STATUTORY RULES
1971 No. 149
REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1971.*
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 1910-1971.
Dated this twelfth day of November, 1971.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
MALCOLM MACKAY
Minister of State for the Navy.
Amendments of the Naval College Regulations†
1. Regulation 3 of the Naval College Regulations is repealed and the following regulation inserted in its stead:—
“3. These Regulations are divided into Parts, as follows:—
Part I.—Preliminary (Regulations 1-5).
Part II.—Conditions of Entry and Service (Regulations 6-20).
Part V.—Cadet Midshipmen (Regulations 57-78).
Part VII.—General (Regulation 86).”.
Definitions.
2. Regulation 4 of the Naval College Regulations is amended—
(a) by omitting the definition of “Naval Board” and inserting in its stead the following definition:—
“‘Naval Board’ means the Board of Administration for the Naval Forces appointed under sub-section (1.) of section 7 of the Act;”; and
(b) by omitting the definitions of “Commanding Officer” and “Accountant Officer”.
Objects of College.
3. Regulation 5 of the Naval College Regulations is amended by omitting the words “Naval Defence”.
Repeal of Parts III. and IV.
4. Parts III. and IV. of the Naval College Regulations are repealed.
Repeal of Schedule.
5. The Schedule to the Naval College Regulations is repealed.
* Notified in the Commonwealth Gazette on 1971.
† 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; and 1967, Nos. 96 and 146.
Printed by Authority by the Government Printer of the Commonwealth of Australia
18997/71—Price 5c 10/9.9.1971
Overview
The Naval Defence Act 1910-1971 was enacted to provide for the administration and control of the naval defence forces of Australia. The Act aimed to fill the gap by establishing a legal framework for the governance of the Royal Australian Navy. The 1971 regulations under the Act were introduced by the Governor-General in Council, acting on the advice of the Minister of State for the Navy. The primary objective of these regulations was to streamline and update the existing Naval College Regulations, ensuring they remained aligned with the evolving needs of naval defence and training. The regulations repealed certain parts of the previous regulations and incorporated new definitions, objectives, and structural changes to enhance the efficiency and effectiveness of the naval college operations.
Scope and Application
This Statutory Rule pertains to the regulation of the Royal Australian Naval College, implementing specific provisions under the Naval Defence Act 1910-1971. These regulations apply to all individuals and entities associated with the Naval College, including cadets, officers, and administrative personnel. The scope of the Act extends to the conduct and operations within the Naval College, detailing conditions of entry, service, and the roles and responsibilities of various positions such as cadet midshipmen. The regulations also delineate the structure of the college by reorganising and redefining parts of the existing Naval College Regulations, thereby clarifying the administrative and operational framework. The geographic reach of these regulations is confined to the Commonwealth of Australia, impacting the College and its associated personnel nationwide. Certain exclusions and thresholds are not explicitly stated in the provided text, but the regulations' focus on specific roles and parts of the college suggest that their application is tailored to the unique context of naval training and administration. The Act allows for further elaboration and refinement through subordinate instruments, enabling the regulations to adapt to evolving needs and circumstances.
Key Provisions
The primary operative sections of the Statutory Rules 1971 No. 149, which amends the Naval College Regulations, include the repeal and replacement of Regulation 3, the amendment of Regulation 4, and the repeal of Regulations 5, Parts III and IV, and the Schedule. Regulation 3 (2) reorganises the structure of the Regulations into distinct parts, such as Preliminary, Conditions of Entry and Service, Cadet Midshipmen, and General. Regulation 4 (2) amends the definitions of terms, specifically the "Naval Board," and removes the definitions of "Commanding Officer" and "Accountant Officer." Regulation 5 (3) modifies the objectives of the college by removing the reference to "Naval Defence." The repeal of Parts III and IV, along with the Schedule, signifies a comprehensive restructuring of the existing regulations.
These amendments impose specific obligations on the Naval College and its personnel. The redefinition of the "Naval Board" in Regulation 4 (2) (a) clarifies the administrative body responsible for the college's governance. The removal of the "Commanding Officer" and "Accountant Officer" definitions in Regulation 4 (2) (b) indicates a shift in the roles and responsibilities within the college. Regulation 5 (3) alters the college's objectives, focusing on its purpose without the explicit mention of "Naval Defence." The repeal of Parts III and IV and the Schedule suggests a streamlining of procedures and a potential reduction in the complexity of the existing regulations.
Under these Regulations, breaches may lead to civil or criminal consequences, although specific offences and penalties are not detailed within the text provided. The maximum penalties for breaches would typically be stipulated in the Naval Defence Act 1910-1971 or other related legislation. The lack of explicit mention of penalties in the current Regulations implies that the severity of consequences for non-compliance would be governed by the overarching Act or any other applicable laws.