Royal Military College Regulations (Amendment)

Legislation au C1976L00055 Regulations Not in force Legislative Instrument

Select Document

Statutory Rules

1976 No. 55

REGULATIONS UNDER THE DEFENCE ACT 1903-1975.*

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Defence Act 1903-1975.

Dated this fifth day of February, 1976.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

D. J. KILLEN

Minister of State for Defence.

________

Amendments of the Royal Military College Regulations†

Commencement.

1. These Regulations shall come into operation on 9 February 1976

Delegations.

2. After regulation 4 of the Royal Military College Regulations the following regulation is inserted:—

“ 4a. (1) The Minister or the Chief of the General Staff may, by writing signed by him, delegate to the Chief of Personnel, a person acting in that position or an officer who holds a rank in the Australian Army not below the rank of Brigadier any of his powers or functions under these Regulations, other than this power of delegation.

“ (2) A delegation under sub-regulation (1) shall be revocable at will, and no delegation shall prevent the exercise of any power or function by the Minister or the Chief of the General Staff.”.

Amendments of the Royal Military College Regulations.

3. The Royal Military College Regulations are amended as set out win the following table:—

Provision	Amendment
Regulation 2..............	Omit “ the first Schedule to these Regulations ”, substitute “ Schedule 1 ”.
Regulation 3..............	Repeal.

* Notified in the Australian Government Gazette on 6 February 1976.

† 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; 1972, No. 56; and 1973, No. 161.

Provision	Amendment
Sub-regulation 4 (1)..........	After the definition of “ Administrative Staff ”, insert the following definitions:—
	“ ‘ Australian cadet ’ means a cadet who was an Australian candidate;
	‘ Australian candidate ’ means a candidate for admission as a student who is—
	(a) a British subject permanently resident in Australia; or
	(b) an Australian citizen;”.
	Omit the definitions of “ Commonwealth cadet ” and “ Commonwealth candidate ”.
	Omit from the definition of “ foreign student ” the words “ of these Regulations ”.
	Omit the definitions of “ normal entry ” and “ service entry ” and substitute the following definitions:—
	‘ normal entry ’ means admission as a student of an Australian candidate who is eligible for admission under sub-regulation 5 (1);
	‘ service entry ’ means admission as a student of an Australian candidate who is eligible for admission under sub-regulation 5 (2);”.
	Omit the definition of “ the Military Board ”.
	Omit from the definition of “ the Selection Board ” the words “ sub-regulation (5) of regulation 8 of these Regulations ”, substitute the words “ sub-regulation 8 (5) ”.
Sub-regulation 4 (2)..........	Omit “ of these Regulations ” (wherever occurring).
Sub-regulation 5 (1)..........	Omit “ A Commonwealth ”, substitute “ An Australian ”.
	Omit from paragraph (a) “ Military Board ”, substitute “ Chief of the General Staff ”.
	Omit from paragraph (c) “ the thirtieth day of June ”, substitute “ 1 January ”.
	Omit from paragraph (c) “ seventeen ”, substitute “ 16½ ”.
	Omit from paragraph (c) “ twenty ”, substitute “ 19½ ”.
	Omit from paragraph (d) “ Military Board ”, substitute “ Chief of the General Staff ”.
	Omit from paragraph (e) “ sub-regulation (9) or regulation 8 of these Regulations ”, substitute “ sub-regulation 8 (9) ”.
Sub-regulation 5 (1a).........	Omit “ Military Board ”, substitute “ Chief of the General Staff ”.
	Omit “ paragraph (d) of the last preceding sub-regulation ”, substitute “ paragraph (1) (d) ”.
	Omit “ the Board ”, substitute “ he ”.
Sub-regulation 5 (2)..........	Omit “ A Commonwealth ”, substitute “ An Australian ”.
	Omit from paragraph (a) “ twenty-seven ”, substitute “ 27 ”.
	Omit paragraph (b).
	Omit from paragraph (c) “ sub-regulation (12) of regulation 8 of these Regulations ”, substitute “ sub-regulation 8 (12) ”.
Regulation 6..............	Repeal.
Regulation 7..............	Repeal.
Sub-regulation 8 (1)..........	Omit.
Sub-regulation 8 (2)..........	Omit “ Commonwealth ”, substitute “ Australian ”.
	Omit “ the mainland of ”.
	Omit “ Australian Military Forces ”, substitute “ Australian Army ”.
Sub-regulation 8 (5)..........	Omit “ two other officers ”, substitute “ 2 other persons ”.
Sub-regulation 8 (5a).........	Omit “ Military Board ”, substitute “ Chief of the General Staff ”.
Sub-regulation 8 (5b).........	Omit.

