EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO 332
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
ROYAL MILITARY COLLEGE REGULATIONS (AMENDMENT)
In 1981, the policy was adopted that persons would not normally be eligible for entry to the Defence Force unless they hold Australian citizenship. This policy replaced the broader criterion of British nationality.
The Royal Military College Regulations, made under the Defence Act 1903, provide for various matters, including admission qualifications, relating to the Royal Military College.
Regulation 4 of the Royal Military College Regulations defined an “Australian candidate” as a candidate for admission as a student who was a British subject permanently resident in Australia or an Australian citizen.
The same Regulation defined a “New Zealand candidate” as a candidate for admission as a student who was a British subject resident in New Zealand.
Paragraphs 1(a) and 1(b) of this Statutory Rule substitute definitions under which an “Australian candidate” is a candidate who is an Australian citizen and a “New Zealand candidate” is a candidate who is a resident in New Zealand.
Regulation 10A of the Royal Military College Regulations provides for admission of foreign students. Sub-regulation 10A(1) provided for the Governor-General to approve admission of a person nominated by the government of a country, other than Australia or New Zealand, who was not
a British subject or not ordinarily resident in Australia. (There is separate provision in regulation 10 for the admission of New Zealand students).
Regulation 2 of this Statutory Rule substitutes a new sub-regulation 10A(1) to provide for the Governor-General to approve admission of a student nominated by the government of a country other than Australia or New Zealand.
The amendment enables the entry of foreign students, whether or not they are British subjects.
The Statutory Rule has effect from the date of gazettal.