Naval College Regulations (Amendment)

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Statutory Rules

1976 No. 54

REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1975.*

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Naval Defence Act 1910-1975.

Dated this fifth day of February, 1976.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

D. J. KILLEN

Minister of State for Defence.

Amendments of the Naval College Regulations†

Commencement.

1. These Regulations shall come into operation on 9 February 1976.

Detections.

2. After Regulation 4 of the Naval College Regulations the following regulation is inserted:—

“ 4a. (1) The Minister may, by writing signed by him, delegate to an officer who holds a rank in the Australian Navy not below the rank of Captain any of his powers or functions under these Regulations, other than this power of: delegation.

“ (2) The Chief of Naval Staff may, by writing signed by him, delegate to an officer who holds a rank in the Australian Navy not below the rank of Captain any of his powers or functions under these Regulations, other than this power of delegation.

“ (3) A delegation under this regulation shall be revocable at will and no delegation shall prevent the exercise of any power or function by the Minister or the Chief of Naval Staff, as the case may be.”.

* Notified in the Australian Government Gazette on 6 February 1976.

† 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; 1940, No. 195; 1942, No. 25; 1944, No. 182; 1947, Nos. 33, 121 and 135; 1948, No. 116; 1949, No. 69; 1950, Nos. 23 and 86; 1951, Nos. 36 and 52; 1952, No. 25; 1956, No. 86; 1961, Nos. 31, 110 and 146; 1963, Nos. 46 and 95; 1965, Nos. 55 and 68; 1966, No. 115; 1967, Nos. 96 and 146; 1971, No. 149; and 1974, No. 101.

3. Regulation 78 of the Naval College Regulations is repealed and the following regulation substituted—

Punishments.

“ 78. A Cadet Midshipman shall be liable to the following punishments which may be awarded severally or conjointly:—

No. of Punishment	By Whom Awarded	Limit of Punishment	Nature of Punishment	Remarks
1.	Captain, subject to approval of the Chief of Naval Staff	..	Dismissal
2.	Captain .........	..	Severe Reprimand	May entail imposition of Captain’s Report to Chief of Naval Staff or Captain’s Warning as appropriate
3.	Captain .........	..	Reprimand
4.	Captain .........	14 days pay	Fine
	Executive Officer ..	7 days pay
5.	Captain .........	1 month ..	Stoppage of Leave
	Executive Officer ..	14 days ....
6.	Captain .........	1 month ....	Loss of Privileges
	Executive Officer ..	14 days
	Training Officer ...	7 days
7.	Captain .........	7 days .....	Extra Drill or Work
	Executive Officer...	4 days
8.	Training Officer....	5 days......	Extra Drill or Work
9.	Year Officer or	3 days .....	Slack Party
9.	Divisional Officer ..	3 days .....	Slack Party
	Chief Cadet Captain .	2 days
	Cadet Captain .....	1 day
10.	Year Officer or
	Divisional Officer ..	4 days .....	Kit Muster ..	For Dress or
			(Maximum duration— 30 minutes on any day)	other clothing offences
	Chief Cadet Captain .	2 days
	Cadet Captain .....	1 day

No. of Punishment	By Whom Awarded	Limit of Punishment	Nature of Punishment	Remarks
11.	Any Cadet Midshipman of the Senior Class	1 occasion within any authorized period for Doubling (i.e. maximum of three times round Quarterdeck in summer on weekdays and twice on Saturdays)	Double around Quarterdeck	May be awarded to Cadet Midshipmen of Class III & IV only

