38Establishment and constitution of the Australian Navy Cadets

#### 38 Establishment and constitution of the Australian Navy Cadets (1) The body known immediately before the commencement of this subsection as the Naval Reserve Cadets is continued in existence with the new name, Australian Navy Cadets. Constitution of the Australian Navy Cadets (2) The Australian Navy Cadets consists of: (a) persons appointed in accordance with the regulations to be officers in that body; (b) persons appointed in accordance with the regulations to be instructors in that body; and (c) subject to subsections (5) and (6), persons who volunteer, and are accepted, in accordance with the regulations as cadets in that body. Relationship to the Navy (3) A person appointed to be an officer or instructor in the Australian Navy Cadets does not become a member of the Navy by virtue of that appointment. (4) A cadet in the Australian Navy Cadets is not a member of the Navy. Age requirements for cadets (5) A person is not entitled to volunteer, or to be accepted, as a cadet unless he or she: (a) has attained such age as is prescribed; and (b) has not attained the age of 20 years. (6) A person ceases to be a cadet when he or she attains the age of 21 years or such lower age as is prescribed. Regulations about the Australian Navy Cadets (7) The regulations may make provision for or in relation to the organization, maintenance, regulation, control and discipline of the Australian Navy Cadets and, in particular, for and in relation to: (a) the periods and conditions of service of members, other than conditions of service with respect to which determinations under section 58B of the Defence Act may be made; and (b) the promotion of members. (8) In subsection (7), member means an officer, instructor or cadet in the Australian Navy Cadets.