Statutory Rules
1973 No. 161
REGULATIONS UNDER THE DEFENCE ACT 1903-1970.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Defence Act 1903-1970.
Dated this twenty-third day of August, 1973.
PAUL HASLUCK
Governor-General.
By His Excellency’s Command,
R. BISHOP
Minister of State for Repatriation for and on behalf of the Minister of State for the Army.
Amendments of the Royal Military College Regulations†
Resignation.
1. (1) Regulation 34 of the Royal Military College Regulations is amended—
(a) by omitting the words “and upon payment of the amounts specified in the following table in relation to his period of service as a cadet:—”; and
(b) by omitting the table.
(2) The amendments effected by sub-regulation (1) shall be deemed to have come into operation on 1st May, 1973.
Cadets may be directed to perform duty with other units.
2. Regulation 61 of the Royal Military College Regulations is amended—
(a) by omitting from sub-regulation (1) the words “, with the approval of the Military Board”; and
(b) by omitting paragraphs (b), (c) and (d) of sub-regulation (3) and substituting the following paragraphs:—
“(b) is entitled to be addressed as if he held the rank of Second Lieutenant; and
(c) is entitled to all the rights and privileges of a Second Lieutenant in relation to any member of the unit to which he is attached, and shall exercise the powers and perform the functions of a Second Lieutenant in that unit.”.
* Notified in the Australian Government Gazette on 30 August 1973.
† Statutory Rules 1951, No. 40, as amended by Statutory Rules 1955, No. 76; 1957, No. 42; 1958, No. 84; 1960 Nos. 13 and 55; 1961, Nos. 40 and 101; 1962, No. 53; 1963, No. 146; 1964, No. 111; 1965, No. 159; 1966, Nos. 55 and 138; 1967, Nos. 12 and 117; 1969, No. 52; 1970, Nos. 53 and 184; 1971, Nos. 15, 51 and 130; and 1972, No. 56.
Overview
Statutory Rules 1973 No. 161, made under the Defence Act 1903-1970, was introduced to amend the Royal Military College Regulations. Enacted by the Governor-General of Australia, acting on advice from the relevant Minister, these regulations address the need to update the rules governing the Royal Military College, particularly concerning cadet duties and rank recognition. The overarching objective is to streamline and modernise the administrative framework surrounding the training and duties of cadets, ensuring they are well-integrated with other military units while maintaining the integrity and discipline expected of military personnel.
Scope and Application
The Regulations under the Defence Act 1903-1970 apply specifically to the Royal Military College and its cadets, providing amendments to existing regulations governing the conduct and privileges of cadets within the institution. The amendments concern the conditions under which cadets may resign and the duties they may be directed to perform with other units, including their entitlement to rank and privileges. These regulations are a Commonwealth instrument, impacting federal military operations and educational institutions under the Defence Act. They do not explicitly mention exclusions or thresholds, but the scope is inherently limited to the Royal Military College and its cadets, thus excluding other military or educational institutions unless they fall under the same regulations. The application of these regulations is further extended or restricted through subordinate instruments as deemed necessary, ensuring that the legislative intent is effectively implemented within the institution.
Key Provisions
The Statutory Rules 1973 No. 161, made under the Defence Act 1903-1970, bring about specific amendments to the Royal Military College Regulations. Firstly, Regulation 34 is altered by removing the clause that required cadets to pay certain amounts related to their period of service, as well as the associated table (Regulation 1(1)(a) and (b)). This change took effect on 1 May 1973 (Regulation 1(2)). Secondly, Regulation 61 is amended by eliminating the requirement for the Military Board's approval when cadets are directed to perform duty with other units (Regulation 2(1)(a)). Additionally, sub-regulation (3) is revised to specify that cadets, while attached to other units, are to be addressed as if they held the rank of Second Lieutenant, enjoy the rights and privileges of a Second Lieutenant, and exercise the powers and perform the functions of a Second Lieutenant within that unit (Regulation 2(1)(b) and (c)).
These regulations impose certain obligations on cadets and the units they are attached to. Cadets must comply with the new provisions regarding their duty assignments and rank entitlements without needing prior approval from the Military Board. The units, in turn, must recognise cadets as Second Lieutenants, grant them the corresponding rights and privileges, and allow them to exercise the powers and perform the functions of a Second Lieutenant during their attachment. These obligations ensure that cadets are integrated smoothly into other military units while maintaining the appropriate level of authority and responsibility.
Failure to comply with these regulations may result in disciplinary action against cadets or the units concerned. However, the statutory rules do not explicitly outline specific offences or penalties for non-compliance. Instead, the consequences for breaching these provisions would likely be determined by the Defence Act 1903-1970 or other relevant military laws and regulations. These consequences could include administrative penalties, demotion, or other disciplinary measures as deemed appropriate by the military authorities.