Provision	Amendment
Sub-regulation 8 (5c).........	Omit.
Sub-regulation 8 (6)..........	Omit.
Sub-regulation 8 (7)..........	Omit.
Sub-regulation 8 (8)..........	Omit.
Sub-regulation 8 (10).........	Omit.
Sub-regulation 8 (11).........	Omit.
Sub-regulation 8 (13).........	Omit.
Regulation 9..............	Omit “ Commonwealth ”, substitute “ Australian ”.
	Omit “ two ”, substitute “ 2 ”.
Sub-regulation 11(1).........	Omit.
Sub-regulation 11 (2).........	Omit.
Sub-regulation 11 (4).........	Omit.
Regulation 14..............	Omit “ the Sixth Schedule to these Regulations ”, substitute “ Schedule 6 ”.
Regulation 14a.............	Omit “ the Seventh Schedule to these Regulations ”, substitute “ Schedule 7 ”.
Sub-regulation 15 (1).........	Omit “ Military Board ”, substitute “ Chief of the General Staff ”.
Sub-regulation 15 (3).........	Omit “ of these Regulations ”.
Sub-regulation 15 (4).........	Omit “ Military Forces ”, substitute “ Army ”.
Sub-regulation 16 (1).........	Omit “ Australian Military Forces ”, substitute “ Army ”.
Sub-regulation 16 (2).........	Omit “ the last preceding sub-regulation ”, substitute “ sub-regulation (1) ”.
Sub-regulation 19 (3).........	Omit “ the next succeeding sub-regulation ”, substitute “ sub-regulation (4) ”.
Sub-regulation 20 (1).........	Omit from paragraph (c) “ Commonwealth ”, substitute “ Australian ”.
	Omit from paragraph (ca) “ sub-regulation (4) of regulation 19 of these Regulations ”, substitute “ sub-regulation 19 (4) ”.
	Omit from paragraph (d) “ Commonwealth ”, substitute “ Australian ”.
	Omit from paragraph (d) “ sub-regulation (4) of regulation 19 of these Regulations ”, substitute “ sub-regulation 19 (4) ”.
	Omit from paragraph (g) “ sub-regulation (4) of regulation 19 of these Regulations ”, substitute “ sub-regulation 19 (4) ”.
	Omit from paragraph (g) “ Commonwealth ”, substitute “ Australian ”.
	Omit from paragraph (g) “ Military Board ”, substitute “ Chief of the General Staff ”.
Sub-regulation 20 (2).........	Omit “ the last preceding sub-regulation ”, substitute “ sub-regulation (1) ”.
Sub-regulation 27 (1).........	Omit, substitute the following sub-regulation:—
	“ (1) Subject to sub-regulations (1a) and (2), the normal length of the course of instruction at the College is 4 years.”.
Sub-regulation 27 (1A).......	Omit “ three ”, substitute “ 3 ”.
Sub-regulation 27 (2).........	Omit “ Military Board ”, substitute “ Chief of the General Staff ”.

