| C2004C05608 | NATIONAL SERVICE ACT 1951 [Note: This Act is "repealed" by Act No. 91 of 1992]
(#DATE 29:02:1984)
- Reprinted as at 29 February 1984 *1* The National Service Act 1951 as shown in this reprint comprises Act No. 2, 1951 amended as indicated in the Tables below. (The citation "National Service Act 1951" is provided for by the Amendments Incorporation Act 1905 and the Acts Citation Act 1976.) The National Service Termination Act 1973 (which is reprinted separately) terminated the requirement for persons to register, or to render service, under this Act. Table of Acts ----------------------------------------------------------------------------- Application, saving Number Date Date of or transitional Act and year of Assent commencement provisions ----------------------------------------------------------------------------- National Service Act 1951 2, 1951 17 Mar 1951 17 Mar 1951 National Service Act (No. 2) 1951 63, 1951 11 Dec 1951 11 Dec 1951 - National Service Act 1953 30, 1953 15 Apr 1953 13 May 1953 S. 5 National Service Act 1957 16, 1957 25 May 1957 Ss. 15-19, 22, 28 and 29: 12 June 1957 (a) Remainder: Royal Assent Ss. 20 (2), 22 (2), 28 and 29 National Service Act (No. 2) 1957 40, 1957 12 Sept 1957 12 June 1957 S. 5 National Service Act 1964 126, 1964 24 Nov 1964 24 Nov 1964 - National Service Act 1965 52, 1965 7 June 1965 7 June 1965 - Statute Law Revision (Decimal Currency) Act 1966 93, 1966 29 Oct 1966 1 Dec 1966 - National Service Act 1968 51, 1968 24 June 1968 24 June 1968 S. 23 (2) National Service Act 1971 80, 1971 8 Oct 1971 8 Oct 1971 Ss. 9-18 Statute Law Revision Act 1973 216, 1973 19 Dec 1973 31 Dec 1973 Ss. 9 (1) and 10 Administrative Changes (Consequential Provisions) Act 1976 91, 1976 20 Sept 1976 20 Sept 1976 (b) S. 4 Statute Law Revision Act 1981 61, 1981 12 June 1981 S. 115: Royal Assent (c) - Statute Law (Miscellaneous Amendments) Act (No. 2) 1982 80, 1982 22 Sept 1982 Part LXXVII (s. 280): Royal Assent (d) S. 280 (2) and (3) ----------------------------------------------------------------------------- (a) Sub-section 2 (2) of the National Service Act 1957 provides for sections 15 to 19 (inclusive), 22, 28 and 29 to come into operation on 12 June 1957 and the remaining provisions of that Act to commence on Royal Assent. Section 3 of the National Service Act (No. 2) 1957 provides as follows: "3. Notwithstanding anything contained in section two of the National Service Act 1957, section nineteen of that