STATUTORY RULES
1971 No.
REGULATIONS UNDER THE DEFENCE ACT 1903-1970.*
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 1903-1970.
Dated this twenty-eighth day of January, 1971.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
Andrew Peacock
Minister of State for the Army.
Amendments of the Royal Military College Regulations†
Pay.
1.—(1.) Regulation 46 of the Royal Military College Regulations is amended by omitting the table in sub-regulation (1.) and inserting in its stead the following table:—
Class | Rate per day |
| $ |
Fourth Class................................................ | 4.27 |
Third Class................................................ | 4.63 |
Second Class............................................... | 5.00 |
First Class................................................. | 5.37 |
(2.) Regulation 46 of the Royal Military College Regulations is amended by omitting sub-regulation (2.).
Application.
2. Where the amount of pay that would have been credited to the account of a cadet in respect of his service during the period from and including the twenty-fifth day of September, 1970, to and including the day immediately preceding the commencement of these Regulations if the amendments of the Royal Military College Regulations effected by regulation 1 of these Regulations had come into operation on the twenty-fifth day of September, 1970, exceeds the sum of the amounts credited to the account of the cadet, in respect of his service during that period, by way of pay (including any additional pay credited in accordance with sub-regulation (2.) of regulation 46 of the Royal Military College Regulations as in force before that last-mentioned date), the account of the cadet shall, by virtue of this regulation, be credited with an amount equal to the excess.
* Noticed in the Commonwealth Gazette on 1971.
† Statutory Rules 1951, No. 40 as amended by Statutory Rules 1955, No. 76; 1957, No. 42; 1958, No. 84; 1960, Nos. 13 and 55; 1961, Nos. 40 and 101; 1962, No. 53; 1963, No. 146; 1964, No. 111; 1965, No. 159; 1966, Nos. 55 and 138; 1967, Nos. 12 and 117; 1969, No. 52; and 1970, Nos. 53 and 184.
Printed by Authority by the Government Printer of the Commonwealth of Australia
26323/70—Price 5c 9/5.1.1971
Overview
The Statutory Rules 1971 No. 0015 are regulations made under the Defence Act 1903-1970 by the Governor-General, Paul Hasluck, on the advice of the Federal Executive Council. These regulations, dated 28 January 1971, specifically address amendments to the pay rates for cadets at the Royal Military College, adjusting their daily rates according to their class. The policy objective of these regulations is to update the financial compensation for cadets in line with the Defence Act's mandate to govern the administration and operations of the Australian Defence Force, ensuring that cadet pay reflects their rank and contribution to military service.
These regulations are intended to address any discrepancies in cadet pay that may have occurred due to the previous pay structure, ensuring that cadets are fairly compensated for their service from the specified date. The regulations ensure that any cadet who received less pay than they should have, based on the new rates, will be credited with the difference. This legislative instrument was enacted to maintain equitable compensation within the Defence Force, aligning with the overarching objectives of the Defence Act.
Scope and Application
The Statutory Rules 1971 No. 1, made under the Defence Act 1903-1970, amends the Royal Military College Regulations to adjust the pay rates for cadets, effective from September 25, 1970. This regulation applies to cadets enrolled at the Royal Military College, ensuring they receive compensation commensurate with their class ranking. The amendment specifies new pay rates for different cadet classes, reflecting an increase from the previous rates. Furthermore, any cadet who has been underpaid due to the new rates will receive an adjustment to their account, covering the period from September 25, 1970, to the date these regulations took effect. The regulations are issued by the Governor-General on the advice of the Federal Executive Council, applying nationwide across Australia, and they do not specify any exclusions or exemptions. The application of these regulations is limited to the context of cadet pay adjustments and does not extend beyond this specific amendment.
Key Provisions
The primary operative sections of these Regulations, found under the Defence Act 1903-1970, concern amendments to the Royal Military College Regulations (section 1). Specifically, Regulation 46 is amended to adjust the daily rates of pay for cadets in different classes. The Fourth Class now receives $4.27 per day, Third Class $4.63, Second Class $5.00, and First Class $5.37. Additionally, sub-regulation (2) of Regulation 46 is omitted, which may affect any previous allowances or additional pay criteria that were in place prior to these amendments. The application section (section 2) ensures that any cadets who would have received higher pay under the new rates for the period from 25 September 1970 to the commencement of these Regulations receive the difference retroactively.
These Regulations impose specific financial obligations on the parties involved, primarily the Australian government in its capacity to fund the Royal Military College. The amendments necessitate a recalibration of cadet pay, ensuring that all cadets receive compensation according to their class standing. This involves adjustments in budget allocations and financial planning to account for the new pay rates. Moreover, the government must ensure that any backdated payments due to cadets under the new rates are processed correctly and credited to their accounts.
Failure to comply with these Regulations could lead to civil or administrative penalties, although the specific consequences are not outlined in the text. The omission of sub-regulation (2) in Regulation 46 may have implications for any previous allowances or additional pay criteria that were in place before the amendments. However, the primary focus appears to be on the financial adjustments and retroactive pay credits rather than punitive measures for non-compliance. The Regulations do not explicitly state any maximum penalties for breach, suggesting that the primary intent is to ensure accurate financial transactions rather than to enforce strict penalties.