STATUTORY RULES.
1915. No. 152.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1915.
Regulations for Universal Training—Part III.—Senior Cadets.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council hereby certify that, on account of urgency, the following Regulation under the Defence Act 1903-1915 should come into immediate operation, and make the Regulation to come into operation forthwith as a provisional Regulation.
Dated this twenty-fifth day of August, One thousand nine hundred and fifteen.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE.
Regulations for Universal Training.—Part III.—Senior Cadets.
Regulation 33b—Amendment.
Regulation 33b which reads:—
“33b. Officers of Senior Cadets who are liable to training under the provisions of Part XII. of the Act may, on changing their place of residence, be transferred to another Senior Cadet unit without loss of seniority or eligibility for promotion. Officers so transferred will not supersede the holders of any appointments in their new unit, but will be appointed to the first vacancy for which they are qualified. Until such vacancy occurs they will be borne on the roll as supernumerary. Whilst borne as supernumerary such officers may be paid the allowance prescribed for ‘other officers’ by Regulation 57”
be cancelled, and the following substituted therefor:—
“33b. Officers of Senior Cadets may, on changing their place of residence, be transferred to another Senior Cadet unit without loss of seniority or eligibility for promotion. Officers so transferred will not supersede the holders of any appointments in their new unit, but will be appointed to the first vacancy for which they are qualified. Until such vacancy occurs they will be borne on the roll as supernumerary. Whilst borne as supernumerary such officers may be paid the allowance prescribed for ‘other officers’ by Regulation 57.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.12018.—Price 3d.
Overview
The Statutory Rules of 1915, No. 152, titled "Provisional Regulations Under the Defence Act 1903-1915," was enacted to address the administrative and operational needs arising from the universal training provisions under the Defence Act. This legislative instrument was made necessary due to the urgent requirement for regulations concerning the training of senior cadets. The enactment was certified by the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council, to ensure immediate implementation as a provisional regulation. The policy objective of these regulations was to streamline the transfer process for senior cadet officers who change their place of residence, ensuring continuity in their training, seniority, and promotion eligibility.
Scope and Application
The Provisional Regulations Under the Defence Act 1903-1915 pertain specifically to senior cadets within the framework of universal training as outlined in Part III of the Act. These regulations apply to officers of senior cadets who are subject to training provisions under Part XII of the Defence Act. The regulations are designed to facilitate the transfer of these officers to another cadet unit upon a change of residence without any detriment to their seniority or eligibility for future promotions. They explicitly state that officers transferred in this manner will not supersede existing appointments within their new unit; instead, they will be appointed to the first available vacancy for which they are qualified. During the interim period before such a vacancy arises, these officers will be listed on the unit roll as supernumerary, and they may be eligible for an allowance as specified in Regulation 57. The regulations thus apply directly to the conduct and administrative arrangements of senior cadet officers across the Commonwealth, ensuring a smooth transition and continuity of service.
Key Provisions
The main operative sections of this statutory rule (Regulation 33b) pertain to the transfer of Senior Cadet officers who change their place of residence. Under the revised Regulation 33b, these officers are allowed to transfer to another Senior Cadet unit without any loss of seniority or eligibility for promotion (Regulation 33b). The officers who are transferred will not supersede any current holders of appointments in their new unit, but will instead be appointed to the first vacancy for which they are qualified (Regulation 33b). Until such a vacancy occurs, the officers will be listed as supernumerary on the unit's roll and may be paid the allowance prescribed for 'other officers' as outlined in Regulation 57 (Regulation 33b).
These regulations impose certain obligations and requirements on the parties involved, particularly the Senior Cadet officers and the units they are transferring between. Senior Cadet officers who move to a new area must notify the relevant authorities of their change of address and seek transfer to a nearby unit. They must also ensure that they are qualified for any available vacancies in their new unit and await their appointment accordingly. The new unit is required to accommodate the transfer, provided that it does not interfere with existing appointments. Furthermore, the unit must list the transferring officer as supernumerary until a suitable vacancy arises and must pay the officer the allowance stipulated in Regulation 57 during this interim period (Regulation 33b).
Failure to comply with these regulations may result in legal consequences for the officers or the units involved. While the specific offences, penalties, or consequences for non-compliance are not explicitly detailed in the provided text, it can be inferred that any actions that contravene the stipulations of Regulation 33b could lead to disciplinary measures or legal action. The exact penalties, however, would need to be determined within the broader context of the Defence Act 1903-1915 and related legislation. The statutory rule itself does not specify maximum penalties, but the implications of not adhering to these provisions could be significant for both the officers and the units involved.