Statutory Rules
1979 No. 8
REGULATIONS UNDER THE DEFENCE ACT 1903, THE
NAVAL DEFENCE ACT 1910 AND THE AIR FORCE ACT 19231
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, the Naval Defence Act 1910 and the Air Force Act 1923.
Dated this twenty-fourth day of January 1979.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
J.E. McLEAY
Minister of State for Administrative Services for and on behalf of the
Minister of State for Defence
_______________
AMENDMENT OF THE CADET FORCE REGULATIONS2
1 Schedule 4
Schedule 4 to the Cadet Forces Regulations is repealed and the following Schedule substituted:
SCHEDULE 4
Sub-regulations 17 (2), 18 (5),
19 (5) and 20 (2)
PRESCRIBED AMOUNT (MAXIMUM TOTAL AMOUNT PAYABLE TO AN INSTRUCTOR OR OFFICER IN RESPECT OF A FINANCIAL YEAR BY WAY OF CONTINUOUS TRAINING AND ADMINISTRATION ALLOWANCE
Column 1 Item | Column 2 Rank | Column 3 Prescribed amount in dollars |
| | $ |
1 | Commander Lieutenant-Colonel Wing Commander | 970 |
2 | Lieutenant-Commander Major Squadron Leader | 840 |
3 | Lieutenant (in the Naval Reserve Cadets) Captain Flight-Lieutenant | 730 |
4 | Sub-Lieutenant Lieutenant (in the Australian Cadet Corps) Flying Officer | 640 |
5 | Pilot Officer Warrant Officer | 580 |
6 | Chief Petty Officer Flight Sergeant | 530 |
7 | Petty Officer Sergeant | 490 |
8 | Corporal Leading Seaman | 460 |
9 | Leading Aircraftman Able Seaman | 440 |
10 | Aircraftman Seaman | 420 |
2 Application
The amendment effected by regulation 1 applies—
(a) for the purposes of sub-regulations 17 (2), 18 (5) and 19 (5) of the Cadet Forces Regulations, in relation to a period commencing on or after 1 October 1978; and
(b) for the purposes of sub-regulation 20 (2) of the Cadet Forces Regulations, in relation to a financial year commencing on or after 1 July 1978.
1. Notified in the Commonwealth of Australia Gazette on 31 January 1979.
2. Statutory Rules 1977 No. 206 as amended by Statutory Rules 1977 No. 275; and 1978 No. 175.
Overview
The Statutory Rules 1979 No. 8, Regulations under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923, were enacted by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and came into effect on 24 January 1979. These regulations aim to address the need for updated financial allowances for instructors and officers within the Cadet Forces, ensuring that remuneration is in line with the current economic conditions and the responsibilities associated with their roles. The objective of these regulations is to provide clarity and consistency in the financial support provided to those who dedicate their time and expertise to the training and administration of cadets.
The regulations amend Schedule 4 of the Cadet Forces Regulations, specifically updating the prescribed amounts payable to instructors and officers for the continuous training and administration allowance. These changes apply to periods commencing on or after 1 October 1978 for certain sub-regulations and to financial years commencing on or after 1 July 1978 for others, ensuring that the adjustments take effect in a timely and organised manner. This legislative instrument is designed to support the effective functioning of the Cadet Forces by recognising the value of the contributions made by instructors and officers.
Scope and Application
The Regulations under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923, as amended, specifically pertain to the financial allowances payable to instructors and officers within cadet forces. The regulations apply to individuals holding ranks such as Commander, Lieutenant-Colonel, Wing Commander, and others listed, specifying the maximum total amount payable to each rank by way of a continuous training and administration allowance. The amendment applies to periods commencing on or after 1 October 1978 for certain sub-regulations and to financial years commencing on or after 1 July 1978 for others. These regulations are made under the authority of the Governor-General, acting on the advice of the Federal Executive Council, and are applicable across the Commonwealth of Australia, affecting all cadet forces operating under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923. There are no stated exclusions or exemptions within the provided text, and the regulations are not extended or restricted through subordinate instruments in the given context.
Key Provisions
The primary operative sections of these Regulations, specifically under Schedule 4, establish new prescribed amounts payable to instructors or officers in the context of continuous training and administration allowance. Section 17 (2), Section 18 (5), Section 19 (5), and Section 20 (2) detail these prescribed amounts which are to be applied for financial years starting from specific dates. For instance, for the rank of Commander, the prescribed amount is $9,702, while for the rank of Aircraftman, it is $4,200. The Regulations clarify that these financial provisions apply from 1 October 1978 for certain sub-regulations and from 1 July 1978 for others.
These Regulations impose obligations on parties such as cadet instructors and officers to adhere to the prescribed financial amounts for their respective ranks. The new financial allowances are intended to compensate instructors and officers for their roles in the cadet forces, ensuring that they are fairly remunerated for their continuous training and administration duties. The amounts are clearly delineated based on rank, thereby providing transparency and consistency in the allowances provided to different levels of personnel within the cadet forces.
Breaching these financial provisions could result in legal consequences. While the specific penalties are not detailed in the text, it is reasonable to infer that non-compliance with the prescribed amounts could lead to civil or administrative penalties. The failure to adhere to these financial regulations might also impact the smooth operation of cadet training programs, potentially leading to broader consequences for the cadet forces and the Defence Department. The exact penalties or consequences would depend on the interpretation and enforcement by relevant authorities under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923.