Cadet Forces Regulations (Amendment)

Overview

The Cadet Forces Regulations (Amendment) Interim Determination 1980 was enacted to amend the Cadet Forces Regulations under the authority of the Defence Amendment Act 1979. This legislative instrument was introduced to address the need for adjustments to the existing Cadet Forces Regulations, particularly in light of changes to cadet forces allowances as stipulated by Determination 3498 under section 58B of the Defence Act 1903. The Minister of State for Defence, D. J. Killen, issued this Interim Determination on 7 November 1980, which aimed to repeal Part III of the Cadet Forces Regulations and Schedule 4, aligning them with the new allowances regime. The Interim Determination was subsequently notified in the Commonwealth of Australia Gazette on 18 November 1980 and took effect on the date Determination 3498 was made. The overarching objective was to ensure that the regulations governing cadet forces were consistent with the financial provisions set forth in the Defence Act 1903.

Scope and Application

This legislative instrument, an Interim Determination made under the Defence Amendment Act 1979, pertains specifically to the Cadet Forces Regulations and their amendments. The legislation, dated 7 November 1980, and made by the Minister of State for Defence, D. J. Killen, aims to repeal Part III of, and Schedule 4 to, the Cadet Forces Regulations, which were originally established under Statutory Rules 1977 No. 206 and subsequently amended through various statutory rules in 1977, 1978, and 1979. This interim measure is set to take effect upon the issuance of Determination 3498, which addresses Cadet Forces Allowances under section 58B of the Defence Act 1903. The legislation applies to those directly involved with the Cadet Forces, including members, organisers, and other relevant personnel, as well as to the entities and activities governed by the repealed regulations. The scope of the Interim Determination is jurisdictional, operating within the Commonwealth of Australia as per the legislative framework established by the Defence Amendment Act 1979. No specific exclusions or thresholds are mentioned in the text, and the application of the Act is contingent upon the issuance of the related allowance determination.

Key Provisions

The main operative sections of the Cadet Forces Regulations (Amendment) Interim Determination (Statutory Rules 1980 No. 3341) involve the repeal of Part III of the Cadet Forces Regulations and Schedule 4. This repeal is effective as of the date the Determination 3498, which relates to Cadet Forces Allowances under section 58B of the Defence Act 1903, is made. Essentially, this interim measure will eliminate certain sections of the existing regulations and a related schedule, streamlining or updating the governance of cadet forces until more comprehensive changes are formally enacted. The obligations and requirements imposed by this Amendment pertain to the administrative and procedural changes in how cadet forces are regulated. With the repeal of Part III and Schedule 4, entities involved in cadet forces must adjust to the new regulatory environment, which may involve changes in the administration of allowances, duties, or other operational aspects governed by the repealed sections. The Interim Determination ensures that the transition is smooth and legally compliant until the more permanent changes are established. The consequences for non-compliance or breaches of this interim regulatory change are not explicitly detailed in the text. However, as it is an interim measure, any breaches could potentially lead to administrative penalties or legal actions under existing regulations until the new framework is fully implemented. The repealed sections, which governed certain aspects of cadet forces, would have outlined specific obligations and consequences for non-compliance, but these are no longer in effect pending the new determination.