STATUTORY RULES.
1942. No. 25.
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 Regulation under the Naval Defence Act 1910-1934.
Dated this twenty-eighth day of January, 1942.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
Minister of State for the Navy.
Amendment of the Naval College Regulations †
Kit.
Regulation 64 of the Naval College Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—
“(2.) A Cadet Midshipman dismissed or withdrawn from the College shall return to store all articles of uniform except those which, in the opinion of the Captain, are not suitable for sale to other Cadet Midshipmen or are necessary to enable the Cadet Midshipman to proceed to his home suitably clothed.”.
* Notified in the Commonwealth Gazette on , 1942.—Tenth 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; 1938, No. 21; and 1940, No. 195.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
8383.—18/10.1.1942.
Overview
Statutory Rules 1942 No. 25, enacted under the authority of the Naval Defence Act 1910-1934, was introduced to amend the Naval College Regulations. The regulation was made by the Governor-General, acting on the advice of the Federal Executive Council, and it specifically targets the procedures for cadets dismissed or withdrawn from the naval college. The policy objective of this regulation is to ensure that cadets returning all articles of uniform, except those deemed unsuitable for sale or necessary for their journey home, are properly accounted for, thus maintaining the integrity and operational efficiency of the naval training program. This legislative instrument aimed to address a gap in the management of cadets' uniforms upon their departure from the college, ensuring that naval resources are not lost and that cadets are sent home in a manner that upholds the standards of the institution.
Scope and Application
The Statutory Rules 1942 No. 25, made under the Naval Defence Act 1910-1934, pertain specifically to the regulation of activities and conditions at the Naval College. These regulations apply to Cadet Midshipmen enrolled at the College, governing their conduct and the management of their uniforms upon dismissal or withdrawal from the institution. The regulation sets out that any Cadet Midshipman who is dismissed or withdraws must return all articles of uniform, with specific exceptions made for items deemed unsuitable for sale to other cadets or necessary for the individual to return home suitably clothed. This regulation is part of a broader legislative framework that extends its authority over the Commonwealth of Australia, enforcing standards and practices within the Australian Defence Force. The scope of these regulations is limited to the Naval College and its immediate operations, with no explicit mention of broader applications or exclusions in the provided excerpt. The regulations are designed to maintain discipline and order within the institution, ensuring that resources are appropriately managed and that cadets are treated fairly upon leaving the College.
Key Provisions
The primary operative section of this statutory rule, Regulation 64, amends the existing Naval College Regulations (sub-regulation 2). It specifies the conditions under which a Cadet Midshipman who has been dismissed or withdrawn from the College must return their articles of uniform (section 64(2)). Specifically, all uniform articles must be returned, except those that the Captain deems unsuitable for sale to other Cadet Midshipmen or necessary for the Cadet to proceed to their home suitably clothed.
The Act imposes obligations on Cadet Midshipmen who have been dismissed or withdrawn from the College. They are required to return their uniform articles, ensuring that any items not to be returned are either deemed unsuitable for sale or necessary for their personal use upon leaving the College. The Captain has the discretion to determine which articles fall into these categories. This regulation aims to maintain the integrity and uniformity of the College's uniform standards while also considering the practical needs of departing Cadets.
Breaches of these provisions could potentially lead to disciplinary actions under the broader Naval Defence Act 1910-1934, although specific offences or penalties are not detailed in this particular statutory rule. The overarching Act may, however, provide for a range of civil and criminal consequences for non-compliance with its provisions. This could include fines or imprisonment, depending on the severity of the breach and the discretion of the court. The exact penalties would be determined in accordance with the broader legal framework established by the Naval Defence Act 1910-1934.