EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO 281
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
ROYAL MILITARY COLLEGE REGULATIONS (AMENDMENT)
The Statute Law (Miscellaneous Provisions) Act (No 1) 1983, assented to on 20 June 1983, amended various acts, including the Defence Act 1903 (the Act). An amendment made to the Act removes the requirement to prescribe discharge authorities and specifies the Chief of the General Staff as an authority for discharging soldiers. There is also provision for the Chief of the General Staff to delegate that power.
This Statutory Rule makes various amendments to the Royal Military College Regulations corresponding with and supplementing the abovementioned amendment to the Act.
Regulation 1 of the Statutory Rule amends regulation 33 of the Royal Military College Regulations by omitting sub-regulations (2) and (3), which prescribe authorities for discharge, and sub-regulation (4), which requires an order for a cadet’s discharge to be approved by the Minister. A consequential amendment is also made to sub-regulation (5).
Regulation 2 of the Statutory Rule amends regulation 5 to substitute the Chief of the General Staff for the Commandant as the authority who may remove from the College a New Zealand Cadet or foreign student. A further amendment, to remove reference to approval by the Minister, is consequential on omission of sub-regulation 33(4).
The amendments have effect from the date of gazettal of the Statutory Rule.
Overview
The Royal Military College Regulations (Amendment) Statutory Rule 1983, issued under the authority of the Minister for Defence, was enacted to address discrepancies in the procedures for discharging cadets from the Royal Military College, Duntroon. The primary motivation behind this amendment stems from changes introduced in the Defence Act 1903, which now specify the Chief of the General Staff as the authority for discharging soldiers and allows for the delegation of this power. The objective of these amendments is to ensure consistency and alignment between the Defence Act and the Royal Military College Regulations, reflecting the updated roles and responsibilities within the military hierarchy. These changes facilitate a more streamlined process for the discharge of cadets, while also updating the authority responsible for removing New Zealand cadets or foreign students from the College.
Scope and Application
The Royal Military College Regulations (Amendment) Statutory Rule 1983, issued under the authority of the Minister for Defence, aligns with the amendment to the Defence Act 1903, removing the necessity for specific discharge authorities and designating the Chief of the General Staff as the authority responsible for discharging soldiers. This statutory rule applies to the persons and entities within the Royal Military College, specifically targeting the conduct and transactions related to the discharge of cadets and the removal of New Zealand cadets or foreign students. The rule applies on a Commonwealth level, aligning with the overarching Defence Act. The amendment does not explicitly mention any exclusions or exemptions, but the changes are confined to the operational adjustments within the College. The scope of the rule is further extended through subordinate instruments, which supplement the changes made to the Defence Act, ensuring consistency across related regulations and procedures. These amendments came into effect on the date of the rule's gazettal.
Key Provisions
The Royal Military College Regulations (Amendment) Statutory Rule 1983 (No 281) introduces several key amendments to the existing Royal Military College Regulations, corresponding with changes made to the Defence Act 1903 under the Statute Law (Miscellaneous Provisions) Act (No 1) 1983. Regulation 1 specifically addresses the discharge of cadets, removing the previous requirement to prescribe specific authorities for discharge (Regulation 33(2) and (3)) and the approval by the Minister for such discharges (Regulation 33(4)). Instead, it designates the Chief of the General Staff as the authority for discharging soldiers (Regulation 33(1)), with a consequential amendment made to sub-regulation (5) to reflect this change.
In terms of obligations, the amended regulations impose clear responsibilities on the Chief of the General Staff. The Chief of the General Staff is now the sole authority for discharging soldiers and making decisions regarding the removal of New Zealand cadets or foreign students from the College (Regulation 5). This change underscores the importance of the Chief of the General Staff’s role in maintaining discipline and governance within the College.
Failure to comply with these amended regulations may result in civil or criminal consequences. While the specific offences and penalties are not detailed in the Statutory Rule itself, it is reasonable to infer that breaches of these provisions could lead to disciplinary actions or legal consequences as stipulated by the overarching Defence Act 1903 and other applicable laws. The penalties could include fines or imprisonment, depending on the severity and nature of the breach.
Additionally, the amendments have immediate effect from the date of their gazettal, ensuring that all relevant parties are promptly informed of and adhere to the new regulations. This swift implementation highlights the importance of maintaining clear and effective governance within the military college environment.