Cadet Forces Regulations (Amendment)

Overview

The Cadet Forces Regulations (Amendment) Statutory Rule 1985 No. 4, issued under the authority of the Minister for Defence, amends the Cadet Forces Regulations made under the Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923. The original purpose of these regulations was to govern the organisation and administration of the Naval Reserve Cadets, the Australian Cadet Corps and the Air Training Corps. However, Statutory Rules 1980 No. 334 repealed regulations 16 to 22, which had provided for the payment of certain allowances to cadets, officers, and instructors within these cadet forces. As a result, regulation 25, which set the original date of effect for the repealed regulations, also needed to be repealed. The current Statutory Rule 1985 No. 4 achieves this by repealing regulation 25 of the Cadet Forces Regulations, thereby ensuring the regulations remain consistent and up-to-date following the previous amendments.

Scope and Application

The Cadet Forces Regulations, as amended by the Statutory Rules 1985 No. 4, pertain to the organisation and administration of the Naval Reserve Cadets, the Australian Cadet Corps, and the Air Training Corps. These regulations are established under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923, and are applicable to individuals participating in these cadet forces, including cadets, officers, and instructors. The Regulations, which were previously amended by Statutory Rules 1980 No. 334, have had certain provisions related to allowances repealed, specifically regulations 16 to 22, and regulation 25, which pertained to the original date of effect of those repealed regulations. These changes are effective from the date of gazettal of the Statutory Rule. The scope of these regulations is confined to the cadet forces and does not extend to other military or civilian entities, unless explicitly mentioned within the respective acts. The regulations apply nationally, aligning with the jurisdictional reach of the Commonwealth in the administration of the cadet forces.

Key Provisions

The main operative sections of the Cadet Forces Regulations (Amendment) (F1996B00910) pertain to the removal of allowances that were previously provided to certain cadets and officers within the cadet forces. Specifically, regulations 16 to 22 of the original Cadet Forces Regulations, which detailed the payment of these allowances, have been repealed by Statutory Rules 1980 No. 334 (paragraph 2). The amendment further repeals regulation 25, which was intended to define the original date of effect for the repealed regulations (paragraph 3). These changes effectively eliminate the allowances that were once provided, and they have been in force since the date of gazettal of the Statutory Rule. The obligations and requirements imposed by this amendment on the parties or entities governed by the Cadet Forces Regulations are primarily administrative in nature. The amendment requires the responsible authorities to cease the payment of allowances that were previously stipulated in the repealed regulations. This involves updating internal systems and records to reflect the changes, ensuring that no further payments are made in accordance with the repealed provisions. Additionally, relevant communications to affected cadets and officers must be issued to inform them of the changes. Breaching the provisions of this amendment could result in various consequences. While specific offences or penalties are not outlined in the text, any failure to comply with the repealed regulations could lead to civil or administrative penalties. For example, if allowances continue to be paid despite the repeal, this could result in financial liabilities for the authorities responsible. It is essential that all parties adhere strictly to the updated regulations to avoid any legal repercussions or financial implications.