Military Financial (Pacific Islanders) Regulations (Amendment)

Legislation au C1970L00051 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1970 No. 51

 

REGULATIONS UNDER THE DEFENCE ACT 1903-1966.*

I, THE GOVERNOR-GENERAL in and over the 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 third day of April, 1970

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Minister of State for the Army.

 

Amendments of the Military Financial (Pacific Islanders) Regulations†

Parts.

1. Regulation 2 of the Military Financial (Pacific Islanders) Regulations is amended by inserting after the words—

“Part IVa.—Papua and New Guinea Volunteer Rifles (Regulations 47a-47c).”

the words—

“Part IVb.—Australian Cadet Corps (Regulations 47d-47h).”.

2. After regulation 47 of the Military Financial (Pacific Islanders) Regulations the following Part is inserted:—

“Part IVb.—Australian Cadet Corps.

Interpretation.

“47d.—(1.) In this Part, unless the contrary intention appears—

‘cadet under officer’ means a person enrolled in the Australian Cadet Corps who holds the rank of cadet under officer and is a Pacific Islander;

‘member’ means an officer of cadets or a cadet under officer;

‘officer of cadets’ means a person who holds office as an officer of cadets and is a Pacific Islander.

“(2.) This Part does not apply to or in relation to the attendance of a member at a military school or course held for members of the Citizen Military Forces unless the commander of a formation has approved the attendance of the member at that school or course.

Officers of cadets—pay.

“47e.—(1.) Subject to the next succeeding sub-regulation, to regulation 47h of these Regulations and to such conditions as the Military Board determines, where an officer of cadets attends an annual camp of continuous training of his unit or a military school or course, being a camp, school or course that extends over a period of not less than seven consecutive days, he may be paid pay, in respect of his attendance, at the rate specified in sub-regulation (1.) of regulation 9 of these Regulations in relation to an officer of the Permanent Military Forces who holds the like rank as the officer of cadets holds and has less than one year’s service in that rank.

* 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.

11045/70—Price 8c 10/18.3.70


“(2.) An officer of cadets is not entitled to be paid pay in respect of his attendance at a camp, school or course until the conclusion of the camp, school or course.

Service allowance.

“47f.—(1.) Subject to such conditions as the Military Board determines, an allowance, called ‘service allowance’, is payable to a member in accordance with a scale of rates determined by the Military Board.

“(2.) 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.

Camp allowance.

“47g.—(1.) Subject to the next succeeding sub-regulation and to regulation 47h of these Regulations, where a cadet under officer attends an annual camp of continuous training of his unit or a military school or course, being a camp, school or course that extends over a period of not less than seven consecutive days, he may be paid an allowance, called ‘camp allowance’, in respect of his attendance at the rate of Twelve cents per day.

“(2.) Camp allowance is not payable to a cadet under officer in respect of his attendance at a camp, school or course—

(a) unless a cadet under officers’ mess is established at the camp, school or course; or

(b) unless he takes his meals, in accordance with a direction given by his commanding officer, in an officers of cadets’ mess at the camp, school or course.

Condition applicable to payment of pay and camp allowance.

“47h.—(1.) Where an officer of cadets or a cadet under officer attends a camp, school or course for part only of the period over which the camp, school or course extends, this regulation applies to the officer of cadets or to the cadet under officer.

“(2.) Where the commander of a formation is satisfied, by the production of a medical certificate or other appropriate evidence, that a member to whom this regulation applies did not attend a camp, school or course during the whole of the period over which the camp, school or course extended because—

(a) the member was prevented by illness from completing the camp, school or course;

(b) the member was unable to report at the commencement of the camp, school or course for reasons beyond his control; or

(c) the member was authorized to leave the camp, school or course before its conclusion for reasons of urgency that arose while he was attending the camp, school or course,

the formation commander shall, by instrument under his hand, authorize payment of pay or camp allowance, as the case may be, to the member in respect of the period during which he attended the camp, school or course.

“(3.) Pay is not payable under regulation 47e of these Regulations to an officer of cadets to whom this regulation applies, and camp allowance is not payable under the last preceding regulation to a cadet under officer to whom


this regulation applies, in respect of his attendance during part of a camp, school or course, except in accordance with an instrument under the last preceding sub-regulation authorizing the payment of pay or camp allowance to the member.”.

Application.

