STATUTORY RULES.
1912. No. 86.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903–1911.
Regulations (Provisional) for the Royal Military College of Australia—Regulations 63 and 69—Amendments.
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 Regulations under the Defence Act 1903-1911 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.
Dated this eighth day of May, One thousand nine hundred and twelve.
DENMAN,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE.
REGULATIONS (PROVISIONAL) FOR THE ROYAL MILITARY COLLEGE OF AUSTRALIA.
Amendments.
Regulations 63 and 69 are cancelled, and the following substituted therefor:—
“63.—The terms will be:—Autumn term.—From about 15th March to about 30th June. Spring term.—From about 10th July to about 10th December. From about 1st February to 15th March, Cadets will go into camp. Between the end of the Spring Term and the commencement of Camp Training, Cadets may be granted leave of absence under paragraph 69 (c).”
“69.—XII.—Leave.—The Commandant is authorized to grant leave—
(a) To all persons on the establishment at such times as the good of the service will permit;
(b) to members of the Staff, whose services can be spared, for the entire period of the suspension of the ordinary academic studies;
(c) to Cadets in the leave period between the Spring Term and the Annual Camp Training.”
Printed and Publisher for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.5873.—Price 3d.
Overview
The Statutory Rules 1912 No. 86, enacted in 1912, are Provisional Regulations under the Defence Act 1903–1911, specifically addressing the terms and leave conditions for the Royal Military College of Australia. This legislative instrument was issued by the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council due to the urgency of the matter. The primary objective of these regulations is to establish the academic terms and leave provisions for cadets, ensuring that the operational needs of the college are met while allowing for appropriate rest and study periods for the cadets. The urgency of these regulations highlights their importance in maintaining the structured functioning of the Royal Military College during a critical period.
Scope and Application
The Provisional Regulations under the Defence Act 1903-1911, specifically concerning the Royal Military College of Australia, apply to the administrative and operational aspects of the college, including its academic terms and cadet leave policies. These regulations directly affect the college's personnel, which include the Commandant, staff members, and cadets. The geographic reach of these regulations is confined to the Commonwealth of Australia, particularly to the operations of the Royal Military College within its jurisdiction. The regulations do not explicitly mention any exclusions or exemptions, suggesting that they apply broadly to all personnel within the college unless otherwise specified by the Commandant. The regulations provide a structured framework for the academic terms and leave policies, which are essential for the smooth functioning of the military college. Additionally, these provisional regulations underscore the urgency and temporary nature of the provisions until further legislative amendments are made.
Key Provisions
The main operative sections of this statutory rule, specifically Regulations 63 and 69, pertain to the terms of the academic year and the granting of leave for the Royal Military College of Australia. Regulation 63 outlines the academic terms, indicating that the Autumn term runs from approximately 15th March to about 30th June, and the Spring term from about 10th July to about 10th December (63). It also specifies that cadets will go into camp from about 1st February to 15th March, with leave potentially being granted to cadets between the end of the Spring Term and the commencement of Camp Training (63). Regulation 69 details the conditions under which leave may be granted: the Commandant can grant leave to all personnel as the good of the service allows, to staff members whose services can be spared for the duration of the suspension of ordinary academic studies, and to cadets during the leave period between the Spring Term and the Annual Camp Training (69).
These regulations impose several obligations on the parties involved. Firstly, the Commandant must adhere to the prescribed terms of the academic year as outlined in Regulation 63, ensuring that the college operates within these specified timeframes. The Commandant also has the authority and responsibility to grant leave as permitted under Regulation 69, taking into consideration the operational needs of the service and the availability of staff and cadets. Additionally, the regulations require that the leave periods for cadets and staff are managed in a manner that supports both the academic and operational requirements of the college.
Breaches of these regulations may have both civil and criminal consequences. For instance, if the Commandant fails to adhere to the specified academic terms or improperly grants leave outside the stipulated conditions, this could be considered a failure to comply with statutory obligations. Such non-compliance might result in disciplinary action or other administrative penalties. Although the statutory rule does not explicitly outline specific maximum penalties for breaches, any such violations could lead to broader legal repercussions depending on the severity and impact of the breach, potentially including fines or other sanctions as determined by relevant authorities.
In summary, the Provisional Regulations under the Defence Act 1903-1911 establish clear terms for the academic year and the granting of leave at the Royal Military College of Australia, with specific responsibilities placed on the Commandant to manage these provisions effectively. Failure to comply with these regulations could result in administrative or legal consequences, although the specific penalties are not detailed within the statutory rule itself.