amendment Regulations 2004 (No. 1)

The Defence Legislation Amendment Act 2003 amended the Defence Act 1903, Naval Defence Act 1910 and the Air Force Act 1923 (the relevant Acts) by changing the names of the "Naval Reserve Cadets" to the "Australian Navy Cadets", the "Australian Cadet Corps" to the "Australian Army Cadets"; and the "Air Training Corps" to the "Australian Air Force Cadets".

The purpose of the Army and Air Force Canteen Service Regulations 2004 (No. 1) and the Cadet Forces Amendment Regulations 2004 (No. 1) is to amend the Army and Air Force Canteen Service Regulations 1959 and the Cadet Forces Regulations 1977 ("the Principal Regulations") to align the Principal Regulations with the amendments effected by the Defence Legislation Amendment Act.

Canteens

Paragraph 124(1)(o) of the Defence Act 1903 (the Act) provides in part that the Governor-General may make regulations for the establishment, management, operation and control of canteens.

The Army and Air Force Canteen Service Regulations 1959, made under the Act, provide for the establishment and operation of the Army and Air Force Canteen Service ("the Canteen Service"). The purposes of the Canteen Service include the supply of goods, facilities and services to, or for the recreation of, members of the Army or Air Force and persons employed in Army or Air Force installations, their dependants, visitors to the installations and cadets. The regulations update references to the Army and Air Force cadet organisations in the description of those persons to whom canteen facilities and services are made available.

Cadets

Subsection 124(1) of the Defence Act 1903, subsection 45(1) of the Naval Defence Act 1910, and section 9 of the Air Force Act 1923, provide in part that the Governor-General may make regulations, not inconsistent with the relevant Acts prescribing all matters which by the relevant Acts are required or permitted to be prescribed or which are necessary or convenient to be prescribed, for securing the prescribed or which are necessary or convenient to be prescribed, for securing the good government of the Defence Force, or for carrying out or giving effect to the relevant Acts. Subsection 62(7) of the Defence Act 1903, Subsection 38(7) of the Naval Defence Act 1910, and subsection 8(7) of the Air Force Act 1923 provide for the making of regulations for the organisation, maintenance, regulation, control and discipline of their respective cadet organisations.

The Cadet Forces Regulations 1977 made under the relevant Acts provide for, inter alia, the conditions of service for members of the respective cadet organisations. The Regulations update references to the three cadet organisations where necessary. The Regulations also make technical amendments to some definitions and clarify the minimum and maximum requirements for cadets.

The Acts specify no conditions that need to be met before the power to make the Regulations may be exercised.

Details of the Regulations are outlined in Attachments A and B.

0400844A
0400842A

Attachment A

Army and Air Force Canteen Service Amendment Regulations 2004 (No. 1)

Regulation 1 identifies these Regulations as the Army and Air Force Canteen Service Amendment Regulations 2004 (No. 1).

Regulation 2 provides that the Regulations commence on the date of their notification in the Gazette.

Regulation 3 identifies the Regulations amended by Schedule 1 as the Army and Air Force Canteen Service Regulations 1959.

Schedule 1 makes one substantive amendment to the Regulations.

Item 1 amends subparagraph 4(3) (a) (v). The amendment substitutes "members of the Australian Army Cadets or the Australian Air Force Cadets; and" for the existing "members of the Australian Cadet Corps or the Air Training Corps; and".

Attachment B

Cadet Forces Amendment Regulations 2004 (No. 1)

Regulation 1 identifies these Regulations as the Cadet Forces Amendment Regulations 2004 (No. 1).

Regulation 2 provides that the Regulations commence on the date of their notification in the Gazette.

Regulation 3 identifies the Regulations amended by Schedule 1 as the Cadet Forces Regulations 1977.

Schedule 1 makes ten substantive amendments to the Regulations.

Item 1 amends regulation 2 by substituting a new definition of "cadet force" to mean the "Australian Navy Cadets, the Australian Army Cadets or the Australian Air Force Cadets".

Item 2 amends the definition of "continuous training" in regulation 2 by omitting the words "2 days" and substituting the words "48 hours". This amendment and the amendment to omit "day" in Item 3 are made because the word "day" is not used elsewhere in the regulations in the sense of 24 hours, apart from this definition of "continuous training".

Item 3 amends regulation 2 by deleting the definitions of "day" and "financial year". "Financial year" is defined in the Acts Interpretation Act 1901 which therefore makes it unnecessary to define the term in the Regulations.

Item 4 amends regulation 2 by omitting the definition of "Permanent Force". These words no longer appear in the Regulations. The term is defined in the Defence Act 1903.

Item 5 amends regulation 7 by substituting a new subsection (1) in relation to the minimum age for cadets and a new subsection (2) in relation to the maximum age of cadets for the three Services. These amendments are designed to make subregulations 7 (1) and (2) simpler by prescribing just the age and not repeating the text already set out in the relevant Acts. The minimum and maximum ages prescribed remain unchanged.

Item 6 amends subregulation 10(1) by changing the names of the cadet corps to "Australian Navy Cadets", "Australian Army Cadets" and "Australian Air Force Cadets" respectively. The word "shall" has been removed and each paragraph has been simplified to reflect a plainer English style.