4. The Naval College Regulations are amended as set out in the following table:—

Provision	Amendment
Regulation 3 ......	Repeal.
Regulation 4 ......	Omit the definition of “ Naval Board ”.
	Omit from the definition “ Captain ” the words “ Naval Board ”, substitute the words “ Chief of Naval Staff ”.
	Omit from the definition of “ Guardian ” the words “ Naval Board ”, substitute the words “ Chief of Naval Staff ”.
	Omit the definition of “ year ”, substitute the following definition:— “ ‘ year ’ means the period of 12 months commencing on the first day of January in a year.”.
Regulation 6a .....	Omit from sub-paragraph (iii) of paragraph (a) “ Naval Board ”, substitute “ Chief of Naval Staff ”.
	Omit from paragraph (b) “ sub-regulation (1) of regulation 12 of these Regulations ”, substitute “ sub-regulation 12 (1) ”.
	Omit from paragraph (c) “ of these Regulations ”.
	Omit from paragraph (d) “ fifteen ”, substitute “ 15 ”.
	Omit from paragraph (d) “ seventeen ”, substitute “ 17 ”.
	Omit from paragraph (e) “ of these Regulations ”.
Sub-regulation 6b (1)	Omit from paragraph (a) “ paragraphs (a) and (b) of the last preceding regulation ”, substitute “ paragraphs 6a (a) and (b) ”.
	Omit from paragraph (b) “ Naval Board ”, substitute “ Chief of Naval Staff ”.
	Omit from paragraph (c) “ twenty ”, substitute “ 20 ”.
	Omit from paragraph (d) “ of these Regulations ”.
Sub-regulation 6b (2)	Omit “ Naval Board ”, substitute “ Chief of Naval Staff ”.
	Omit “ paragraph (b) of the last preceding sub-regulation ”, substitute “ paragraph (1) (b) ”,
Sub-regulation 7 (1) .	Omit “ eight ”, substitute “ 8 ”.
	Omit “ of these Regulations ”.
	Omit paragraph (c), substitute the following paragraph:—
	“ (c) who served in an area specified in the first column of the following table during the period specified in the second column of that table:—
		Operational area	Period
		The Northern Territory of Australia north of the parallel 14° 30 south latitude .. .. ..	From and including 19 February 1942 to and including 2 September 1945.
		Torres Strait Islands ..	From and including 14 March 1942 to and including 2 September 1945.
		Territory of New Guinea	From and including 4 January 1942 to and including 2 September 1945.
		Territory of Papua ..	From and including 2 February 1942 to and including 2 September 1945.”.

Provision	Amendment
Sub-regulation 7 (1a) ..	Omit “ the last preceding sub-regulation ” (first occurring), substitute “ sub-regulation (1) ”.
	Omit from paragraph (b) “ paragraph (a) of the last preceding sub-regulation ”, substitute “ paragraph (1) (a) ”.
	Omit from paragraph (c) “ paragraph (b) and (c) of the last preceding sub-regulation ”, substitute “ paragraphs (1) (b) and (c) ”.
Sub-regulation 7 (1b) ..	Omit.
Sub-regulation 8 (1) ..	Omit “ Naval Board ”, substitute “ Chief of Naval Staff ”.
Sub-regulation 9 (1) ..	Omit “ Naval Board ” (wherever occurring), substitute “ Chief of Naval Staff ”.
Sub-regulation 9 (2) ..	Omit “ Naval Board ”, substitute “ Chief of Naval Staff ”.
Sub-regulation 14 (1) ..	Omit “ Naval Board ” (wherever occurring), substitute “ Chief of Naval Staff ”.
Sub-regulation 14 (2) ..	Omit “ of these Regulations ”.
Sub-regulation 14 (3) ..	Omit “ the last preceding sub-regulation ”, substitute “ sub-regulation (2) ”.
	Omit “ paragraph (b) of sub-regulation (1) of regulation 6b of these Regulations ”, substitute “ paragraph 6b (1) (b) ”.
Sub-regulation 14 (4) ..	Omit “ the next succeeding regulation ”, substitute “ regulation 14a ”.
Sub-regulation 14a (1) .	Omit “ Naval Board ” (wherever occurring), substitute “ Chief of Naval Staff ”.
Sub-regulation 14a (2) .	Omit “ the last preceding regulation ”, substitute “ regulation 14 ”.
	Omit “ Naval Forces ”, substitute “ Navy ”.
Regulation 14b ......	Omit “ Naval Board ” (wherever occurring), substitute “ Chief of Naval Staff ”.
	Omit from paragraph (a) “ Naval Forces ”, substitute “ Navy ”.
	Omit from paragraph (b) “ the last preceding regulation ”, substitute “ regulation 14a ”,
Regulation 15 .......	Omit “ any territory or dependency of the Commonwealth ”, substitute “ Territory ”.
	Omit ,“ Territory, or dependency ”, substitute “ or Territory ”,
	Omit “ Naval Board ”, substitute “ Chief of Naval Staff ”.
Regulation 17 .......	Omit “ of these Regulations ”.
	Omit “ Naval Board ”, substitute “ Chief of Naval Staff ”.
Regulation 18 .......	Omit “ Commonwealth of Australia ”.
Regulation 20 .......	Omit “ Naval Board ”, substitute “ Chief of Naval Staff ”.
	Omit from paragraph (a) “ three ”, substitute “ 3 ”.

