STATUTORY RULES
1966 No.
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REGULATIONS UNDER THE DEFENCE ACT 1903-1965.*
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 1903-1965.
Dated this twenty-ninth day of September, 1966.
CASEY
Governor-General.
By His Excellency’s Command,
Minister of State for the Army.
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Amendments of the Royal Military College Regulations†
1. Regulation 34 of the Royal Military College Regulations is repealed and the following regulation inserted in its stead:—
Resignation.
“34. A Commonwealth cadet may be permitted to resign if he satisfies the Minister that circumstances exist which justify acceptance of his resignation and upon payment of the amount specified in the following table in relation to his period of service as a cadet:—
Period of service | Amount payable |
| $ |
Less than 1 year............................................. | 200.00 |
More than 1 year but less than 2 years............................... | 400.00 |
More than 2 years but less than 3 years.............................. | 600.00 |
More than 3 years but less than 4 years.............................. | 800.00 |
More than 4 years............................................ | 1,000.00 |
Pay.
2.—(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.................................................. | 2.09 |
Third class.................................................. | 2.21 |
Second class................................................. | 2.44 |
First class................................................... | 3.39 |
* Notified in the Commonwealth Gazette on , 1966.
† Statutory Rules 1951, No. 40, as amended by Statutory Rules 1955, No. 76; 1957, No. 42; 1958, No. 48; 1960, Nos. 13 and 55; 1961, Nos. 40 and 101; 1962, No. 53; 1963, No. 146; 1964 No. 111; 1965, No. 159; and 1966, No. 55.
10819/66.—Price 5c (6d.) 9/30.8.1966
(2.) Regulation 46 of the Royal Military College Regulations is further amended—
(a) by omitting from sub-regulation (2.) the word “sixpence” and inserting in its stead the words “Five cents”; and
(b) by omitting from sub-regulation (3.) the words “Three shillings” and inserting in their stead the words “Thirty cents”.
(3.) The rate of pay specified in sub-regulation (1.) of regulation 46 of the Royal Military College Regulations, as amended by the last preceding sub-regulation, applies in relation to service as a cadet on and after the twenty-second day of July, 1966.
Allowances.
3.—(1.) Regulation 47 of the Royal Military College Regulations is amended by omitting from paragraph (b) the words “One dollar and two cents” and inserting in their stead the words “One dollar nine cents”.
(2.) The rate of allowance specified in paragraph (b) of regulation 47 of the Royal Military College Regulations, as amended by the last preceding sub-regulation, applies in relation to service as a cadet on and after the twenty-second day of July, 1966.
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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra
Overview
The Statutory Rules 1966 No. 138, titled "Regulations under the Defence Act 1903-1965," was enacted by the Governor-General in Council, acting on the advice of the Federal Executive Council, to amend the Royal Military College Regulations. These amendments primarily address the financial implications of cadets' resignations from the Royal Military College and adjust their pay rates and allowances. The Defence Act 1903-1965 provided the legislative basis for these regulations, and the policy objective appears to be to update and standardise the financial commitments associated with cadet service, ensuring consistency and fairness in the compensation provided.
Scope and Application
The Statutory Rules 1966 No.–––––––––– Regulations under the Defence Act 1903-1965, made by the Governor-General in accordance with the Federal Executive Council's advice, primarily affect cadets of the Royal Military College. These Regulations amend the Royal Military College Regulations concerning the financial obligations and pay rates for cadets who resign from their service. The rules specify the amounts payable to the Commonwealth upon a cadet's resignation based on the duration of their service, ranging from $200 for less than one year of service to $1,000 for more than four years. Additionally, the Regulations update the daily pay rates for cadets, with new rates applicable from 22 July 1966, and adjust the allowances for certain cadet services. These Regulations are made under the Defence Act 1903-1965 and are applicable within the Commonwealth of Australia. No explicit exclusions or exemptions are mentioned within the text of these Regulations, and they extend to any subordinate instruments that may be made under the Defence Act 1903-1965.
Key Provisions
The key provisions of these regulations, made under the Defence Act 1903-1965, primarily involve the amendment of the Royal Military College Regulations (Regulation 34 and Regulation 46), as well as adjustments to cadet pay and allowances (Regulation 47). The main changes include modifications to the resignation provisions for Commonwealth cadets, updates to the daily pay rates for cadets based on their class, and adjustments to the rates of allowance for cadets. The new regulation 34 introduces a tiered payment structure based on the length of service for cadets who are permitted to resign, as determined by the Minister (Reg. 34). This regulation replaces the previous version of regulation 34 and provides a clear framework for the financial implications of resignation based on the duration of service.
The regulations impose several obligations on the parties governed by them. Firstly, the Minister must assess the circumstances that justify a cadet's resignation under the new regulation 34. Once a cadet meets the conditions for resignation, they must pay the specified amount based on their period of service. Additionally, the regulations mandate that the updated pay rates and allowances, as outlined in regulation 46 and regulation 47, apply to cadets' service from 22 July 1966 onwards. These financial adjustments are intended to ensure that cadets are compensated fairly for their service and the responsibilities they undertake.
Breaches of these regulations may lead to various consequences, although the specific penalties are not detailed in the regulations themselves. Given that these regulations are made under the Defence Act 1903-1965, any violations could potentially result in both civil and criminal penalties. The Defence Act provides for various offences and penalties, which could include fines or imprisonment, depending on the severity of the breach and the specific provisions of the Defence Act that are contravened. The exact penalties would be determined by the courts, taking into account the nature and circumstances of the offence.