Royal Military College Regulations (Amendment)

Legislation au C1948L00144 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1948. No. 144.

 

REGULATIONS UNDER THE DEFENCE ACT 1903-1947.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903-1947

Dated this fifth day of November, 1948.

W. J. McKell

Governor-General.

By His Excellency’s Command,

Cyril Chambers

Minister of State for the Army.

 

Amendments of the Royal Military College Regulations.†

Parts.

1. Regulation 3 of the Royal Military College Regulations is amended by inserting, after the words and figures “Part XI.—Miscellaneous”, the words and figures “Part XII.—Officer Students.”.

Definitions.

2. Regulation 4 of the Royal Military College Regulations is amended—

(a) by inserting in the definition of “Commonwealth candidate”, after the word “Australia” the words “, but does not include a candidate for admission as an officer student”; and

(b) by inserting, after the definition of “normal entry”, the following definition:—

“officer student” means a student who is admitted under Part XII. of these Regulations;”.

Conditions of eligibility (Commonwealth candidates).

3. Regulation 5 of the Royal Military College Regulations is amended by omitting from paragraph (c) of sub-regulation (2.) the word “Governor-General” and inserting in its stead the word “Minister”.

Command.

4. Regulation 15 of the Royal Military College Regulations is amended by inserting in sub-regulation (2.), after the words “combatant officer”, the words “of the College staff”.

 

* Notified in the Commonwealth Gazette on      , 1948

† Statutory Rules 1939, No. 7, as amended by Statutory Rules 1939, No. 94; 1941, No. 24; 1943, No. 70; and 1946, No. 160.

4526.—Price 3d. 10/27.8.1948.


Preparation of candidates or instruction for payment.

5. Regulation 23 of the Royal Military College Regulations is amended by adding at the end thereof the words “or officer student”.

Presentations forbidden.

6. Regulation 39 of the Royal Military College Regulations is amended—

(a) by inserting in sub-regulation (1.), after the word “cadet” (wherever occurring), the words “or an officer student”; and

(b) by inserting in sub-regulation (2.), after the word “cadet”, the words “or an officer student”.

7. After Part XI. of the Royal Military College Regulations the following Part is added—

“Part XII.—Officer Students.

Branch of College for instruction of officer students.

“60. A branch of the College for the instruction of officer students may be established at such place as the Military Board, with the approval of the Minister, determines.

Certain provisions not applicable in relation to officer students.

“61. Regulations 27, 28 and 29 of these Regulations shall not apply in relation to officer students.

Conditions of eligibility (officer students).

“62. An officer of the Military Forces shall be eligible for admission to the College as an officer student if—

(a) he is medically fit in accordance with such standard of medical fitness as is approved by the Military Board;

(b) he has served on war service;

(c) he is within such age limits as are determined by the Military Board;

(d) he is recommended by the Officer Student Selection Board and by the Military Board; and

(e) he is approved by the Minister.

Publication of vacancies.

“63. The number of vacancies for officer students shall from time to time be published in the Gazette.

Applications.

“64. Every application by an officer of the Military Forces for admission as an officer student—

(a) shall be submitted on such form as is authorized by the Military Board; and

(b) shall be forwarded by the applicant through normal channels to the Officer Student Selection Board.

Selection of officer students.

“65.—(1.) The Military Board shall appoint an Officer Student Selection Board consisting of three officers.

(2.) The Officer Student Selection Board shall interview candidates for admission as officer students who have been found medically fit in accordance with such standard as is approved by the Military Board.

(3.) The Officer Student Selection Board shall present to the Military Board the names of candidates for admission as officer students, together with a report in each case as to whether or not the Board recommends the candidate’s admission as an officer student.

(4.) The Military Board shall submit for the approval of the Minister a list of the officers recommended by it for admission to the Military College as officer students.


Notification of officers selected.

“66. The names of officers selected for admission as officer students shall be published in the Gazette.

Date of admission.

“67. Officers selected for admission as officer students shall join the College on such date as is approved by the Military Board.

Admission.

“68. An officer shall, on presenting himself for admission, be required to give an undertaking in accordance with the form set out in the Eighth Schedule to these Regulations, and, upon his execution of that undertaking, shall be admitted to attend as an officer student.

Course of instruction.

“69. Officer students shall receive instruction in such subjects and for such time as the Military Board, with the approval of the Minister, determines.

Application of regulation.

“70.—(1.) All regulations made under the Act shall, in so far as they are applicable and not inconsistent with these Regulations, apply to officer students in the same way as they apply to officers of the Permanent Military Forces.

