Royal Military College Regulations (Amendment) (Cth)

STATUTORY RULES

1967 No. 12

 

REGULATIONS UNDER THE DEFENCE ACT 1903-1966.*

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 1903-1966.

Dated this tenth day of February, 1967.

CASEY

Governor-General.

By His Excellency’s Command,

MALCOLM FRASER

Minister of State for the Army.

Amendments of the Royal Military College Regulations 

Parts.

1. Regulation 3 of the Royal Military College Regulations is amended—

(a) by omitting the words—

“Part II.—Eligibility and Selection of Candidates. (Regulations 5-10.)”

and inserting in their stead the words—

“Part II.—Eligibility and Selection of Candidates. (Regulations 5-10a.)”; and

(b) by omitting the words—

“Part III.—Admission of Candidates. (Regulations 11-14.)”

and inserting in their stead the words—

“Part III.—Admission of Candidates. (Regulations 11-14a.)”

Definitions.

2. Regulation 4 of the Royal Military College Regulations is amended—

(a)by omitting the definition of “cadet” and inserting in its stead the following definition:—

“‘cadet’ means a student who is a member of the Corps of Staff Cadets;”;

(b) by inserting after the definition of “Commonwealth candidate” the following definition:—

“‘foreign student’ means a student who was accepted for admission as a student at the College under regulation 10a of these Regulations;”; and

 

* Notified in the Commonwealth Gazette on , 1967.

  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, Nos. 55 and 138.

22620/66.—Price 10c (1s.) 9/19.1.1967

 

(c) by adding at the end thereof the following sub-regulation:—

“(2.) In these Regulations—

(a)a reference to a warrant officer shall, in the case of a student, be read as a reference to a student entitled under regulation 16 of these Regulations to be designated by the rank of warrant officer; and

(b) a reference to a non-commissioned officer shall, in the case of a student, be read as a reference to a student entitled under regulation 16 of these Regulations to be designated by a rank that, if held by a soldier, would constitute the soldier a non-commissioned officer.”.

3. After regulation 10 of the Royal Military College Regulations the following regulation is inserted in Part II.:—

Foreign students.

“10a.—(1.) A person—

(a) who is not a British subject; or

(b) who is not ordinarily resident in Australia,

may be accepted for admission as a student at the College if he is nominated for admission by the government of a country other than Australia or the Dominion of New Zealand and the Governor-General approves his admission as a student at the College.

“(2.) A foreign student shall wear a like uniform and badges as are worn by a cadet designated by the rank by which the foreign student is entitled to be designated.”.

Enlistment and attestation of cadets.

4. Regulations 12 and 13 of the Royal Military College Regulations are repealed.

New Zealand candidates.

5. Regulation 14 of the Royal Military College Regulations is amended by omitting the words “and shall thereupon be enrolled in the Corps of Staff Cadets, and, having been so enrolled, shall be” and inserting in their stead the words “and shall then be deemed to have been”.

6. After regulation 14 of the Royal Military College Regulations the following regulation is inserted in Part III.:—

Foreign students.

“14a. A foreign student is not eligible for admission as a student unless, on presenting himself for admission, he gives an undertaking in accordance with the form set out in the Seventh Schedule to these Regulations.”,

7. Regulations 16, 17 and 18 of the Royal Military College Regulations are repealed and the following regulation is inserted in their stead:—

Rank of students.

“16.—(1.) The Commandant may direct that, while the direction remains in force, a student shall be designated by a specified rank, being a rank held by a non-commissioned officer or a warrant officer in the Australian Military Forces or by the rank of under-officer.

“(2.) While a direction under the last preceding sub-regulation is in force in respect of a student—

(a)the student shall be addressed as if he were a member of the Australian Regular Army holding the rank by which he is entitled to be designated;

 

(b)the student has all the privileges that he would have, shall perform all the functions that he would be required to perform and is subject to all the duties and liabilities to which he would be subject if he were such a member; and

(c) the student has, in respect of other students but no other person, all the powers of command that he would have if he were such a member.”.

Classes.

