EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 124
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
NAVAL COLLEGE REGULATIONS (REPEAL)
The Naval College Regulations, made under the Naval Defence Act 1910, provide for the establishment and administration of the Royal Australian Naval College, including provisions relating to the discipline of Cadet Midshipmen and the entry of Cadet Midshipmen to the College. This mode of entry into the Navy has been discontinued and the Naval College Regulations have therefore become redundant.
This Statutory Rule repeals the Naval College Regulations.
Commencement
The repeal has effect from 3 July 1985.
Overview
The Naval College Regulations Repeal Statutory Rules 1985, issued under the authority of the Minister for Defence, repeal the Naval College Regulations that were established under the Naval Defence Act 1910. These regulations originally governed the establishment, administration, discipline, and entry processes of the Royal Australian Naval College for Cadet Midshipmen. With the cessation of this mode of entry into the Navy, the regulations have become obsolete and redundant. The repeal aims to streamline and modernise the regulatory framework by removing outdated provisions. The repeal took effect from 3 July 1985, ensuring that the regulations no longer apply to the administration of the College.
Scope and Application
The Naval College Regulations (Repeal) Statutory Rules 1985 No. 124, issued under the authority of the Minister for Defence, pertains to the cessation of the Naval College Regulations that were previously established under the Naval Defence Act 1910. These repealed regulations originally provided the framework for the establishment and administration of the Royal Australian Naval College, including specific provisions for the discipline of Cadet Midshipmen and their entry into the College. Given that the mode of entry for Cadet Midshipmen into the Navy has been discontinued, the regulations are no longer relevant and thus have been repealed. The repeal applies throughout Australia, reflecting the Commonwealth's jurisdictional reach in matters of defence and military education. There are no stated exclusions or exemptions in this repeal, and it operates independently without the need for subordinate instruments to extend or restrict its application. The repeal took effect from 3 July 1985.
Key Provisions
The main operative sections of the Statutory Rules 1985 No. 124, "Naval College Regulations (Repeal)", provide for the formal repeal of the Naval College Regulations (sections 3 and 4). These sections effectively nullify the existing Naval College Regulations, which were previously established under the Naval Defence Act 1910 (section 1). The repeal takes effect from 3 July 1985, as specified in the commencement section (section 2).
These Regulations impose an obligation to formally repeal the Naval College Regulations, which previously governed the establishment and administration of the Royal Australian Naval College, including discipline and entry provisions for Cadet Midshipmen. Since the mode of entry into the Navy via the Naval College has been discontinued, these regulations are no longer relevant and thus subject to repeal.
Failure to adhere to the repeal of these Regulations does not impose specific penalties or consequences as outlined in the Statutory Rules 1985 No. 124. However, continuing to apply the repealed Naval College Regulations could result in legal complications, as the Regulations are no longer in force. The primary consequence of ignoring the repeal is the potential for administrative and legal issues arising from the application of outdated or non-existent regulations.