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-fourth day of September, 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†
Parts.
1. Regulation 3 of the Royal Military College Regulations is amended by parts. omitting the words—
“Part X.—Finance. (Regulations 45-59.)”.
Repeal of Part X.
2.—(1.) Part X. of the Royal Military College Regulations is repealed.
(2.) The repeal of Part X. of the Royal Military College Regulations by the last preceding sub-regulation does not entitle a cadet to be paid the amount of the accumulated credit in the account of the cadet retained, immediately before the commencement of these Regulations, under sub-regulation (3.) of regulation 46 of those Regulations.
Transitional.
3.—(1.) Where the account of a cadet admitted by way of normal entry or service entry was credited, or is entitled to be credited, with pay in respect of a day in a period specified in the second or third column of the following table. the cadet is entitled—
(a) if the amount of the accumulated credit of his pay account has become payable to him—to be paid: or
(b) in any other case—to have his pay account credited with,
the amount specified in that column in relation to the class in which he was included on that day as additional pay in respect of that day.
Class | Period from 18 December 1970, to 31 December 1970 (inclusive) | Period from 1 January 1971, to day immediately preceding the commencing day |
| cents | cents |
Fourth Class..................... | 54 | 82 |
Third Class...................... | 49 | 80 |
Second Class..................... | 42 | 78 |
First Class....................... | 35 | 75 |
* Notified 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 191; 1962, No. 53; 1963, No 146; 1964, No. 111; 1965, No. 159; 1964, Nos. 55 and 138; 1967, Nos 12 and 117; 1969, No. 52; 1979, Nos. 53 and 184; and 1971, Nos. 15 and 51.
18658/71—Price 5c 5/13.8.1971
(2.) A reference in the Table in the last preceding sub-regulation to the commencing day shall he read as a reference to the day on which notice of the making of these Regulations is published in the Gazette.
Printed by Authority by the Government Printer of the Commonwealth of Australia
Overview
The Statutory Rules 1971 No. 130 are Regulations under the Defence Act 1903-1970, made by the Governor-General in accordance with the Federal Executive Council’s advice. These Regulations, dated 24 September 1971, were introduced to amend the existing Royal Military College Regulations, specifically by omitting and repealing Part X, which dealt with finance matters. The policy objective underpinning these changes is to streamline administrative processes and financial management within the Royal Military College, thereby improving operational efficiency. This legislative instrument was enacted to address the need for updating and simplifying financial regulations within the context of the Defence Act, ensuring that the College's operations remain aligned with contemporary administrative standards.
Scope and Application
The Regulations under the Defence Act 1903-1970, specifically amending the Royal Military College Regulations, apply to cadets admitted to the Royal Military College. These regulations are concerned with the financial aspects of cadetship, particularly the pay and allowances that cadets receive during their tenure at the College. The changes primarily involve the removal of Part X of the Royal Military College Regulations, which previously dealt with finance. The regulations also address transitional provisions for cadets who were in receipt of pay before these amendments took effect, ensuring that they are compensated for their service. Notably, the repeal of Part X does not affect any accumulated credits in cadets' accounts prior to the commencement of these regulations. The regulations are enacted at the Commonwealth level, reflecting the federal nature of defence and military education in Australia. These regulations do not explicitly exclude any categories of individuals or entities, but their primary focus remains on cadets within the Royal Military College.
Key Provisions
The key provisions of these Regulations involve amendments and repeals to the Royal Military College Regulations under the Defence Act 1903-1970. Specifically, Regulation 3 is amended by omitting Part X, which pertains to finance (Regulations 45-59). Furthermore, Part X of the Royal Military College Regulations is repealed (sub-regulation 2(1)). Notably, this repeal does not allow cadets to claim any accumulated credits in their accounts (sub-regulation 2(2)). Transitional provisions are also included to manage the impact of these changes. For example, cadets who were credited with pay in specified periods receive additional pay based on their class (sub-regulation 3(1)). The rates of additional pay are outlined in a table provided in the Regulations (sub-regulation 3(1)(a)-(b)).
The Regulations impose several obligations and requirements on the parties involved. Most notably, they require the repeal of Part X of the Royal Military College Regulations and mandate that no cadets are entitled to claim their accumulated credits following this repeal. The transitional provisions require that cadets who were credited with pay during specified periods are to be paid additional amounts based on their class. This ensures a smooth transition and provides compensation for the financial changes resulting from the repeal.
Breaches of these Regulations may lead to civil or criminal consequences, although the specific penalties are not detailed in the Regulations. Under Australian law, failure to comply with statutory regulations can result in fines or imprisonment, depending on the severity of the breach. The maximum penalties would be determined by the specific offence and the courts' discretion in sentencing. It is important for parties governed by these Regulations to ensure full compliance to avoid any legal repercussions.