Provision	Amendment
Sub-regulation 33 (1).........	Omit from paragraph (b) Military Forces, substitute “ Army ”.
	Omit from paragraph (c) “ in the Military Forces ”, substitute “ at the Royal Military College ”.
	Omit from paragraph (f) “ Military Forces ”, substitute “ Army ”.
	Omit from paragraph (j) “ Military Forces ”, substitute “ Army ”.
	Omit from paragraph (j) “ those Forces ”, substitute “ the Army ”.
	Omit from paragraph (k) “ three ”, substitute “ 3 ”.
	Omit from paragraph (m) “ Military Board ”, substitute “ Chief of the General Staff ”.
	Omit from paragraph (n) “ Military Board ”, substitute “ Chief of the General Staff ”.
	Omit from paragraph (n) “ the Commonwealth ”, substitute “ Australia ”.
Sub-regulation 33 (2).........	Omit “ Military Board ”, substitute “ Chief of the General Staff ”.
Sub-regulation 33 (4).........	Omit “ Military Board ”, substitute “ Chief of the General Staff ”.
	Omit “ the last preceding sub-regulation ”, substitute “ sub-regulation (3) ”.
Regulation 34..............	Omit “ A Commonwealth ”, substitute “ An Australian ”.
Sub-regulation 37 (1).........	Omit from paragraph (c) “ seven ”, substitute “ 7 ”.
	Omit from paragraph (f) “ Ten dollars ”, substitute “ $10 ”.
	Omit from paragraph (g) “ twenty-one ”, substitute “ 21 ”.
	Omit from paragraph (h) “ eighty-four ”, substitute “ 84 ”.
Sub-regulation 37 (4).........	Omit “ of this regulation ”.
	Omit “ paragraphs (a), (b) and (c) of that sub-regulation ”, substitute “ paragraphs (1) (a), (b) and (c) ”.
Sub-regulation 37 (6).........	Omit “ of this regulation ”(first occurring).
	Omit “ paragraphs (b) to (n) (inclusive) of sub-regulation (1) of this regulation” substitute “ paragraphs (1) (b) to (n) (inclusive) ”.
Sub-regulation 37 (7).........	Omit “ of this regulation ”.
Sub-regulation 38 (1).........	Omit from paragraph (a) “ paragraphs (f) to (n) (inclusive) of sub-regulation (1) of the last preceding regulation ”, substitute “ paragraphs 37 (1) (f) to (n) (inclusive) ”.
	Omit from paragraph (b) “ paragraphs (1) and (m) of that sub-regulation ”, substitute “ paragraphs 37 (1) (1) and (m) ”.
Sub-regulation 38 (2).........	Omit “ the last preceding sub-regulation ”, substitute “ sub-regulation (1) ”.
Sub-regulation 39 (1).........	Omit “ of these Regulations ”.
Sub-regulation 39 (2).........	Omit “ of these Regulations ”.
Sub-regulation 39A (1).......	Omit “ Australian Military Forces ”, substitute “ Australian Army ”.
Sub-regulation 39A (2).......	Omit “ of these Regulations ” (wherever occurring).

Provision	Amendment
Sub-regulation 39a (2) —continued	Omit “ sub-regulation (1) of regulation 37 ”, substitute “ sub-regulation 37 (1) ”.
Sub-regulation 39a (3)........	Omit “ the last preceding sub-regulation ”, substitute “ sub-regulation (2) ”.
	Omit “ sub-regulations (2), (3) and (6) of regulation 37 ”, substitute “sub-regulations 37 (2), (3) and (6) ”.
	Omit “ of these Regulations ” (wherever occurring).
Sub-regulation 39a (5)........	Omit “ Australian Military Forces ”, substitute “ Australian Army ”.
Sub-regulation 44b (1)........	Omit “ the next succeeding sub-regulation ”, substitute “ sub-regulation (2) ”.
Regulation 60..............	Omit “ Military Board ”, substitute “ Chief of the General Staff ”.
Sub-regulation 61 (1).........	Omit “ Australian Military Forces ”, substitute “ Army ”.
Sub-regulation 61 (2).........	Omit “ the last preceding sub-regulation ”, substitute “ sub-regulation (1) ”.
	Omit from paragraph (a) “ Australian Military Forces ”, substitute “ Army ”.
First Schedule.............	Omit the heading, substitute the following heading:— “ SCHEDULE 1 ”.
Third Schedule.............	Repeal.
Fourth Schedule............	Repeal.
Sixth Schedule.............	Omit the heading—
	“ SIXTH SCHEDULE ”, substitute—
	“ SCHEDULE 6 ”.
	Omit “ Commonwealth of ”.
Seventh Schedule...........	Omit the heading—
	“ SEVENTH SCHEDULE ”,
	substitute— “ SCHEDULE 7 ”.
	Omit “ Commonwealth of ”.