8. Regulation 19 of the Royal Military College Regulations is amended—

(a) by omitting sub-regulations (1.) and (2.) and inserting in their stead the following sub-regulations: —

“(1.) Students shall be organized into the following classes, that is to say, students undergoing the first year’s course shall form the Fourth Class, students undergoing the second year’s course shall form the Third Class, students undergoing the third year’s course shall form the Second Class, and students undergoing the fourth year’s course shall form the First Class.

“(2.) A student shall, on admission to the College, be allotted—

(a) in the case of a student admitted by way of normal entry or a foreign student—to the Fourth Class; or

(b)in the case of a student admitted by way of service entry—to the Third Class.”;

(b)by omitting from sub-regulation (3.) the word “cadets” and inserting in its stead the word “students”; and

(c) by omitting from sub-regulation (4.) the word “cadet” and inserting in its stead the word “student”.

Seniority of students.

9. Regulation 20 of the Royal Military College Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “seniority of cadets” and inserting in their stead the words “seniority of students”;

(b) by omitting paragraphs (a), (b) and (c) of sub-regulation (1.) and inserting in their stead the following paragraphs:—

“(a) Under-officers shall be senior to warrant officers and have seniority in relation to each other in accordance with the respective dates on which they are designated or last designated as under-officers;

“(b)Warrant officers and non-commissioned officers shall be senior to other students and have seniority in relation to each other in accordance with their respective ranks and, in relation to students designated by the same rank, in accordance with the respective dates on which they are designated or last designated by that rank;

“(c) Commonwealth cadets, not being under-officers, warrant officers or non-commissioned officers, shall have seniority, on admission to the College, according to their places in the order of admission to the College as published in the Gazette and, when allotted to a class other than the fourth class, according to classes, a member of a higher class being senior to a member of a lower class and, subject to the next succeeding paragraph, within a class, according to the aggregate of marks obtained from the date of admission to the College to the termination of the last annual examination, the higher aggregate giving seniority over the lower;”;

 

(c) by omitting from paragraph (ca)of sub-regulation (1.) the words “Cadets admitted by way of service entry to the third class and cadets” and inserting in their stead the words “Students admitted by way of service entry to the third class and students”;

(d) by omitting from paragraph (ca) of sub-regulation (1.) the word “cadets” (third occurring) and inserting in its stead the word “students”;

(e) by inserting in sub-regulation (l.), after paragraph (e), the following paragraph:—

“(f) the seniority, on joining, of foreign students shall be as determined by the Commandant; and”; and

(f) by omitting from sub-regulation (2.) the word “cadet” (wherever occurring) and inserting in its stead the word “student”.

Preparation of candidates or instruction for payment.

10. Regulation 23 of the Royal Military College Regulations is amended by omitting the word “cadet” and inserting in its stead the word “student”.

Length of course.

11. Regulation 27 of the Royal Military College Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulations:—

“(1.) Subject to the succeeding sub-regulations of this regulation, the normal length of the course of instruction at the College is four years.

“(1a.) The normal length of the course of instruction at the College, in the case of students admitted by way of service entry, is three years.”.

Organization of course.

12. Regulation 29 of the Royal Military College Regulations is amended—

(a)by omitting from sub-regulation (5.) the word “cadet” and inserting in its stead the word “student”;

(b) by inserting in paragraph (a) of sub-regulation (6.), after the word “entry”, the words “or a foreign student”; and

(c) by inserting in that paragraph, after the word “cadet” (second occurring), the words “or the student”.

Expulsion.

13. Regulation 32 of the Royal Military College Regulations is amended by omitting the word “cadet ” and inserting in its stead the word “student”.

14. Regulation 33 of the Royal Military College Regulations is repealed and the following regulation inserted in its stead:—

Discharge of a cadet.