Act shall be deemed not to have come into operation." (b) By virtue of sub-section 2 (7) of the Administrative Changes (Consequential Provisions) Act 1976 the amendment made by that Act to the National Service Act 1951 is deemed to have come into operation on 22 December 1975. (c) The National Service Act 1951 was amended by section 115 only of the Statute Law Revision Act 1981, sub-section 2 (1) of which provides that section 115 shall come into operation on Royal Assent. (d) The National Service Act 1951 was amended by Part LXXVII (section 280) only of the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982, sub-section 2 (1) of which provides that Part LXXVII shall come into operation on Royal Assent. Table of Amendments ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted ----------------------------------------------------------------------------- Provision affected How affected ----------------------------------------------------------------------------- S. 3 . . . . . . . . am. No. 63, 1951; No. 126, 1964; No. 51, 1968 rep. No. 216, 1973 S. 4 . . . . . . . . am. No. 126, 1964; No. 52, 1965; No. 51, 1968; No. 216, 1973; No.91, 1976; No. 61, 1981; No. 80, 1982 S. 4A . . . . . . . . ad. No. 51, 1968 S. 5 . . . . . . . . am. No. 216, 1973 S. 10 . . . . . . . . am. No. 16, 1957; No. 126, 1964 S. 11 . . . . . . . . am. No. 63, 1951; No. 16, 1957; No. 126, 1964; No. 51, 1968 S. 13 . . . . . . . . am. No. 16, 1957; No. 51, 1968 S. 14 . . . . . . . . rep. No. 16, 1957 S.15 . . . . . . . . am. No. 51, 1968 S. 16 . . . . . . . . am. No. 126, 1964; No. 51, 1968 S. 17 . . . . . . . . am. No. 16, 1957; No. 126, 1964; No. 93, 1966; No. 51, 1968 S. 18 . . . . . . . . am. No. 126, 1964; No. 51, 1968; No. 80, 1971 Part III (ss. 19-24) rs. No. 51, 1968 S. 19 . . . . . . . . rs. No. 51, 1968 S. 20 . . . . . . . . rs. No. 63, 1951; No. 51, 1968 S. 21 . . . . . . . . am. No. 52, 1965 rs. No. 51, 1968 Ss. 22, 23 . . . . . am. No. 16, 1957 rs. No. 51, 1968 S. 24 . . . . . . . . rs. No. 16, 1957; No. 51, 1968 S. 25 . . . . . . . . am. No. 126, 1964 S. 26 . . . . . . . . rs. No. 16, 1957 am. No. 126, 1964; No. 51, 1968 S. 27 . . . . . . . . am. No. 16, 1957 rs. No. 126, 1964; No. 52, 1965 am. No. 51, 1968; No. 80, 1971 S. 28 . . . . . . . . rs. No. 126, 1964; No. 52, 1965 am. No. 51, 1968; No. 80, 1971 S. 29 . . . . . . . . am. No. 30, 1953 S. 29A . . . . . . . ad. No. 30, 1953 am. No. 16, 1957; No. 51, 1968 Ss. 29B, 29C . . . . ad. No. 30, 1953 am. No. 