Royal Military College Regulations 1939 (Amendment)

Legislation au C1939L00094 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1939. No. 94.

—————

REGULATIONS UNDER THE DEFENCE ACT 1903-1939.*

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 1903-1939.

Dated this Twentieth day of September,1939.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

Minister of State for Defence.

———

Amendments of the Royal Military College Regulations.

Conditions of eligibility (Commonwealth candidates).

1. Regulation 5 of the Royal Military College Regulations is amended—

(a) by omitting from paragraph (c) of sub-regulation (3.) the words “March in the year” and inserting in their stead the words “the month”; and

(b) by omitting paragraphs (d) and (e) of sub-regulation (3.) and inserting in their stead the following paragraphs:—

“(d) he has obtained at a Public Examination the Leaving Certificate (or equivalent educational qualification) including two mathematical subjects;

(e) he is recommended by the Selection Board in accordance with sub-regulation (6.) of regulation 8 of these Regulations; and”.

Selection of Commonwealth candidates.

2. Regulation 8 of the Royal Military College Regulations is amended—

(a) by omitting from paragraph (a) of sub-regulation (3.) the word “or” (last occurring); and

(b) by inserting after paragraph (b) of sub-regulation (3.) the following paragraph:—

“; or (c) in the case of candidates for special entry, have been found medically fit in accordance with such standard as is approved by the Military Board and possess the prescribed educational qualifications.”.

*Notified in the Commonwealth Gazette on ,1939.

†Statutory Rules 1939, No. 7.

4666.—25/25.8.1939.—Price 3d.


Dates of examinations and admissions.

3. Regulation 11 of the Royal Military College Regulations is amended by omitting from sub-regulation (3.) the words “the first day of March: provided that when the first day of March is a Sunday they shall join on”.

Allowances.

4. Regulation 46 of the Royal Military College Regulations is amended by omitting paragraph (c) of sub-regulation (2.) and inserting in its stead the following paragraph:—

“(c) Maintenance allowance at the rate of £262 per annum.”.

Adjustment of accounts.

5. Regulation 47 of the Royal Military College Regulations is amended by omitting the proviso to sub-regulation (2.) and inserting in its stead the following proviso:—

“Provided that where a cadet is expelled, removed or permitted to resign during his first year as a student, the amount of the unexpended portion of his outfit allowance, as determined by the Commandant, may be deducted from the balance standing to his credit.”.

Second Schedule.

6. The Second Schedule to the Royal Military College Regulations is amended—

(a) by omitting from paragraph 1. the word “To” and inserting in its stead the words “Subject to paragraph 3 of this Schedule, to”; and

(b) by omitting paragraph 3. and inserting in its stead the following paragraph:—

“3. A candidate may be deemed by the Selection Board to be qualified in accordance with this Schedule if, having failed in one subject, he has, in the opinion of the Board, passed at a sufficiently high standard in four subjects.”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

Statutory Rules 1939, No. 94, under the Defence Act 1903-1939, was enacted by the Governor-General in Council to amend the regulations governing the Royal Military College (RMC). The regulations were intended to refine the eligibility criteria for prospective cadets, adjust educational requirements, and alter the conditions of allowances and admissions. The Defence Act 1903-1939 provided the legislative framework under which these amendments were made, addressing the need for updated standards and procedures at the RMC to align with contemporary educational and medical standards. The policy objective of these regulations was to ensure that the RMC maintained high standards in selecting and supporting its cadets, reflecting the evolving requirements of military training and education.

Scope and Application

The Regulations made under the Defence Act 1903-1939 apply specifically to the Royal Military College (RMC) and its operations. They pertain to the conditions of eligibility and selection of Commonwealth candidates for entry into the RMC, as well as the dates of examinations and admissions, allowances for cadets, and the adjustment of accounts for cadets who are expelled, removed, or permitted to resign during their first year. The Regulations amend the Royal Military College Regulations to adjust the eligibility criteria, which now require candidates to obtain the Leaving Certificate or an equivalent educational qualification, including two mathematical subjects, and to be recommended by the Selection Board. Additionally, the Regulations modify the selection process for candidates for special entry, stipulating that they must be found medically fit according to a standard approved by the Military Board and possess the prescribed educational qualifications. The changes also include adjustments to the dates of examinations and admissions, an update to the maintenance allowance for cadets, and modifications to the financial provisions regarding the unexpended portion of outfit allowances for cadets who leave during their first year. These Regulations apply on a national level within Australia, impacting the selection and admission processes at the Royal Military College.

Key Provisions

These regulations, made under the Defence Act 1903-1939, primarily amend the Royal Military College Regulations. Regulation 5(3) modifies the conditions of eligibility for Commonwealth candidates, requiring them to have obtained the Leaving Certificate (or equivalent) with two mathematical subjects and be recommended by the Selection Board, as per Regulation 8(6) of the Royal Military College Regulations. Regulation 8(3) further refines the selection process for candidates, allowing special entry for those who meet medical fitness standards approved by the Military Board and possess the necessary educational qualifications. Additionally, Regulation 11(3) adjusts the dates for examinations and admissions, removing the specific reference to the first day of March. The regulations impose specific obligations on the parties involved. For Commonwealth candidates, they must meet stringent educational and medical criteria, as outlined in Regulations 5(3) and 8(3). The Selection Board must adhere to the criteria set out in Regulation 8(6) for recommending candidates, ensuring they meet the educational standards and any other conditions deemed necessary by the Board. The Military Board is responsible for approving the medical fitness standards for special entry candidates as per Regulation 8(3). The Commandant has the authority to determine the unexpended portion of the outfit allowance to be deducted from a cadet’s account in cases of expulsion, removal, or resignation during the first year, as per Regulation 47. Failure to comply with these regulations can result in various consequences. Although the document does not explicitly state the penalties for non-compliance, it is understood that breaches of the Defence Act 1903-1939 could lead to legal action under the relevant sections of the Act. The specific penalties would depend on the nature and severity of the breach, but they could include fines, imprisonment, or other legal sanctions. The precise penalties are not detailed in these regulations but would be outlined in the Defence Act itself.

Legal classification tags

Area of Law
Defence Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Conditions of Eligibility
Regulatory Standards

Interactions

Authorises

All Versions

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.