3.—(1.) Pay, service allowance and camp allowance are payable to officers of cadets and to cadet under officers in respect of their service in the Australian Cadet Corps on and after the first day of July, 1969, as if Part IVb. of the Military Financial (Pacific Islanders) Regulations as amended by these Regulations, and the first determinations made by the Military Board for the purpose of the regulations included in that Part, had come into operation on that date.

(2.) In the application of the provisions of Part IVb. of the Military Financial (Pacific Islanders) Regulations in accordance with the last preceding sub-regulation, sub-regulation (2.) of regulation 47f of those Regulations shall be read as requiring payment of service allowance in respect of a member’s service during the whole or a part of the period of six months ended on the thirty-first day of December, 1969, as soon as practicable after the commencement of these Regulations in lieu of in the month of February next following the end of that period.

Printed by Authority by the Government Printer of the Commonwealth of Australia

Overview

The Statutory Rules 1970 No. 51, which are regulations under the Defence Act 1903-1966, were introduced to address the need to establish financial provisions for officers of cadets and cadet under officers within the Australian Cadet Corps, particularly for Pacific Islanders. Enacted by the Governor-General in accordance with the advice of the Federal Executive Council, these regulations aim to provide a structured financial framework to ensure that members of the Australian Cadet Corps receive appropriate remuneration and allowances for their service. The policy objective of these regulations is to ensure that officers of cadets and cadet under officers are adequately compensated for their participation in training camps and courses, thereby recognising their contributions and encouraging their continued involvement in the cadet program. The regulations specifically address the payment of pay, service allowance, and camp allowance to officers of cadets and cadet under officers, taking into account various conditions and circumstances, such as the duration of their service and attendance at training activities. The regulations also outline the circumstances under which pay and allowances may be adjusted or withheld, such as incomplete attendance at camps or courses due to unforeseen circumstances. Overall, these regulations aim to provide clarity and consistency in the financial support provided to members of the Australian Cadet Corps, ensuring they are properly recognised and compensated for their service.

Scope and Application

This legislative instrument, Statutory Rules 1970 No. 51, amends the Military Financial (Pacific Islanders) Regulations under the Defence Act 1903-1966. The primary focus of these regulations is to govern the financial entitlements of officers of cadets and cadet under officers who are Pacific Islanders serving in the Australian Cadet Corps. The regulations cover pay for attendance at military training camps, schools, or courses, service allowances for periods of service, and camp allowances for attendance at specific training events. These financial provisions apply to officers of cadets and cadet under officers in the Australian Cadet Corps from 1 July 1969, retroactively considering the amendments made by these regulations. Notably, the regulations exclude attendance at military schools or courses for members of the Citizen Military Forces unless specifically approved by the commander of a formation. The Military Board is empowered to determine the conditions under which these allowances and pay are granted, thereby extending the application of these regulations through subordinate instruments.

Key Provisions

The primary operative sections of the Statutory Rules 1970 No. 51 include the amendments to the Military Financial (Pacific Islanders) Regulations, specifically the insertion of a new Part IVb which pertains to the Australian Cadet Corps. Section 47d of the Regulations defines key terms such as 'cadet under officer', 'member', and 'officer of cadets', clarifying their meanings and application. Section 47e outlines the conditions under which officers of cadets may receive pay for attending annual camps, military schools, or courses of at least seven consecutive days. Section 47f details the service allowance payable to members of the Australian Cadet Corps, while Section 47g specifies the camp allowance for cadet under officers attending similar events. Finally, Section 47h stipulates the conditions under which pay and camp allowance are payable if the member does not complete the entire camp, school, or course. The Regulations impose several obligations on the parties they govern. Officers of cadets and cadet under officers must attend specified military training and educational activities to be eligible for the financial benefits outlined in the Regulations. They must also adhere to the conditions for receiving pay and allowances, such as the establishment of a cadet under officers’ mess and meal requirements. The Military Board is responsible for determining the conditions and rates for the allowances, while the commander of a formation has the authority to authorize payments in certain circumstances, such as when a member is unable to complete a camp due to illness or other uncontrollable reasons. Breaches of the provisions outlined in these Regulations may lead to civil or administrative consequences. For example, if a member does not meet the conditions for receiving pay or allowances, they may not be entitled to those financial benefits. However, the Regulations do not explicitly state criminal or civil penalties for non-compliance. The primary focus of these Regulations appears to be on ensuring that eligible members of the Australian Cadet Corps receive appropriate financial support for their service, rather than on punitive measures for non-compliance.

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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.