STATUTORY RULES.
1958. No. 84
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 19th day of December, 1958.
W. J. Slim
Governor-General.
By His Excellency’s Command,
J. O. CRAMER
Minister of State for the Army.
Amendment of the Royal Military College Regulations.†
Commencement.
1. These Regulations shall be deemed to have come into operation on the twenty-fifth day of January, 1958.
Travelling warrants.
2. Regulation 56 of the Royal Military College Regulations is amended—
(a) by inserting in sub-regulation (2.), after the word “removed”, the words “in the circumstances specified in the next succeeding sub-regulation”; and
(b) by adding at the end thereof the following sub-regulation:—
“(3.) The last preceding sub-regulation applies, in the case of a cadet who has been removed, only when—
(a) the cadet has been removed—
(i) under paragraph (b) of regulation 33 of these Regulations on the ground that he is physically unfit; or
(ii) under paragraph (e) of that regulation on the ground that he has been absent from instruction for a prolonged period on account of sickness; and
(b) the Commandant certifies that, in his opinion, the unfitness or sickness is attributable to injuries or disability wilfully self-inflicted by the cadet.”.
* Notified in the Commonwealth Gazette on 23rd Dec, 1958.
† Statutory Rules 1951, No. 40, as amended by Statutory Rules 1955, No. 76; and 1957, No. 42.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.
7306/58.—Price 3d. 9/3.11.1958.
Overview
Statutory Rules 1958, No. 84, Regulations under the Defence Act 1903-1956, was enacted in 1958 to address specific administrative and operational issues within the Defence Act framework. The regulations were introduced by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The primary objective of these regulations was to amend the Royal Military College Regulations, ensuring that travelling warrants are more stringently controlled, particularly concerning cadets who have been removed due to physical unfitness or prolonged absence from instruction due to sickness, especially when such conditions are attributable to self-inflicted injuries or disability. This legislative instrument aimed to provide clarity and consistency in the application of the Defence Act provisions, particularly in disciplinary and administrative contexts.
The regulations sought to address gaps in the existing framework by specifying conditions under which cadets' travelling warrants would be affected, thereby providing a more detailed and nuanced approach to handling cases of self-inflicted injuries or prolonged absence. This legislative action underscores the intent to maintain discipline and efficiency within the military college environment, ensuring that resources and support are appropriately allocated and that the integrity of the military training program is upheld.
Scope and Application
The Legislative Instrument 1958 No. 84, being regulations made under the Defence Act 1903-1956, applies specifically to the administration and operation of the Royal Military College (RMC) in Australia. The Regulations pertain to the amendment of the existing RMC Regulations, particularly addressing the issuance of travelling warrants for cadets under specific circumstances. These regulations are applicable to cadets who are removed from the RMC on the grounds of physical unfitness or prolonged absence due to sickness, where the Commandant certifies that such unfitness or sickness is attributable to injuries or disability wilfully self-inflicted. These regulations extend their reach to the Commonwealth level, impacting military education and training within the framework of Australia's defence policies. The Regulations came into effect on 25th January 1958, with modifications to the existing regulations as per the statutory rules of 1951, 1955, and 1957. These Regulations do not explicitly state any exclusions or exemptions but operate within the confines of the Defence Act 1903-1956 and its subsequent amendments.
Key Provisions
The Regulations, made under the Defence Act 1903-1956, primarily focus on amending the Royal Military College Regulations (Regulation 2). Specifically, they modify Regulation 56 concerning travelling warrants for cadets. This amendment introduces a new sub-regulation (3) which stipulates that a cadet who has been removed from the college must have been removed under specific circumstances: either for being physically unfit or for prolonged absence due to sickness, and the Commandant must certify that the unfitness or sickness is due to injuries or disability wilfully self-inflicted by the cadet (Regulation 2(a)(b)). These Regulations came into effect on 25 January 1958 (Regulation 1).
The Regulations impose obligations on the Commandant of the Royal Military College to certify the cause of a cadet's physical unfitness or prolonged absence due to sickness. This certification must determine whether the condition is due to injuries or disability wilfully self-inflicted by the cadet (Regulation 2(b)). Such a certification is necessary before a cadet can be removed under the specified circumstances and before a travelling warrant is issued to them.
Breach of the provisions within these Regulations may result in administrative consequences for the College and potential legal repercussions for the cadet involved. While the specific penalties for non-compliance are not explicitly stated in the text, any failure to adhere to the certification requirement could lead to disputes regarding the issuance of travelling warrants or the validity of a cadet's removal. The broader Defence Act 1903-1956 may outline additional penalties or consequences for breaches related to the administration and enforcement of these Regulations.