Transitional.

4. A determination made before, and in force immediately before, the commencement of these Regulations for the purposes of the Royal Military College Regulations shall, after the commencement of these Regulations, have effect as if it had been made immediately after the commencement of these Regulations by the Chief of the General Staff for the purposes of the Royal Military College Regulations as amended by these Regulations.

Overview

The Statutory Rules 1976 No. 55, enacted under the Defence Act 1903-1975, were introduced to update and modernise the existing regulations governing the Royal Military College (RMC). This legislative instrument was made by the Governor-General of the Commonwealth of Australia, acting on the advice of the Executive Council, and was designed to streamline the administrative functions and definitions related to the RMC, ensuring they align with the current terminology and structures within the Australian Defence Force. The policy objective of these regulations was to enhance the efficiency and clarity of the governance framework for the RMC, facilitating better operational oversight and adherence to contemporary standards. The regulations came into effect on 9 February 1976, providing a structured approach to the amendments needed for the effective administration of the RMC.

Scope and Application

The Regulations under the Defence Act 1903-1975, made in 1976, pertain to the Royal Military College, and their primary focus is to update and refine the existing framework governing the operations, administration, and admission processes of the College. These Regulations apply to the Minister for Defence, the Chief of the General Staff, and other relevant personnel within the Defence sector, specifically those involved in the administration and operation of the Royal Military College. The scope of the Regulations is limited to the internal affairs of the College and its admission criteria, and they do not extend beyond these parameters. The Regulations are applicable nationally as they are issued under the Commonwealth's Defence Act, thus having jurisdiction across Australia. Notably, these Regulations do not provide for specific exclusions, exemptions, or thresholds; however, they do introduce amendments that redefine certain terms and stipulate new conditions for the admission of Australian cadets. The Regulations also allow for the delegation of certain powers to the Chief of Personnel or other specified officers within the Australian Army, subject to revocation by the Minister or the Chief of the General Staff. The application and interpretation of these Regulations may be further clarified or extended through subordinate instruments, which are not detailed within the primary text of the Regulations themselves.

Key Provisions

The main operative sections of these Regulations (section 1) clarify that they come into effect on 9 February 1976. Section 2 introduces a new regulation, 4a, which allows the Minister or the Chief of the General Staff to delegate certain powers to the Chief of Personnel, a person acting in that role, or an officer ranked Brigadier or higher in the Australian Army, except the power to delegate. This delegation is revocable at any time and does not prevent the Minister or the Chief of the General Staff from exercising their powers or functions. Section 3 details amendments to the Royal Military College Regulations, including changes to definitions, eligibility criteria for students, and the replacement of certain terms with others. The obligations imposed by these Regulations include the requirement for the Minister or the Chief of the General Staff to make written delegations of their powers to specified individuals. These Regulations also mandate that the Chief of the General Staff must make certain determinations for the Royal Military College Regulations. Furthermore, the amendments to the Royal Military College Regulations require updates in the definitions and eligibility criteria for students, and the replacement of certain terms with others. Any breaches of these Regulations could result in legal consequences, although specific offences, penalties, or civil/criminal consequences are not detailed within the text. The maximum penalties, if applicable, are not stated within the provided excerpt. However, it is important to note that breaches of regulations under the Defence Act 1903-1975 could potentially lead to significant legal ramifications, including fines and imprisonment, depending on the severity of the breach and the specific provisions of the Act.

Area of Law: Defence Law
Instrument: Regulation
Concepts: Commencement Provisions; Delegations; Repeal & Amendment

Interactions

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.

Legislation content

Overview

Scope and Application

Key Provisions

Legal classification tags

Interactions

Authorises

All Versions