216, 1973 S. 29CA . . . . . . . ad. No. 51, 1968 am. No. 216, 1973 S. 29D . . . . . . . ad. No. 30, 1953 S. 30 . . . . . . . . am. No. 63, 1951 S. 31 . . . . . . . . am. No. 16, 1957; No. 51, 1968 S. 33 . . . . . . . . rs. No. 16, 1957 rep. No. 126, 1964 S. 34 . . . . . . . . am. No. 63, 1951; No. 16, 1957 rs. No. 126, 1964; No. 52, 1965 am. No. 51, 1968 S. 35 . . . . . . . . rs. No. 63, 1951 S. 35A . . . . . . . ad. No. 63, 1951 am. No. 16, 1957 rs. No. 126, 1964; No. 51, 1968 am. No. 80, 1971 S. 35AA . . . . . . . ad. No. 51, 1968 S. 35B . . . . . . . ad. No. 63, 1951 rs. No. 16, 1957; No. 126, 1964; No. 52, 1965 am. No. 51, 1968 Part V (ss. 36-47) . rep. No.126, 1964 Ss. 36-39 . . . . . . rep. No. 126, 1964 S. 40 . . . . . . . . am. No. 63, 1951 rep. No. 126, 1964 Ss. 41-47 . . . . . . rep. No. 126, 1964 S. 48 . . . . . . . . am. No. 16, 1957; No. 93, 1966; No. 51, 1968 Ss. 48A-48C . . . . . ad. No. 51, 1968 S. 49 . . . . . . . . am. No. 16, 1957; No. 93, 1966 rs. No. 51, 1968 Ss. 49A, 49B . . . . ad. No. 51, 1968 S. 50 . . . . . . . . am. No. 93, 1966; No. 51, 1968 S. 51 . . . . . . . . rs. No. 63, 1951; No. 16, 1957 am. No. 126, 1964; No. 93, 1966 rs. No. 51, 1968 S. 51A . . . . . . . ad. No. 51, 1968 S. 51B . . . . . . . ad. No. 51, 1968 am. No. 80, 1971 Ss. 51C, 51D . . . . ad. No. 51, 1968 S. 52 . . . . . . . . am. No. 93, 1966; No. 51, 1968 S. 52A . . . . . . . ad. No. 16, 1957 am. No. 93, 1966; No. 51, 1968 S. 53 . . . . . . . . am. No. 93, 1966 S. 54 . . . . . . . . am. No. 93, 1966; No. 51, 1968 Ss. 54A, 54B . . . . ad. No. 126, 1964 am. No. 93, 1966; No. 51, 1968 S. 54C . . . . . . . ad. No. 51, 1968 S. 55 . . . . . . . . am. No. 93, 1966 rs. No. 51, 1968 S. 56 . . . . . . . . am. No. 16, 1957; No. 93, 1966 rs. No. 51, 1968 S. 56A . . . . . . . ad. No. 51, 1968 S. 57 . . . . . . . . rs. No. 63, 1951 am. No. 16, 1957; No. 51, 1968 Ss. 57A, 57B . . . . ad. No. 30, 1953 am. No. 216, 1973 S. 57C . . . . . . . ad. No. 30, 1953 S. 57D . . . . . . . ad. No. 51, 1968 S. 58 . . . . . . . . am. No. 16, 1957; No. 216, 1973 S. 59 . . . . . . . . rs. No. 126, 1964 rep. No. 216, 1973 S. 59A . . . . . . . ad. No. 52, 1965 rs. No. 51, 1968 Ss. 59B, 59C . . . . ad. No. 51, 1968 S. 60 . . . . . . . . rs. No. 16, 1957 am. No. 51, 1968 S. 61 . . . . . . . . am. No. 93, 1966; No. 51, 1968 ----------------------------------------------------------------------------- NATIONAL SERVICE ACT 1951 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
