STATUTORY RULES.
1918. No. 120.
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REGULATIONS UNDER THE DEFENCE ACT 1903-1917
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 Defence Act 1903-1917 to come into operation forthwith.
Dated this fifteenth day of May, 1918.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Minister of State for Defence.
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Amendment of Regulations for the Royal Military College of Australia.
Regulations for the Royal Military College of Australia are amended as follows:—
Regulation 7—Add:—
“(d) Parents or guardians of a candidate for a Commonwealth vacancy open only to sons of persons who have been on active service abroad in the Royal Australian Navy, the Australian Imperial Force, or the Naval and Military Expeditionary Force in the present war, must furnish a certificate that the candidate is competing for such a vacancy”.
Regulation 8—Insert “(i)” after “8”.
Add:—
“(ii) Provided that notwithstanding anything in this regulation, six of the vacancies allotted annually for candidates under nineteen years of age will be set apart irrespective of the State of residence for the sons of persons who have been on active service abroad in the Royal Australia Navy, the Australian Imperial. Force, or the Naval and Military Expeditionary Force during the present war, with the condition that no such candidate will be admitted who receives less than half-marks in the aggregate of the subjects in the examination. Should less than six candidates qualify under this provision, the vacancies remaining will be offered to other candidates who have qualified at the same examination in order of merit. The order of merit will be determined by adding together the whole of the marks obtained by each candidate in the examination.”
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Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Statutory Rules of 1918, No. 120, under the Defence Act 1903-1917, were enacted to address the specific needs of candidates who are the sons of service personnel from World War I. These regulations were established by the Governor-General in Council, acting on the advice of the Federal Executive Council, and came into operation immediately upon their issuance. The policy objective of these regulations was to provide preferential treatment in admissions to the Royal Military College of Australia for the sons of military personnel who served abroad during the war, ensuring that these candidates are recognised and accommodated in the college's selection process. This legislative measure aimed to honour the service and sacrifice of the families of those who fought in the war by offering their offspring unique opportunities within the Defence sector.
Scope and Application
The Statutory Rules 1918 No. 120, made under the Defence Act 1903-1917, specifically amend the regulations governing the Royal Military College of Australia. These regulations pertain to candidates who are the sons of individuals who have served on active duty in the Royal Australian Navy, the Australian Imperial Force, or the Naval and Military Expeditionary Force during the current war. Parents or guardians of such candidates must provide a certificate confirming the eligibility of the candidate for the designated vacancies. Furthermore, these regulations ensure that six of the annual vacancies for candidates under the age of nineteen are reserved for the sons of war service personnel, regardless of their state of residence, with an additional requirement that such candidates must achieve at least half marks in their examination subjects. If fewer than six candidates qualify under this provision, the remaining vacancies will be offered to other qualified candidates in order of merit based on their aggregate examination marks. This regulation applies nationally within the Commonwealth of Australia and is enforced through the provisions of the Defence Act 1903-1917.
Key Provisions
The main provisions of these Regulations under the Defence Act 1903-1917 concern the amendment of the Regulations for the Royal Military College of Australia. Regulation 7 is amended to require parents or guardians of candidates for Commonwealth vacancies that are exclusively for sons of persons who have been on active service abroad in specific armed forces during the current war to provide a certificate attesting to this fact (Reg. 7(d)). Additionally, Regulation 8 is modified to specify that six vacancies for candidates under nineteen years of age will be reserved for such sons, regardless of their state of residence, but only if they achieve at least half marks in their examination (Reg. 8(ii)). If fewer than six eligible candidates qualify, the remaining vacancies will be offered to other qualified candidates in order of their examination merit, determined by the total marks obtained.
These Regulations impose specific obligations on the parents or guardians of candidates for the Royal Military College of Australia. They must furnish a certificate affirming the eligibility of their child if the vacancy is reserved for sons of service personnel (Reg. 7(d)). Furthermore, the eligibility criteria for the reserved vacancies are stringent; candidates must not only be sons of those on active service but also achieve at least half marks in their examination (Reg. 8(ii)). If fewer than six candidates meet these criteria, the surplus vacancies will be filled by other qualified candidates based on their examination performance.
Failure to comply with these Regulations could result in civil or criminal consequences, although the specific penalties are not detailed within the text. The broad nature of the obligations and the importance of the positions involved suggest that non-compliance could lead to serious repercussions, potentially including legal action to enforce the regulations or disciplinary measures within the Defence framework. The precise legal consequences would depend on the context and the severity of the breach.