(2.) For the purposes of the Australian Military Regulations the Commandant shall be the Commanding Officer of officer students.

Removal of officer student.

“71. The Minister may for any reason direct that an officer student be removed from the College.

Appointment.

“72. An officer student shall be eligible, on graduation, for appointment as an officer to the Permanent Military Forces.

Secondment of officer students.

“73. An officer of the Military Forces shall be seconded in his regiment or corps on admission to the College as an officer student.

Pay and allowances.

“74. An officer student shall, during his attendance at the College be entitled to the pay and allowances of an officer of his rank in the Permanent Military Forces.”.

8. After the Seventh Schedule to the Royal Military College Regulations the following Schedule is added:—

Eighth Schedule.

“THE EIGHTH SCHEDULE.

Commonwealth of Australia.

Royal Military College Regulations.

Regulation 68.

FORM OF UNDERTAKING BY OFFICER STUDENT.

Entry of No. Name

Rank

Regiment or Corps

Joined at

 on

I,         having been selected for admission to the Royal Military College as an officer student, hereby undertake to serve as an officer student until the completion of my course of instruction or until sooner lawfully removed therefrom.

Signature of Officer Student.

Signature of Commandant or other authorized officer.

Date    .”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules of 1948, No. 144, constitute regulations under the Defence Act 1903-1947, aiming to amend the Royal Military College Regulations. Enacted by the Governor-General with the advice of the Federal Executive Council, these regulations seek to introduce provisions for officer students at the Royal Military College. The objective is to establish a branch for officer students, outline their eligibility criteria, admission process, and course of instruction, while ensuring that certain regulations do not apply to them. This legislative instrument was designed to meet the need for specialised training and development of military officers within the framework of the Defence Act.

Scope and Application

The Statutory Rules 1948 No. 144, Regulations under the Defence Act 1903-1947, pertain specifically to amendments of the Royal Military College Regulations. These regulations apply to officers of the Military Forces who are eligible for admission as officer students at the Royal Military College. The regulations delineate eligibility criteria, which include being medically fit, having served on war service, meeting age limits set by the Military Board, receiving recommendations from the Officer Student Selection Board and the Military Board, and receiving final approval from the Minister. The regulations also outline the procedures for the application, selection, and admission of officer students, as well as their course of instruction, pay, and allowances. These regulations extend to any officer of the Military Forces who meets the specified eligibility criteria and are subject to approval by the Military Board and the Minister. The regulations do not specify any exclusions, exemptions, or thresholds, but they do provide that certain provisions do not apply to officer students.

Key Provisions

The principal sections of the Regulations under the Defence Act 1903-1947, as outlined in Statutory Rules 1948, No. 144, introduce new provisions concerning officer students at the Royal Military College (RMC). These amendments establish a new Part XII, titled "Officer Students" (Regulation 3), which includes eligibility criteria (Regulation 62), procedures for application and selection (Regulations 64-66), conditions of admission (Regulation 67), and terms of instruction (Regulation 69). Additionally, the Regulations clarify that certain provisions do not apply to officer students (Regulation 61) and specify that officer students are eligible for appointment to the Permanent Military Forces upon graduation (Regulation 72). The Regulations also establish a new Schedule (Regulation 8) which details the form of undertaking required from officer students (Regulation 68). The Regulations impose several obligations on the parties involved, primarily focusing on the Military Board, the Minister, and the Officer Student Selection Board. The Military Board is tasked with appointing the Officer Student Selection Board (Regulation 65), determining the number of vacancies for officer students (Regulation 63), and submitting a list of recommended officers for approval by the Minister (Regulation 65). The Minister, in turn, has the authority to approve the list of recommended officers for admission as officer students (Regulation 66) and to direct the removal of an officer student from the College (Regulation 71). Officer students must adhere to specific procedures for application, including submitting their application through the proper channels (Regulation 64) and executing an undertaking upon admission (Regulation 68). The Regulations establish specific offences and penalties for non-compliance with the outlined provisions. Although the document does not explicitly state the penalties for breaches, it is implied that failure to adhere to the stipulated procedures for application, selection, and admission could result in legal consequences. For instance, presenting oneself for admission without the required undertaking (Regulation 68) or attempting to present oneself as a cadet when not qualified as an officer student (Regulation 39) could be considered violations. The severity of penalties is not specified in the text, but they could potentially include administrative actions such as denial of admission or expulsion from the College, as well as possible disciplinary measures within the Military Forces.

Legal classification tags

Area of Law
Defence & Military Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Conditions of eligibility (officer students)
Reporting & Disclosure Obligations

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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.