PART I-PRELIMINARY
Section
1. Short title
2. Commencement
4. Interpretation
4A. Application of Act to persons employed under rostering
arrangements
5. Application of Act to Territories
6. Delegation
7. National Service Registration Offices
8. Provisions with respect to the Australian Capital Territory and
the Northern Territory
9. Registrars
PART II-REGISTRATION FOR THE PURPOSE OF NATIONAL<
ERVICE
10. Registration
11. Time for registration
12. Continuance of liability to register
13. Method of registration
15. Certificate of registration
16. Early registration
17. Changes of address to be notified
18. Exemption from registration
PART III-EXAMINATION AS TO FITNESS
19. Notice of examination
20. Medical Boards
21. Examination by Medical Board
22. Further examination
23. Reports of examinations
24. Remuneration and allowances
PART IV-OBLIGATION TO RENDER NATIONAL SERVICE
25. Liability for service
26. Call up for service
27. Enlistment and service in the Military Forces
28. Persons appointed to be Officers
29. Exemptions
29A. Exemptions on grounds of conscientious beliefs
29B. Exemption to be decided by a court of summary jurisdiction
29C. Appeals from decisions of courts of summary jurisdiction
29CA. Appeals from courts of review
29D. Burden of proof
30. Voluntary service by exempt persons
31. Deferment of service
32. Cancellation of deferment
34. Calculation of service in the Regular Army Supplement
35. Enlistment in the Permanent Forces
35A. Extent of liability for service of persons who have served in
the
Permanent Forces or in the armed forces of another country
35AA. Enlistment in Citizen Forces
35B. Discharge of a national serviceman
PART VI-MISCELLANEOUS
48. Failure to register
48A. Filling in false forms of registration
48B. Furnishing false documents and making false statements
48C. Destroying or damaging certificate of registration
49. Failure to attend for examination
49A. Failure to submit to examination
49B. Person not to be punished twice for same act or omission
50. Resistance or obstruction
51. Failure to comply with notice calling person up for service
51A. Failure to render service
51B. Calculation of service for purpose of sentence
51C. Exclusion of section 4 of Commonwealth Prisoners Act
51D. Person sentenced to imprisonment not liable for service
52. Person may be requested to answer questions and furnish
information
52A. Persons to furnish information
53. Authorized persons may question person liable to register, or
render service
54. Parent or guardian hindering or preventing a person from serving
54A. Employer not to hinder or prevent employee from serving
54B. Employer not to penalize employee by reason of service
54C. Compensation may be paid to employee
55. Employers to notify Secretary or Registrar of names and
addresses
of employees who have failed to register or to render service
56. Persons liable for service to obtain permission before leaving
Australia
56A. Person liable for service not to be given authority to leave
Australia by ship or aircraft
57. Evidence
57A. Jurisdiction of courts
57B. Venue in prosecutions
57C. Practice and procedure
57D. Deductions from pay of national servicemen and national service
officers in respect of unpaid fines
58. Postage of forms, &c.
59A. Payment for certain absences from employment
59B. Allowance in respect of attendance
59C. Compensation for expenses of travelling
60. Service of documents
61. Regulations
NATIONAL SERVICE ACT 1951 - LONG TITLE
SECT
An Act to provide for National Service in the Defence Force, and for other
purposes
NATIONAL SERVICE ACT 1951 - PART I
PART I-PRELIMINARY
NATIONAL SERVICE ACT 1951 - SECT 1
Short title
SECT
1. This Act may be cited as the National Service Act 1951.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
NATIONAL SERVICE ACT 1951 - SECT 2
Commencement
SECT
2. This Act shall come into operation on the day on which it receives the
Royal Assent.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
NATIONAL SERVICE ACT 1951 - SECT 4
Interpretation
SECT
4. (1) In this Act, unless the contrary intention appears-
"Australia" includes the Territories to which this Act extends;
"authorized person" means a person included in a class of persons declared
by the Minister to be authorized persons for the purposes of this Act;
"contract of apprenticeship" includes any contract for the training of a
person in connexion with a profession, trade or occupation;
"contract of employment" includes a contract of apprenticeship;
"employ" means employ under a contract of employment, and "employer" and
"employee" have corresponding meanings;
"Medical Board" means a Medical Board constituted under this Act;
"person authorized by the Military Board" means a person authorized in
writing by the Military Board for the purposes of the provision in which the
expression occurs;
"registered address", in relation to a person registered under this Act,
means the address shown on the certificate of registration issued to that
person;
"Registrar" means a Registrar appointed under this Act;
"service tribunal" means a court-martial and includes an officer of the
Defence Force exercising jurisdiction summarily in respect of offences
committed by members of the Defence Force;
"the Permanent Forces" means the permanent Naval Forces, the Australian
Regular Army, the Regular Army Supplement or the Permanent Air Force;
"the Secretary" means the Secretary to the Department.
(2) A reference in this Act to service under this Act, service as required
by or under this Act or service which a person is liable to render under this
Act shall be read as a reference to service in the Military Forces of the
Commonwealth by virtue of a notice under section twenty-six of this Act.
(3) Unless the contrary intention appears, words and expressions used in
this Act have the same respective meanings as in the Defence Act 1903-1964.
(4) Unless the contrary intention appears, a reference in this Act to a
national serviceman shall be read as a reference to a person who, under
section twenty-seven of this Act, is to be deemed to have been engaged or
re-engaged to serve in the Regular Army Supplement or in the Regular Army
Reserve, as the case requires, and any reference to the period of his
engagement to serve in the Regular Army Supplement or in the Regular Army
Reserve shall be read as including a reference to any period for which he is
to be deemed to have been re-engaged to serve in that force.