“33.—(1.) For the purposes of section 44 of the Act, each of the following reasons is a reason for the discharge of a cadet who is a soldier:—

(a) that the cadet has been permitted to resign;

(b) that the cadet will, upon being discharged, be appointed an officer of the Military Forces;

(c) that an amount due by a parent or guardian of the cadet under an undertaking given in pursuance of regulation 7 of these Regulations has remained unpaid for a period of thirty days after it became due;

(d) that the cadet has married;

(e) that the cadet is medically unfit for service in the Military Forces;

(f) that the cadet’s mental or physical state is such that the cadet cannot be usefully employed in the Military Forces;

(g)that the cadet has not made satisfactory progress in his studies or exercises;

(h) that the cadet is unlikely to become an efficient officer;

 

(i) that the cadet gave false information to a person to whom information was required to be given in connexion with his enlistment;

(j) that the Commandant is satisfied that the retention of the cadet in the Military Forces is not in the interest of those Forces;

(k)that the cadet has been absent without leave for a period exceeding three months or has suffered frequent convictions for having been absent without leave;

(l) that the cadet has been guilty of misconduct;

(m) that the cadet has been convicted of a crime which, in the opinion of the Military Board, is such as to render that cadet unsuitable for service in the Defence Force;

(n) that the service of the cadet in the Defence Force might, in the opinion of the Military Board, be prejudicial to the security of the Commonwealth; and

(o) that the expulsion of the cadet from the College has been approved.

“(2.) The Governor-General and the Military Board are each an authority for the purposes of section 44 of the Act in relation to the discharge of a cadet.

“(3.) A person holding, or performing the duties of, either of the following appointments is an authority for the purposes of section 44 of the Act in relation to the discharge of a cadet:—

(a) Adjutant-General; and

(b) the Commandant.

“(4.) The Military Board, or a person referred to in the last preceding sub-regulation, shall not sign an order for the discharge of a cadet unless the Minister has approved the discharge of the cadet.

“(5.) Regulations 179 and 180 of the Australian Military Regulations apply to and in relation to the discharge of a cadet by an authority prescribed by this regulation in like manner as they apply to and in relation to the discharge of a soldier under the Australian Military Regulations.”.

15. Regulation 35 of the Royal Military College Regulations is repealed and the following regulation inserted in its stead:—

Removal of student.

“35. Where the Commandant is satisfied that he would order the discharge of a student, being a New Zealand Cadet or a foreign student, if the student were a soldier whose discharge had been approved by the Minister, he may, subject to the approval of the Minister, direct that the student be removed from the College.”.

Summary offences.

16. Regulation 37 of the Royal Military College Regulations is amended by omitting from paragraph (f) of sub-regulation (1.) the words “Five pounds” and inserting in their stead the words “Ten dollars”.

Modification of Australian Military Regulations and Army Act.

17. Regulation 39 of the Royal Military College Regulations is amended—

(a)by omitting from sub-regulation (1.) the word “cadet” (wherever occurring) and inserting in its stead the word “student”; and

(b)by omitting from sub-regulation (2.) the word “cadets” (wherever occurring) and inserting in its stead the word “students”.

18. After regulation 39 of the Royal Military College Regulations the following regulation is inserted:—

Foreign students.

“39a.—(1.) A foreign student is subject to the discipline of the Australian Military Forces as if he were a cadet.

 

“(2.) Where a foreign student does, or omits to do, an act the doing or the omission of which would, if the foreign student were a cadet, constitute an offence against the Act, the Australian Military Regulations or these Regulations, the student commits an offence against this regulation punishable, upon conviction by the Commandant, or a person to whom the Commandant has delegated his powers under regulation 38 of these Regulations, by a punishment specified in sub-regulation (1.) of regulation 37 of these Regulations.

“(3.) The imposition of a punishment under the last preceding sub-regulation is subject to the provisions of sub-regulations (2.), (3.) and (6.) of regulation 37 of these Regulations and, if the foreign student is convicted by a person to whom the Commandant has delegated his powers under regulation 38 of these Regulations, to any limitations on the exercise of the powers so delegated specified in the instrument of delegation.

