STATUTORY RULES
1970 No. 120
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REGULATIONS UNDER THE DEFENCE ACT 1903-1966.*
I, THE GOVERNOR-GENERAL in and over be Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903-1966.
Dated this first day of September, 1970.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
Andrew Peacock
Minister of State for the Army.
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Amendments of the Military Financial (Pacific Islanders) Regulations†
Officers of cadets—pay.
1. Regulation 47e of the Military Financial (Pacific Islanders) Regulations is amended by omitting from sub-regulation (1.) the words “the next succeeding sub-regulation, to regulation 47Hi of these Regulations and to such conditions as the Military Board determines” and inserting in their stead the words “the next succeeding sub-regulation and to regulation 47h of these Regulations”.
Service allowance.
2.Regulation 47f of the Military Financial (Pacific Islanders) Regulations is repealed and the following regulation inserted in its stead:—
“47f.—(1.) Subject to the next succeeding sub-regulation, an allowance, called ‘service allowance’, is payable to a member at the rate specified in the following table in relation to the rank that the member holds:—
Rank | Rate per year in dollars |
Lieutenant-Colonel.............................................. | 40 |
Major....................................................... | 32 |
Captain...................................................... | 24 |
Lieutenant.................................................... | 20 |
Cadet Under Officer............................................. | 4 |
“(2.) Service allowance is not payable to a member of a Cadet Battalion—
(a) except in respect of complete months of service in the Australian Cadet Corps; or
(b) in respect of any complete month of service in that Corps in respect of which the Commander of the Cadet Brigade in which that Cadet Battalion is included does not certify that the member has performed his duties efficiently.
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* Notified in the Commonwealth Gazette on 1970.
† Statutory Rules 1966, No. 105, as amended by Statutory Rules 1966, No. 162; 1967, No. 124; 1968, No. 61; 1969, No. 199; and 1970, No. 6.
21216/70—Price 5c 10/12.8.1970
“(3.) Service allowance is payable to a member in respect of each complete month during which he serves in the Australian Cadet Corps, as follows:—
(a) the allowance in respect of the member’s service during the whole or a part of a period of six months ended on a thirty-first day of December is payable to the member in the month of February next following the end of that period; and
(b) the allowance in respect of the member’s service during the whole or a part of a period of six months ended on a thirtieth day of June is payable to the member in the month of August next following the end of that period.”.
Application.
3. Service allowance is payable to members, within the meaning of Part IVb. Of the Military Financial (Pacific Islanders) Regulations, in accordance with regulation 47f of those Regulations as amended by these Regulations in respect of their service in the Australian Cadet Corps on and after the first day of January, 1970, and is not payable to them in accordance with the regulation repealed by regulation 2 of these Regulations in respect of any such service.
Printed by Authority by the Government Printer of the Commonwealth of Australia
Overview
Statutory Rules 1970 No. 120, made under the Defence Act 1903-1966, introduced amendments to the Military Financial (Pacific Islanders) Regulations, aiming to address discrepancies and inefficiencies in the payment structure for service allowances for certain military personnel. Enacted by the Governor-General in accordance with the Federal Executive Council's advice, these regulations sought to refine and clarify the conditions under which service allowances are payable, ensuring fair and consistent application. The policy objective of these amendments was to streamline the allowance payment process and maintain transparency and accuracy in financial disbursements for military personnel serving in the Australian Cadet Corps.
Scope and Application
The Military Financial (Pacific Islanders) Regulations, amended by Statutory Rules 1970 No. 120, apply to members of the Australian Cadet Corps who are Pacific Islanders, as defined under Part IVb of the regulations. The regulations pertain to the payment of allowances to these members for their service. Specifically, the regulations revise the provisions regarding pay for officers of cadets and introduce a new service allowance structure, which is payable under certain conditions. This includes the stipulation that service allowance is not payable unless the member's duties are certified as efficiently performed by the Commander of the Cadet Brigade. The geographic scope of these regulations is national, as they fall under the Defence Act 1903-1966, and are applicable Commonwealth-wide. The regulations extend their application through subordinate instruments to ensure detailed governance of allowances and conditions of service for the specified members.
Key Provisions
The Regulations under the Defence Act 1903-1966, specifically the Military Financial (Pacific Islanders) Regulations, have been amended to adjust the pay for officers of cadets (regulation 47e) and introduce a new service allowance for members (regulation 47f). The amendment to regulation 47e ensures that pay is calculated according to the next succeeding sub-regulation and regulation 47h instead of the previously specified range. The new regulation 47f introduces a service allowance payable to members based on their rank, with amounts varying from $40 per year for Lieutenant-Colonels down to $4 for Cadet Under Officers. This allowance is subject to certain conditions, including that it is only payable for complete months of service in the Australian Cadet Corps and requires certification from the Commander of the Cadet Brigade regarding efficient performance of duties (regulation 47f(2)).
The Regulations impose several obligations on the members of the Australian Cadet Corps. First, members must serve complete months in the Corps to be eligible for the service allowance (regulation 47f(2)(a)). Second, they must have their performance of duties certified by the Commander of the Cadet Brigade, who must attest that the member has performed their duties efficiently to receive the allowance for any given month (regulation 47f(2)(b)). Moreover, the service allowance is only payable in accordance with the amended regulations and not under the repealed provisions, ensuring that all payments align with the new rules (regulation 47f(3)).
Breach of the conditions specified for the payment of the service allowance could lead to non-payment of the allowance for the relevant period. While the Regulations do not explicitly state offences or penalties for failure to meet the conditions, non-compliance with the certification requirement or the complete month service condition could result in a member not receiving the allowance for that period. The absence of specific penalties in the text implies that the primary consequence of non-compliance is the financial one—non-receipt of the service allowance.