STATUTORY RULES.
1936. No. 78.
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REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1934.*
I, THE Deputy of the GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Naval Defence Act 1910-1934.
Dated this seventeenth day of June, 1936.
Deputy of the Governor-General.
By His Excellency’s Command,
Minister of State for Defence.
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Amendment of Naval College Regulations.†
Physical requirements.
Regulation 12 of the Naval College Regulations is amended by inserting, after sub-regulation (1.) the following new sub-regulation:—
“(1a.) A candidate will, before being accepted for entry to the College, be required to undergo a refractory test by an ophthalmic specialist. All expenses in connexion with such test must be borne by the candidate’s parent or guardian.”
* Notified in the Commonwealth Gazette on , 1936.
† Statutory Rules 1931, No. 146, as amended by Statutory Rules 1932, No. 44; 1934, Nos. 18, 94 and 159 ; and 1935, No. 36.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
2874.—9/5.6.1936.—Price 3d.
Overview
The Statutory Rules 1936 No. 78, made under the authority of the Naval Defence Act 1910-1934, introduce amendments to the Naval College Regulations, particularly concerning the physical requirements for candidates seeking entry into the Naval College. Enacted by the Deputy of the Governor-General in Council, these regulations address the need to ensure that candidates meet specific health standards, specifically by requiring an ophthalmic specialist's refractory test before acceptance. This legislative instrument aims to enhance the screening process for candidates to the Naval College, ensuring that they are fit for service. The policy objective underlying these regulations is to maintain high standards of health and readiness among naval personnel, which is crucial for the effective functioning of the Australian Navy.
Scope and Application
The Naval Defence Act 1910-1934 is a piece of Australian Commonwealth legislation that establishes the framework for the defence and administration of the Royal Australian Navy. The act applies to individuals and entities involved in the operations, governance, and training of the Royal Australian Navy, particularly focusing on the Naval College, which is central to the training of naval officers. The scope of these regulations extends to prospective candidates seeking entry into the Naval College. These regulations specifically mandate that candidates must undergo a refractory test by an ophthalmic specialist prior to acceptance into the College, with any associated costs to be covered by the candidate’s parent or guardian. The jurisdiction of these regulations is limited to the Commonwealth of Australia, thereby ensuring compliance with federal standards for the training and selection of naval officers. There are no stated exclusions or exemptions within the provided legislative instrument, and the regulations apply uniformly to all candidates without any specified thresholds. The application of these regulations can be extended or modified through subordinate instruments, thereby allowing for adaptive amendments to meet changing requirements or standards.
Key Provisions
The main operative sections of these Regulations under the Naval Defence Act 1910-1934 are focused on amending the existing Naval College Regulations, particularly regarding the physical requirements for candidates applying for entry into the College. Specifically, Regulation 12 is amended to include a new sub-regulation (1a) (Reg. 12(1a)). This new sub-regulation mandates that all candidates must undergo a refractory test conducted by an ophthalmic specialist before they can be accepted for entry. The financial responsibility for this test lies with the candidate's parent or guardian, ensuring that the necessary medical evaluation is carried out.
The Regulations impose clear obligations on candidates seeking admission to the Naval College. Prospective candidates must now ensure they complete a refractory test by an ophthalmic specialist as a prerequisite for entry. This requirement underscores the importance of meeting specific health standards, particularly related to vision, before commencing training at the College. Additionally, the obligation to cover the costs of this test falls on the candidate's parent or guardian, reinforcing the shared responsibility in the candidate's preparation for entry.
There are no explicit offences, penalties, or civil/criminal consequences outlined in these Regulations for failure to comply with the newly mandated refractory test. However, not meeting this requirement would likely result in the candidate not being accepted for entry into the Naval College. While the Regulations do not specify a formal penalty, the consequence of non-compliance is the exclusion from the program, which is significant given the competitive nature of entry into the Naval College. This underscores the importance of adhering to the stipulated health and medical requirements.