Royal Military College of Australia Regulations (Amendment)

Overview

Statutory Rules 1918, No. 324, enacted under the Defence Act 1903-1918, addresses the need to regulate the use of roads and ways on or passing through the grounds of the Royal Military College at Duntroon. This regulation was introduced by the Governor-General in Council to ensure the smooth and orderly operation of the college by granting authority to the Commandant or authorised personnel to issue orders regarding the use of these areas. The primary objective of this regulation is to maintain discipline and control over the movement of people and vehicles within the college grounds, thereby supporting the overall function and security of the institution. The regulation imposes a penalty for non-compliance with the issued orders, reinforcing the legal obligation to adhere to these directives.

Scope and Application

The Regulation under the Defence Act 1903-1918, made by the Governor-General, specifically targets the regulation of the use of roads and ways on or near the grounds of the Military College. The amendment to the Military College Regulations extends the authority of the Commandant, or any authorised person, to issue orders or directions governing the use of these roads and ways by any individuals. Such orders must be conspicuously posted at relevant locations to ensure compliance and are deemed lawfully issued by virtue of their posting. Any failure to adhere to these orders or tampering with them constitutes an offence, subject to a penalty of ten pounds. This regulation applies to all persons found on or near the specified roads and ways within the Military College grounds, encompassing any conduct that directly involves the use or management of these areas. The jurisdictional reach of this Act is national, applying across the Commonwealth of Australia, and it does not specify any exclusions, exemptions, or thresholds within the provided text.

Key Provisions

The primary operative section of this legislation, Regulation 80a, establishes the authority of the Commandant, or an authorised person, to issue orders or directions concerning the use of roads or ways within or passing through the grounds of the Military College. According to subsection 80a(1), these orders can pertain to any person using these roads or ways. The orders or directions must be prominently posted at appropriate locations, as stated in subsection 80a(2). This ensures transparency and accessibility of the directives for all persons affected. Subsection 80a(3) outlines that any individual who fails to adhere to these orders or who damages or tampers with the posted orders without proper authority commits an offence. Furthermore, subsection 80a(4) clarifies that the legality of an order or direction is deemed valid based solely on its presence and posting, negating the need for additional evidence of its issuance in any prosecution under this regulation. This Act imposes specific obligations on individuals and entities, particularly those within or using the Military College grounds. The primary obligation is compliance with any orders or directions issued under Regulation 80a. These orders must be obeyed to maintain order and safety within the College premises. Additionally, individuals must refrain from any actions that interfere with the posted orders, such as defacing or destroying them, unless they have the appropriate authority to do so. The onus lies on all persons to familiarise themselves with these directives to avoid unintentional breaches and the resultant penalties. Breach of the regulations established in Regulation 80a incurs specific consequences. As outlined in subsection 80a(3), failure to comply with the posted orders or directions, or unauthorised interference with these orders, constitutes an offence. The penalty for such an offence is a fine of ten pounds, as stipulated in the regulation. This financial penalty serves as a deterrent against non-compliance, ensuring that individuals understand the importance of adhering to the directives issued by the Commandant or an authorised person. The regulation also removes the necessity for additional proof of order issuance in prosecutions, streamlining the legal process by relying solely on the presence of the posted orders.