Naval College Regulations 1931 (Amendment)

Legislation au C1940L00195 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1940. No. 195.

 

REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1934.*

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 Naval Defence Act 1910-1934.

Dated this tenth day of September, 1940.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

Minister of State for the Navy.

 

Amendments of the Naval College Regulations. †

Definitions.

1. Regulation 4 of the Naval College Regulations is amended by inserting, after the definition of “Cadet Midshipman”, the following definition:—

“ ‘Cadet Midshipman (Special Entry)’ means a youth entered in the Royal Australian Navy for the course of training specified in regulation 49b of the Naval Forces Regulations.”,

2. After regulation 31 of the Naval College Regulations the following regulation is inserted:—

Eligibility for Appointment.

“31a.—(1.) No person shall be appointed to the Professorial Staff unless—

(a) he is a natural-born or naturalized British subject;

(b) he produces within such time as is specified by the Naval Board—

(i) a properly certified extract from an official register of births, or other satisfactory evidence of age, and

(ii) a certificate by a medical practitioner, registered within the Commonwealth and approved by the Naval Board, certifying, in answer to such questions as the Naval Board directs, that he is of sound bodily health and free from physical defects; and

(c) he makes and subscribes an oath or affirmation in accordance with the form in the Schedule to these Regulations.

 

*Notified in the Commonwealth Gazette on    , 1940.—Ninth amendment.

† Statutory Rules 1931, No. 146, as amended by Statutory Rules 1932, No. 44; 1934, Nos. 18, 94 and 159; 1935, No. 36; 1936, Nos. 78 and 131; and 1938, No. 21.

5219.—8/26.8.1940.—Price 3d.


(2.) Notwithstanding anything contained in sub-paragraph (ii) of paragraph (b) of the last preceding sub-regulation, a returned soldier may be appointed to the Professorial Staff, although not free from physical defects due to active service, if it is certified by a medical practitioner, registered within the Commonwealth and approved by the Naval Board, that the returned soldier is free from such physical defects as would incapacitate him for the efficient discharge of the duties of the position to which he desires appointment:

Provided that if, in addition, the medical practitioner certifies that any physical defect of the returned soldier is liable to prevent the continuance of efficient service up to the age of 60 years, the returned soldier shall not, if appointed, be deemed to be an employee within the meaning, and for the purposes, of the Superannuation Act 1922–1937.”.

3. Regulation 73 of the Naval College Regulations is repealed and the following regulation inserted in its stead:—

Prizes.

“73.—(1.) The following prizes shall be awarded each year and shall be competed for by each Cadet Midshipman in the final year of his course at the College:—-

(a) Grand Aggregate Prize—Value of approximately Eight pounds; and

(b) (i) Engineering

Value of approximately Two pounds for each subject.

(ii) Navigation.

(iii) History

(iv) French

(v) English

(vi) Mathematics

(vii) Physics and Chemistry

(2.) A Cadet Midshipman shall not be allowed to receive more than two of the prizes provided for in paragraph (b) of sub-regulation (1.) of this regulation, but this limitation shall not affect the award of the Grand Aggregate Prize or the special prizes provided otherwise than by virtue of this regulation.

(3.) A Grand Aggregate Prize of an approximate value of Two pounds shall be awarded and shall be competed for annually by each Cadet Midshipman (Special Entry).

(4.) The total cost of the prizes awarded under this regulation shall not exceed the sum of Twenty-four pounds annually.”.

4. The Naval College Regulations are amended by adding at the end thereof the following Schedule:—

“THE SCHEDULE.

The Schedule.

Regulation 31 a.

OATH.

I, A.B., do swear that I will be faithful and bear true allegiance to the King, and will loyally as in duty bound uphold the Constitution of the Commonwealth of Australia established under the Crown of the United Kingdom. So Help Me God!

AFFIRMATION

I, A.B., do solemnly and sincerely affirm and declare that I will be faithful and bear true allegiance to the King, and will loyally as in duty bound uphold the Constitution of the Commonwealth of Australia established under the Crown of the United Kingdom.’’.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1940, No. 195, made under the Naval Defence Act 1910-1934, aim to amend the Naval College Regulations, addressing issues related to the appointment criteria for the Professorial Staff and the distribution of prizes among Cadet Midshipmen. Enacted by the Governor-General in Council, the primary objective of these regulations is to ensure that the Professorial Staff at the Naval College is composed of individuals who meet stringent health and citizenship requirements, with some flexibility for returned soldiers who have served the nation. Additionally, the regulations introduce a structured prize system for Cadet Midshipmen, both in their final year and for Special Entry candidates, with specific monetary values and limitations on the number of prizes any one Cadet Midshipman may receive. The policy objective is to maintain high standards for those who train future naval officers and to encourage excellence among the Cadet Midshipmen through a formalised prize structure.

Scope and Application

The Naval College Regulations, amended by Statutory Rules 1940, No. 195, apply to the appointments and conduct of the Professorial Staff at the Royal Australian Naval College, ensuring that individuals meeting stringent eligibility criteria are appointed to these roles. The regulations mandate that appointees must be natural-born or naturalized British subjects, provide proof of age and medical fitness, and take an oath of allegiance to the King and the Commonwealth Constitution. Notably, the regulations also provide a pathway for returned soldiers, who may have physical defects due to service, to be considered for appointment if their medical condition does not impede their ability to perform their duties efficiently. The scope of these regulations is geographically confined to the Commonwealth of Australia and pertains specifically to the Naval College's operations, with the regulations detailing the process for awarding prizes to Cadet Midshipmen based on academic performance. Any subordinate instruments extending or restricting the application of these regulations would be made under the authority of the Naval Defence Act 1910-1934.

Key Provisions

The main operative sections of these Regulations under the Naval Defence Act 1910-1934 primarily involve amendments to the Naval College Regulations (paragraphs 1-4). Specifically, they introduce new definitions, eligibility criteria for appointment to the Professorial Staff, modifications to the prize system for Cadet Midshipmen, and the inclusion of a formal oath or affirmation for those appointed (regulations 1, 31a, 73, and Schedule). The Regulations impose several obligations on individuals seeking to be appointed to the Professorial Staff at the Naval College. Firstly, candidates must be natural-born or naturalized British subjects (regulation 31a(1)(a)). Secondly, they must present evidence of their age and a medical certificate confirming they are of sound health and free from physical defects, unless they are returned soldiers with service-related disabilities (regulation 31a(1)(b)). Thirdly, candidates must make and subscribe an oath or affirmation pledging allegiance to the King and loyalty to the Constitution of the Commonwealth of Australia (regulation 31a and Schedule). Failure to comply with these Regulations may lead to civil or criminal consequences, although the specific penalties are not detailed within the text. Generally, non-compliance with regulations governing the appointment and conduct of staff at federal institutions can result in disciplinary action, including dismissal or legal proceedings. However, the precise penalties, whether civil or criminal, are not explicitly stated in these Regulations and would likely be determined by the relevant authorities or subsequent legislation.

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