DEFENCE.
No. 19 of
1951.
An Act to amend the Defence Act 1903–1950.
[Assented to 19th July, 1951.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and
the House of Representatives of the Commonwealth of Australia, as follows :—
Short title and citation.
1.—(1.) This Act may be cited as the Defence Act 1951.
(2.) The Defence
Act 1903–1950 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may
be cited as the Defence Act 1903–1951.
Commencement.
2.This
Act shall come into operation on the day on which it receives the Royal Assent.
Parts.
3.Section
two of the Principal Act is amended by omitting the words—
“Part XII.—Universal obligation in respect of
Naval Military or Air Force Training.
Part XIII.—Exemptions from Personal Service.
Part XIV.—Registration and Enrolment for Naval
Military or Air Force Training.”.
4.Section
five of the Principal Act is repealed and the following section inserted in its
stead :—
Application of Act.
“5. This Act applies, subject to the Naval Defence Act 1910–1919 and the Air Force Act 1923–1950, to, and in
relation to, all the Naval Forces, Military Forces and Air Forces of the
Commonwealth, and to all members of any of those Forces whether appointed or
enlisted, or deemed to be enlisted, under this Act or under any other Act.”.
Resignation of commission.
5.Section
seventeen of the Principal Act is amended by omitting sub-section (2.).
Constitution of Citizen Military Forces.
6.Section
thirty-two a of the Principal Act
is amended—
(a)
by omitting sub-section (2.) and inserting in its stead the following
sub-section :—
“(2.) The Active Citizen Military Forces shall
consist of—
(a)
persons who are appointed to, or voluntarily enlist in, those Forces;
(b)
persons who are called up under the National
Service Act 1951 for service with the Citizen Military Forces;
(c)
persons who are called upon, under section sixty of this Act, to enlist and
serve in time of war and are allotted to the Military Forces; and
(d)
officers on the unattached list.”; and
(b)
by omitting from sub-section (3.) all the words commencing with the words “and
of all persons”.
Voluntary enlistment.
7. Section
thirty-five of the Principal Act is amended by omitting the words “ in Parts
IV. and XII.” and inserting in their stead the words “ by the National Service Act 1951 or by Part IV.”.
Time of discharge.
8. Section
thirty-nine of the Principal Act is amended by omitting paragraph (c) of sub-section (1.) and inserting in
its stead the following paragraph:—
“(c)
being a person called up for service in accordance with the National Service Act 1951—upon the
expiration of the period of five years referred to in section thirty-three of
that Act.”.
On whose complaint prosecutions may be brought.
9. Section
one hundred and ten of the Principal Act is amended by omitting from
sub-section (5.) the words “Part XII. of this Act” and inserting in their stead
the words “the National Service Act 1951”.
Power to discharge or disrate members of
Citizen Forces
10.Section one hundred and
twelve of the Principal Act is amended by omitting the words “(not serving
under Part XII. of this Act)” and inserting in their stead the words “(not
being a person who is called up for service in accordance with the National Service Act 1951)”.
Regulations.
11.Section one hundred and
twenty-four of the Principal Act is amended by inserting after paragraph (c) of sub-section (1.) the following
paragraph :—
“(ca)
The conditions of service and training of persons rendering service under the National Service Act 1951; ”
Repeal of Parts XII., XIII. and XIV.
12.