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.
Overview
The Royal Military College Regulations Amendment (Statutory Rules 1982 No. 332), issued under the authority of the Minister for Defence, amends the existing regulations to address the shift in policy regarding the eligibility of candidates for admission to the Royal Military College. Enacted in 1982, this amendment responds to the 1981 policy change which stipulated that individuals must hold Australian citizenship to be eligible for entry into the Defence Force, replacing the previous criterion based on British nationality. The Regulations, made under the Defence Act 1903, initially defined "Australian candidates" as British subjects permanently resident in Australia or Australian citizens, and "New Zealand candidates" as British subjects resident in New Zealand. The amendment updates these definitions to reflect the new citizenship requirements, ensuring that an "Australian candidate" is now defined as an Australian citizen and a "New Zealand candidate" as a resident of New Zealand. Furthermore, the amendment allows for the admission of foreign students, irrespective of their British subject status, by modifying the provisions under Regulation 10A to remove the British subject requirement for foreign student nominations. This change ensures the regulations are in line with the updated policy objectives.
Scope and Application
The Royal Military College Regulations, as amended by the Statutory Rules 1982 No 332, primarily govern admission qualifications and other related matters for the Royal Military College. This legislation applies to individuals seeking admission as students to the Royal Military College, encompassing Australian and New Zealand candidates, as well as foreign students. An "Australian candidate" is defined as a person who is an Australian citizen, and a "New Zealand candidate" is a person who is a resident in New Zealand. The amendment allows for the admission of foreign students regardless of whether they are British subjects, with the Governor-General having the authority to approve such admissions as nominated by foreign governments. The changes reflect a shift from the previous eligibility criteria based on British nationality to one based on citizenship and residency, thereby broadening the scope of potential candidates for entry into the Defence Force. The application of this Act is confined to the Commonwealth level, impacting the admission policies of the Royal Military College under the Defence Act 1903.
Key Provisions
The key provisions of the Royal Military College Regulations (Amendment) involve several significant changes to the eligibility criteria for admission to the Royal Military College (RMC). Regulation 4 now defines an “Australian candidate” as a person who is an Australian citizen (Reg 4). This amendment replaces the previous definition which included candidates who were British subjects permanently resident in Australia (Reg 4(1)(a)). Similarly, the definition of a “New Zealand candidate” has been altered to specify that it is a candidate who is a resident in New Zealand (Reg 4). This change streamlines the admission process by focusing solely on residency and citizenship rather than broader British subject status.
These changes impose new obligations on the entities involved in the admissions process. The Defence Force and the RMC must now strictly adhere to the amended criteria when considering candidates for admission. This means that only Australian citizens and New Zealand residents can apply as Australian and New Zealand candidates, respectively. Additionally, Regulation 10A(1) now requires the Governor-General to approve the admission of foreign students nominated by governments of countries other than Australia or New Zealand, regardless of whether they were previously British subjects or not (Reg 2). This amendment ensures that the admission process is consistent and transparent, aligning with the policy that persons would not normally be eligible for entry unless they hold Australian citizenship.
Failure to comply with these provisions could result in significant consequences. While the legislation does not explicitly state penalties for non-compliance, breaches of the Defence Act 1903, under which these regulations are made, can result in both civil and criminal penalties. Civil penalties can include fines, while criminal penalties can include imprisonment. The specific penalties would depend on the nature and severity of the breach, but the overarching intent is to ensure strict adherence to the legislative framework governing admissions to the RMC.