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Cadet Forces Amendment Regulations 2007 (No. 1)

Authoritative Version
  • - F2007L01134
  • No longer in force
SLI 2007 No. 93 Regulations as made
These Regulations amend the Cadet Forces Regulations 1977 to set minimum levels of delegation, particularly for the exercise of significant powers such as sanctions including termination.
Administered by: Defence
Registered 27 Apr 2007
Tabling HistoryDate
Tabled HR08-May-2007
Tabled Senate09-May-2007
Date of repeal 19 Mar 2014
Repealed by Defence (Spent and Redundant Instruments) Repeal Regulation 2014

Cadet Forces Amendment Regulations 2007 (No. 1)1

Select Legislative Instrument 2007 No. 93

I, PHILIP MICHAEL JEFFERY, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923.

Dated 26 April 2007

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

PETER LINDSAY


1              Name of Regulations

                These Regulations are the Cadet Forces Amendment Regulations 2007 (No. 1).

2              Commencement

                These Regulations commence on the day after they are registered.

3              Amendment of Cadet Forces Regulations 1977

                Schedule 1 amends the Cadet Forces Regulations 1977.


Schedule 1        Amendments

(regulation 3)

  

[1]           Regulation 3

substitute

3              Delegation

         (1)   A service chief mentioned in an item in Table 1 may delegate all or any of his or her powers and functions under regulations 5, 14 and 17 to a delegate mentioned in the item.

 

TABLE 1

DELEGATION FOR REGULATIONS 5, 14 AND 17

Item

Service Chief

Delegate

1

Chief of Navy

   (a)  an officer of the Navy or the Australian Navy Cadets of the rank of Lieutenant‑Commander or above

   (b)  an Australian Public Service employee of the Department of Defence of Executive Level 1 or above

2

Chief of Army

   (a)  an officer of the Army or the Australian Army Cadets of the rank of Captain or above

   (b)  an Australian Public Service employee of the Department of Defence of Australian Public Service 6 or above

3

Chief of Air Force

   (a)  an officer of the Australian Air Force or the Australian Air Force Cadets of the rank of Squadron Leader or above

   (b)  an Australian Public Service employee of the Department of Defence of Executive Level 1 or above

         (2)   A service chief mentioned in an item in Table 2 may delegate all or any of his or her powers and functions under the following provisions to a delegate mentioned in the item:

                (a)    regulation 6;

               (b)    subregulation 8 (3);

                (c)    subregulation 8 (4);

               (d)    regulation 11;

                (e)    regulation 15.

 

TABLE 2

DELEGATION FOR REGULATIONS 6, 11 AND 15 AND SUBREGULATIONS 8 (3) AND (4)

Item

Service Chief

Delegate

1

Chief of Navy

   (a)  any member of the Navy of the rank of Petty Officer or above

   (b)  any officer or instructor of the Australian Navy Cadets of the rank of Petty Officer or above

   (c)  an Australian Public Service employee of the Department of Defence of Australian Public Service 5 or above

2

Chief of Army

   (a)  any member of the Army of the rank of Warrant Officer Class Two or above

   (b)  any officer or instructor of the Australian Army Cadets of the rank of Corporal or above

   (c)  an Australian Public Service employee of the Department of Defence of Australian Public Service 5 or above

3

Chief of Air Force

   (a)  any member of the Australian Air Force of the rank of Warrant Officer or above

   (b)  any officer or instructor of the Australian Air Force Cadets of the rank of Warrant Officer or above

   (c)  an Australian Public Service employee of the Department of Defence of Australian Public Service 5 or above

Note   In accordance with section 34AB of the Acts Interpretation Act 1901:

Where an Act confers power on a person or body (in this section called the authority) to delegate a function or power:

(a)      the delegation may be made either generally or as otherwise provided by the instrument of delegation;

(b)      the powers that may be delegated do not include that power to delegate;

(c)      a function or power so delegated, when performed or exercised by the delegate, shall, for the purposes of the Act, be deemed to have been performed or exercised by the authority;

(d)      a delegation by the authority does not prevent the performance or exercise of a function or power by the authority.

[2]           Schedule 1

substitute

Schedule 1        Ranks in the Australian Navy Cadets

(subregulation 10 (1))

  

Item

Ranks of cadets

Ranks of instructors

Ranks of officers

1

Cadet Recruit

Seaman (ANC)

Acting Sub‑Lieutenant (ANC)

2

Cadet Seaman

Able Seaman (ANC)

Sub‑Lieutenant (ANC)

3

Cadet Able Seaman

Leading Seaman (ANC)

Lieutenant (ANC)

4

Cadet Leading Seaman

Petty Officer (ANC)

Lieutenant‑Commander (ANC)

5

Cadet Petty Officer

Chief Petty Officer (ANC)

Commander (ANC)

6

Cadet Chief Petty Officer

Warrant Officer (ANC)

Captain (ANC)

7

Cadet Warrant Officer

 

 

8

Cadet Midshipman

 

 

Note 1   The above table must be read together with regulation 10.

Note 2   In the above table (ANC) means Australian Navy Cadets.

[3]           Schedule 2

substitute

Schedule 2        Ranks in the Australian Army Cadets

(subregulation 10 (1))

  

Item

Ranks of cadets

Ranks of instructors

Ranks of officers

1

Cadet Recruit

Recruit (AAC)

Second Lieutenant (AAC)

2

Cadet

Private (AAC)

Lieutenant (AAC)

3

Cadet Lance Corporal

Lance Corporal (AAC)

Captain (AAC)

4

Cadet Corporal

Corporal (AAC)

Major (AAC)

5

Cadet Sergeant

Sergeant (AAC)

Lieutenant‑Colonel (AAC)

6

Cadet Staff Sergeant

Staff Sergeant (AAC)

Colonel (AAC)

7

Cadet Warrant Officer Class Two

Warrant Officer Class Two (AAC)

 

8

Cadet Warrant Officer Class One

Warrant Officer Class One (AAC)

 

9

Cadet Under Officer

 

 

Note 1   The above table must be read together with regulation 10.

Note 2   In the above table (AAC) means Australian Army Cadets.

[4]           Schedule 3

substitute

Schedule 3        Ranks in the Australian Air Force Cadets

(subregulation 10 (1))

  

Item

Ranks of cadets

Ranks of instructors

Ranks of officers

1

Cadet

Aircraftman (AAFC) or Aircraftwoman (AAFC)

Pilot Officer (AAFC)

2

Leading Cadet

Leading Aircraftman (AAFC) or Leading Aircraftwoman (AAFC)

Flying Officer (AAFC)

3

Cadet Corporal

Corporal (AAFC)

Flight Lieutenant (AAFC)

4

Cadet Sergeant

Sergeant (AAFC)

Squadron Leader (AAFC)

5

Cadet Flight Sergeant

Flight Sergeant (AAFC)

Wing Commander (AAFC)

6

Cadet Warrant Officer

Warrant Officer (AAFC)

Group Captain (AAFC)

7

Cadet Under Officer

 

 

Note 1   The above table must be read together with regulation 10.

Note 2   In the above table (AAFC) means Australian Air Force Cadets.


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.