Item 7 amends paragraph 23(2)(b) by omitting "Air Training Corps" and inserting the words "Australian Air Force Cadets".

Item 8 amends Schedule 1 by substituting the words "Australian Navy Cadets" in the heading to the Schedule.

Item 9 amends Schedule 2 by substituting the words "Australian Army Cadets" in the heading to the Schedule.

Item 10 amends Schedule 3 by substituting the words "Australian Air Force Cadets" in the heading to the Schedule.

Overview

The Cadet Forces Amendment Regulations 2004 (No. 1) and the Army and Air Force Canteen Service Amendment Regulations 2004 (No. 1) were enacted in response to the Defence Legislation Amendment Act 2003, which introduced changes to the Defence Act 1903, Naval Defence Act 1910, and Air Force Act 1923. These changes included renaming the cadet organisations from the "Naval Reserve Cadets" to the "Australian Navy Cadets", the "Australian Cadet Corps" to the "Australian Army Cadets", and the "Air Training Corps" to the "Australian Air Force Cadets". The purpose of these regulations is to update the Army and Air Force Canteen Service Regulations 1959 and the Cadet Forces Regulations 1977 to align with the aforementioned amendments, ensuring that references to the cadet organisations are consistent across the legislation. Issued by the authority of the Parliamentary Secretary of the Minister for Defence, these regulations are intended to maintain the functionality and relevance of the canteen service and cadet regulations in light of the structural changes to the Defence Force's cadet components.

Scope and Application

The Cadet Forces Amendment Regulations 2004 (No. 1) and the Army and Air Force Canteen Service Amendment Regulations 2004 (No. 1) apply to the respective cadet forces and canteen service under the Defence Act 1903, Naval Defence Act 1910, and Air Force Act 1923, aligning these regulations with the changes made by the Defence Legislation Amendment Act 2003. The Acts concern the establishment, management, operation, and control of canteens and the good governance, regulation, and discipline of cadet forces. The Cadet Forces Amendment Regulations 2004 (No. 1) update references to the Australian Navy Cadets, Australian Army Cadets, and Australian Air Force Cadets, while the Army and Air Force Canteen Service Amendment Regulations 2004 (No. 1) ensure that canteen facilities and services are available to these cadet forces and their members. The Regulations do not specify any particular conditions or thresholds that must be met before they can be applied. The Regulations are made under the authority of the relevant Acts and come into force on the date of their notification in the Gazette.

Key Provisions

The Army and Air Force Canteen Service Amendment Regulations 2004 (No. 1) and the Cadet Forces Amendment Regulations 2004 (No. 1) are amendments to the Army and Air Force Canteen Service Regulations 1959 and the Cadet Forces Regulations 1977, respectively. These regulations were enacted to update references within the regulations to the newly named cadet organisations, namely the Australian Navy Cadets, the Australian Army Cadets, and the Australian Air Force Cadets. The changes were necessitated by the Defence Legislation Amendment Act 2003, which amended the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923 to reflect these new names. The Army and Air Force Canteen Service Amendment Regulations 2004 (No. 1) focus on updating the references to the cadet organisations within the Army and Air Force Canteen Service Regulations 1959. Specifically, Regulation 3 amends subparagraph 4(3)(a)(v) to replace references to the Australian Cadet Corps and the Air Training Corps with the Australian Army Cadets and the Australian Air Force Cadets, respectively. This ensures that the canteen services provided under the Act are correctly aligned with the updated names of the cadet organisations. The Cadet Forces Amendment Regulations 2004 (No. 1) encompass a series of amendments to the Cadet Forces Regulations 1977 to reflect the updated names of the cadet organisations. Regulation 3 identifies the Cadet Forces Regulations 1977 as the regulations being amended. The ten substantive amendments made in Schedule 1 include updates to definitions and references to the cadet organisations throughout the regulations. For example, Item 1 substitutes the definition of "cadet force" to include the Australian Navy Cadets, the Australian Army Cadets, and the Australian Air Force Cadets. Item 2 modifies the definition of "continuous training" to reflect a 48-hour period rather than a 2-day period. Item 5 amends the age requirements for cadets to simply state the age without repeating the text already set out in the relevant Acts. The regulations impose obligations on the parties governed by them to ensure compliance with the updated names and definitions of the cadet organisations. The Army and Air Force Canteen Service Regulations 1959 must be followed by those managing the canteen services, ensuring that the services are provided to the correct cadet organisations. The Cadet Forces Regulations 1977 must be adhered to by those involved in the organisation, maintenance, regulation, control, and discipline of the cadet organisations, ensuring that the regulations governing these activities are updated to reflect the new names of the cadet organisations. There are no specific offences, penalties, or civil/criminal consequences mentioned in the explanatory statement for breaches of these regulations. However, non-compliance with regulations made under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923 could potentially result in administrative or disciplinary action, depending on the severity of the breach and the specific provisions of the relevant Acts. The maximum penalties for breaches of these Acts would generally be determined by the specific provisions of each Act, which may include fines, imprisonment, or other sanctions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.