STATUTORY RULES.
1961. No. 40.
REGULATIONS UNDER THE DEFENCE ACT 1903-1956.*
I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903-1956.
Dated this 9th
day of March , 1961.
DALLAS BROOKS
Administrator.
By His Excellency's Command,
Minister of State for the Army.
Amendments of the Royal Military College Regulations.†
Definitions.
1. Regulation 4 of the Royal Military College Regulations is amended by omitting from the definition of "Commonwealth candidate" the words "substantially of European descent".
Pay.
2. Regulation 46 of the Royal Military College Regulations is amended by omitting sub-regulations (1.) and (2.) and inserting in their stead the following sub-regulations:—
"(1.) The account of a cadet admitted by way of normal entry or service entry shall be credited with pay at the rate specified in the following table according to the class in which the cadet is included—
Class. | Rate of pay per day. |
Fourth Class ................ | Seventeen shillings and four pence |
Third Class ................. | Eighteen shillings and sevenpence |
Second Class ................ | One pound and tenpence |
First Class .................. | One pound seven shillings and tenpence |
"(2.) The rate of pay to be credited, under the last preceding sub-regulation, to the account of a cadet included in the Fourth, Third or Second Class, who, at the date on which he joins the College, has attained the age of eighteen years or of a Cadet who, while included in one of those classes, attains the age of eighteen years shall be increased by sixpence per day.".
* Notified in the Commonwealth Gazette on 10th March, 1961.
† Statutory Rules 1951, No. 40, as amended by Statutory Rules 1955, No. 76; 1957, No. 42; 1958, No. 84; and 1960, Nos. 13 and 55.
9283/60.—Price 3d. 10/23.2.1961.
Allowances.
3. Regulation 47 of the Royal Military College Regulations is amended by omitting paragraphs (a) and (b) and inserting in their stead the following paragraphs:—
"(a) clothing maintenance allowance at the rate of Two shillings and sixpence per day;
(b) living-out allowance at the rate of Nine shillings and sixpence per day for each day the cadet is absent from the College on leave, in excess of seventy-two hours, granted under regulation 44 of these Regulations;".
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1961, No. 40, which were enacted under the Defence Act 1903-1956, address the need for amendments to the Royal Military College Regulations, aiming to rectify certain discriminatory practices and update financial provisions for cadets. This legislative instrument was issued by the Administrator of the Government of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The primary policy objective of these amendments is to modernise and equalise the treatment of cadets by removing racially discriminatory language and adjusting the financial allowances and pay rates to reflect contemporary economic conditions. The Regulations also seek to ensure that the financial support provided to cadets is fair and commensurate with their rank and age, thereby supporting the operational efficiency and morale within the institution.
Scope and Application
The Statutory Rules 1961, No. 40, made under the Defence Act 1903-1956, specifically target the Royal Military College Regulations. This legislation applies to individuals admitted to the Royal Military College, including cadets of all classes, and affects their terms of admission, pay, and allowances. The regulations have a national reach, governing the operations of this federal institution. The amendments exclude any changes to the eligibility criteria beyond removing the racial descent requirement for Commonwealth candidates. The regulations establish new rates of pay and allowances for cadets based on their class and age, replacing the previous sub-regulations. These amendments ensure that the pay and allowances are updated to reflect current standards and conditions, thereby improving the treatment of cadets at the college.
Key Provisions
The main operative sections of the Statutory Rules 1961, No. 40, pertain to amendments to the Royal Military College Regulations under the Defence Act 1903-1956. Regulation 4, which defines "Commonwealth candidate", is amended to remove the phrase "substantially of European descent", effectively broadening the eligibility criteria (Section 1). Regulation 46, which concerns the pay for cadets, is also amended. The new sub-regulations specify the daily rates of pay for cadets based on their class, with an additional sixpence per day for cadets who are eighteen years or older at the time of joining or while in their cadetship (Section 2). Furthermore, Regulation 47 is updated to change the allowances provided to cadets, including a clothing maintenance allowance of two shillings and sixpence per day and a living-out allowance of nine shillings and sixpence per day for each day the cadet is absent from the College on leave exceeding seventy-two hours (Section 3).
These regulations impose several obligations and requirements on the parties involved, specifically the Royal Military College and its cadets. The removal of the racial criteria in Regulation 4 ensures that all candidates who meet the other requirements are eligible for admission, regardless of their racial background. Regulation 46 requires the College to credit cadets' accounts with pay according to their class and age, ensuring that they receive appropriate remuneration for their service. Regulation 47 mandates that the College provide specific allowances to cadets for clothing maintenance and living expenses when they are on leave, ensuring that cadets are adequately supported during their time at the College.
Failure to comply with these regulations could potentially lead to legal repercussions, although the specific consequences are not detailed within the text of the statutory rules. Generally, non-compliance with regulations under the Defence Act 1903-1956 could result in administrative or disciplinary actions against the College or the cadets. It is important to note that while the statutory rules themselves do not explicitly outline penalties for breach, broader provisions within the Defence Act or related legislation may impose fines, sanctions, or other consequences for non-compliance.