Royal Military College Regulations 1951 (Amendment)

Legislation au C1960L00055 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1960. No. 55.

 

REGULATIONS UNDER THE DEFENCE ACT 1903-1956.*

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 1903-1956.

Dated this 18th day of July, 1960.

DUNROSSIL

Governor-General.

By His Excellency’s Command,

J. O. CRAMER

Minister of State for the Army.

 

AMENDMENTS OF THE ROYAL MILITARY COLLEGE REGULATIONS.†

Definitions.

1. Regulation 4 of the Royal Military College Regulations is amended by omitting the definition of “special entry”.

Conditions of eligibility of Commonwealth candidates.

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

(a) by omitting paragraph (c) of sub-regulation (1.) and inserting in its stead the following paragraph:—

“(c) on the thirtieth day of June in the year in which he joins the College, he will have attained the age of seventeen years and will not have attained the age of twenty years;”; and

(b) by omitting sub-regulation (3.).

(2.) The amendment effected by sub-regulation (1.) of this regulation shall come into operation on the first day of January, 1962.

Documents to be furnished by Commonwealth candidates.

3. Regulation 7 of the Royal Military College Regulations is amended by omitting from paragraph (a) of sub-regulation (1.) the words “, or, in the case of a candidate for admission by way of special entry, the Military Board,”.

Selection of Commonwealth candidates.

4. Regulation 8 of the Royal Military College Regulations is amended by omitting sub-regulations (15.), (16.) and (17.).

5. Regulation 9 of the Royal Military College Regulations is repealed and the following regulation inserted in its stead:—

Notification in Gazette.

“9. The names of Commonwealth candidates who are selected for admission as students (shown in two lists, normal entry and service entry, respectively, and arranged, in each case, in the order in which they will be admitted to the College) shall be published in the Gazette.”.

 

* Notified in the Commonwealth Gazette on 20th July, 1960.

† Statutory Rules 1951, No. 40, as amended by Statutory Rules 1955, No. 76; 1957, No. 42; 1958, No. 84; and 1960, No. 13.

3276/60.—PRICE 3D. 9/18.5.1960.


Enlistment and attestation of cadets.

6. Regulation 12 of the Royal Military College Regulations is amended—

(a) by omitting sub-regulation (5.); and

(b) by omitting from sub-regulation (6.) the words “sub-regulation (3.), (4.) or (5.)” and inserting in their stead the words “sub-regulation (3.) or (4.)”.

Classes.

7. Regulation 19 of the Royal Military College Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—

“(2.) A cadet shall, on admission to the College, be allotted—

(a) in the case of normal entry—to the Fourth Class; or

(b) in the case of service entry—to the Third Class.”.

Seniority of cadets.

8. Regulation 20 of the Royal Military College Regulations is amended—

(a) by omitting from paragraph (d) of sub-regulation (1.) the words “or special entry”;

(b) by omitting paragraph (f) of sub-regulation (1.); and

(c) by omitting from paragraph (g) of sub-regulation (1.) the words “or special entry”.

Length of course.

9. Regulation 27 of the Royal Military College Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) The normal length of the course of instruction at the College shall be—

(a) for cadets admitted by way of normal entry—four years; and

(b) for cadets admitted by way of service entry—three years.”.

Organization of course.

10. Regulation 29 of the Royal Military College Regulations is amended by omitting sub-regulation (6.).

Pay.

11. Regulation 46 of the Royal Military College Regulations is amended by omitting sub-regulation (5.).

 

By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.

Overview

Statutory Rules 1960 No. 55, made under the Defence Act 1903-1956, were enacted to address gaps and inconsistencies in the administration and regulations governing the Royal Military College. These regulations were made by the Governor-General, acting on the advice of the Federal Executive Council, and came into effect on the 18th of July, 1960. The objective of these regulations was to streamline and modernise the processes for candidate eligibility, selection, and cadet management within the College. This included updating the age criteria for Commonwealth candidates, modifying the class allocation upon admission, and adjusting the length and organisation of the courses offered. The new regulations aimed to provide a more coherent and efficient framework for the operation of the Royal Military College, ensuring that it met contemporary standards and requirements.

Scope and Application

The Regulations under the Defence Act 1903-1956, as presented in Statutory Rules 1960 No. 55, pertain specifically to the Royal Military College (RMC) and its regulations. They apply to Commonwealth candidates who seek admission to the RMC, modifying various eligibility criteria, documentation requirements, and the selection process for such candidates. These Regulations are part of the Commonwealth’s legislative framework and thus apply nationally within Australia. The Regulations are aimed at updating and refining the conditions for admission and the structure of the course at RMC, ensuring alignment with the contemporary requirements of military education and training. Notably, the Regulations exclude any amendments that might affect state or territory military colleges unless explicitly stated. The application of these Regulations is further extended or restricted through subordinate instruments, which may include additional rules or modifications that support the overarching objectives of the Defence Act and the specific needs of the RMC.

Key Provisions

The Regulations under the Defence Act 1903-1956, particularly those amending the Royal Military College Regulations, introduce several key changes. Regulation 4 has been amended by removing the definition of "special entry" (Reg. 1). Furthermore, Regulation 5 has been altered to specify that Commonwealth candidates must be at least seventeen years old but under twenty years old on 30 June of the year they join the College (Reg. 2(1)). These amendments will take effect from 1 January 1962 (Reg. 2(2)). Regulation 7 now requires Commonwealth candidates to furnish documents directly, without the need for the Military Board’s involvement in special entry cases (Reg. 3). Regulations 8 and 9 have been amended to remove certain subsections and to mandate the publication of selected candidates' names in the Gazette (Reg. 4, 5). The Regulations impose several obligations on the parties involved. Commonwealth candidates must now meet the specified age criteria and submit the required documents directly. The Military Board must select candidates and publish their names in the Gazette. The College is required to allocate cadets to the appropriate class based on their entry type (Reg. 7, 19). Cadets must complete the course within the specified timeframe, with normal entry cadets completing four years and service entry cadets completing three years (Reg. 9). Breach of these Regulations could result in various consequences. While the Regulations themselves do not explicitly state penalties for non-compliance, breaches of Defence Act provisions could lead to civil or criminal penalties, depending on the nature and severity of the breach. The Defence Act provides for a range of penalties, including fines and imprisonment, for violations of its provisions. The exact penalties would depend on the specific breach and the applicable laws.

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Definitions & Interpretation
Conditions of eligibility
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