“(4.) Before imposing a penalty on a foreign student, the Commandant, or the person to whom the Commandant has delegated his powers, shall enquire into the alleged offence as nearly as possible in the same manner as he would enquire into an offence alleged to have been committed by a cadet and, for the purposes of that enquiry, he has all the powers that he would have if he were enquiring into an offence alleged to have been committed by a member of the Permanent Military Forces.

“(5.) For the purposes of the application of the Act, the Australian Military Regulations and these Regulations to and in relation to a foreign student, an officer, a warrant officer and a non-commissioned officer of the Australian Military Forces, and a student designated by a rank superior to the rank by which the foreign student is designated, shall be taken to be the superior officer of the foreign student.

“(6.) Section 108 of the Act does not apply to or in relation to a foreign student.”.

Presentations forbidden.

19. Regulation 40 of the Royal Military College Regulations is amended by omitting the word “cadet” (wherever occurring) and inserting in its stead the word “student”.

Saluting.

20. Regulation 41 of the Royal Military College Regulations is amended by omitting the word “Cadets” and inserting in its stead the word “Students”.

Intoxicating liquor.

21. Regulation 42 of the Royal Military College Regulations is amended by omitting the word “cadet” (wherever occurring) and inserting in its stead the words “student”.

Gambling forbidden.

22. Regulation 43 of the Royal Military College Regulations is amended by omitting the word “cadet” and inserting in its stead the word “student”.

Keeping motor cycles, etc.

23. Regulation 43a of the Royal Military College Regulations is amended by omitting the word “cadet” and inserting in its stead the word “student”.

Leave.

24. Regulation 44 of the Royal Military College Regulations is amended by omitting from paragraph (c) the word “cadets” and inserting in its stead the word “students”.

Sick leave.

25. Regulation 44a of the Royal Military College Regulations is amended by omitting the word “cadet” and inserting in its stead the word “student”.

Emergency leave.

26. Regulation 44b of the Royal Military College Regulations is amended by omitting the word “cadet” (wherever occurring) and inserting in its stead the word “student”.

 

Presents forbidden.

27. Regulation 54 of the Royal Military College Regulations is amended by omitting the word “cadet” and inserting in its stead the word “student”.

28. Regulation 61 of the Royal Military College Regulations is repealed and the following regulation inserted in its stead:—

Cadets may be directed to perform duty with other units.

“61.—(1.) The Commandant may, with the approval of the Military Board, by instrument under his hand, direct a cadet to perform duty with a unit of the Australian Military Forces other than the Corps of Staff Cadets during a period specified in the instrument.

“(2.) Where a direction under the last preceding sub-regulation has been given to a cadet—

(a)the cadet shall be attached to the unit of the Australian Military Forces for the period specified in the instrument; and

(b)the Commandant may grant to the cadet, during that period, the rights, powers and privileges of a Second Lieutenant.

“(3.) During the period during which a cadet has been granted the rights, powers and privileges of a Second Lieutenant, the cadet—

(a) is entitled to wear the uniform, and the badges of rank, of a Second Lieutenant;

(b) is entitled to be addressed as if he held the rank of Second Lieutenant;

(c)is entitled to all the rights and privileges of Second Lieutenant in relation to any member of the unit to which he is attached, and shall exercise the powers and perform the functions of a Second Lieutenant in that unit; and

(d)is entitled to be paid pay and allowances at the rates payable under the Military Financial Regulations to a Second Lieutenant who has less than one year’s pay seniority in lieu of the pay and allowances that he would otherwise be entitled to under these Regulations.”.

Fifth Schedule.

29. The Fifth Schedule to the Royal Military College Regulations is repealed.

Seventh Schedule.

30. The Royal Military College Regulations are amended by adding at the end thereof the following Schedule:—

“SEVENTH SCHEDULE. Regulation 14a.

———

Commonwealth of Australia.

Royal Military College Regulations.

FORM OF UNDERTAKING BY FOREIGN STUDENTS.

I, , having been nominated by the Government of  for admission to the Royal Military College of Australia, hereby undertake to comply with the Royal Military College Regulations while at the College.

(Signature.)

Date.

(Signature of Commandant or Officer authorized by the Commandant.)

 

By Authority: A. J.