Overview

Statutory Rules 1976 No. 54, made under the Naval Defence Act 1910-1975, were introduced to refine and modernise the regulations governing the Australian Naval College. Enacted by the Governor-General of the Commonwealth of Australia with the advice of the Executive Council, these regulations aimed to streamline administrative processes and update the framework governing the disciplinary and operational aspects of the Naval College. The policy objective behind these amendments is to ensure that the Naval College operates efficiently and effectively, reflecting current organisational structures and operational needs. The changes include delegating powers to higher-ranking officers, updating definitions, and clarifying the authority of different officials within the college.

Scope and Application

The Statutory Rules 1976 No. 54, Regulations under the Naval Defence Act 1910-1975, apply to the Australian Navy and its officers, specifically those of the rank of Captain and above, including the Minister of Defence and the Chief of Naval Staff. These Regulations govern the delegation of powers and functions, as well as the disciplinary actions available against Cadet Midshipmen at the Australian Naval College. The scope of these Regulations is confined to the Commonwealth of Australia, and they amend the existing Naval College Regulations by replacing references to the Naval Board with the Chief of Naval Staff, thereby centralising authority within the Navy. These Regulations came into operation on 9 February 1976 and may be further extended or restricted through subordinate instruments as deemed necessary by the Minister or the Chief of Naval Staff.

Key Provisions

The primary provisions of these Regulations involve delegation of powers to certain officers within the Australian Navy, the definition of punishments for Cadet Midshipmen, and amendments to various sections of the Naval College Regulations. Specifically, section 2 of the Regulations introduces a new regulation (4a) that allows the Minister or the Chief of Naval Staff to delegate their powers or functions to an officer of the rank of Captain or above. This delegation is revocable at any time and does not restrict the Minister or Chief of Naval Staff from exercising their powers or functions directly. Section 3 replaces the existing regulation 78 of the Naval College Regulations with a new regulation that specifies the types of punishments that may be imposed on Cadet Midshipmen, the officers who may impose these punishments, and the limits on the duration and nature of these punishments. Section 4 provides a detailed table of amendments to various sections of the Naval College Regulations, replacing references to the "Naval Board" with references to the "Chief of Naval Staff." The Regulations impose obligations on the Minister and the Chief of Naval Staff to ensure that any delegation of their powers or functions is done properly and in accordance with the Regulations. They also impose obligations on officers who receive such delegations to exercise the delegated powers or functions properly and in accordance with the Regulations. The Regulations also impose obligations on the officers responsible for imposing punishments on Cadet Midshipmen to ensure that these punishments are carried out properly and in accordance with the Regulations. Failure to comply with the Regulations may result in disciplinary action being taken against the relevant officer or Cadet Midshipman. In addition, section 78 of the Regulations provides for a range of punishments that may be imposed on Cadet Midshipmen who breach the Regulations or other rules or instructions issued under the Naval Defence Act 1910-1975. These punishments include dismissal, reprimands, fines, stoppage of leave, loss of privileges, extra drill or work, slack party, and kit muster. The maximum duration of these punishments is specified in the Regulations. It is important to note that these Regulations do not provide for any criminal penalties for breach.

Area of Law: Military Law
Instrument: Regulation
Concepts: Commencement Provisions; Delegated & Subordinate Legislation; Reporting & Disclosure Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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