(5) Unless the contrary intention appears, a reference in this Act to a
national service officer shall be read as a reference to a national serviceman
or to a person referred to in sub-section (1) of section twenty-eight of this
Act, as the case requires, who is appointed to be an officer and by reason of
that appointment is not liable to render service, or to render further
service, as the case may be, under this Act.
(6) For the purposes of this Act-
(a) the employment of a person under a law of the Commonwealth, of a State
or of a Territory but otherwise than under a contract of employment shall be
treated as if that employment were employment under a contract of employment;
(b) the employment of a person as an apprentice, or as a trainee in
connexion with any profession, trade or occupation, under a law of the
Commonwealth, of a State or of a Territory but otherwise than under a contract
of apprenticeship shall be treated as if that employment were employment under
a contract of apprenticeship.
NATIONAL SERVICE ACT 1951 - SECT 4A
Application of Act to persons employed under rostering arrangements
SECT
4A. (1) Where an arrangement exists under which a person keeps a list of the
names of persons who are available for employment and allots the persons whose
names are included in the list to employers for the purpose of the employment
of those persons by those employers, each person whose name is included in the
list shall, for the purposes of this Act, be deemed to be employed by the
person keeping the list and to be so employed under a contract of employment
constituted by the terms of the arrangement.
(2) The last preceding sub-section does not apply in relation to a person
whose name is included in a list referred to in that sub-section if, apart
from that sub-section, the person is, at the relevant time, employed under a
contract of employment.
(3) In this section-
"list" means any compilation of names of persons, whether called a list,
roster or register or called by any other name and whether kept in a material
form or not;
"name", in relation to a person, includes any means of identifying the
person.
NATIONAL SERVICE ACT 1951 - SECT 5
Application of Act to Territories
SECT
5. (1) This Act extends to and in relation to the external Territories from
such date as is specified by the Governor-General, in respect of each of those
Territories, by notice published in the Gazette.
(2) Notwithstanding the extension of this Act to a Territory, nothing in
this Act applies to the aboriginal native inhabitants of that Territory.
NATIONAL SERVICE ACT 1951 - SECT 6
Delegation
SECT
6. (1) The Minister or the Secretary may, in relation to any matter or class
of matters or in relation to any particular part of Australia, by writing
under his hand, delegate all or any of his powers and functions under this Act
or the regulations (except this power of delegation), so that the delegated
powers and functions may be exercised or performed by the delegate, with
respect to the matter or class of matters, or the part of Australia, specified
in the instrument of delegation.
(2) Every delegation under this section shall be revocable at will, and no
delegation shall prevent the exercise or performance of any power or function
by the Minister or the Secretary.
(3) The powers and functions which may be exercised or performed by virtue
of a delegation under this section may continue to be exercised or performed
notwithstanding the fact that the Minister or Secretary, as the case may be,
has ceased to hold office by death or otherwise, but the delegation may be
revoked by the Minister or the Secretary, as the case may be, holding office
for the time being.
NATIONAL SERVICE ACT 1951 - SECT 7
National Service Registration Offices
SECT
7. (1) The Minister shall establish and maintain, for each State, a National
Service Registration Office at the capital city of that State.
(2) The Minister may, at such place as he thinks fit, establish and maintain
a National Service Registration Office for a Territory to which this Act
applies.
(3) The situation of each National Service Registration Office established
under this section shall be notified in the Gazette.
NATIONAL SERVICE ACT 1951 - SECT 8
Provisions with respect to the Australian Capital Territory and the Northern
Territory
SECT
8. (1) Unless and until a National Service Registration Office is
established in the Australian Capital Territory, the National Service
Registration Office at Sydney in the State of New South Wales shall be the
National Service Registration Office for the Australian Capital Territory.
(2) Unless and until a National Service Registration Office is established
in the Northern Territory, the National Service Registration Office at
Adelaide in the State of South Australia shall be the National Service
Registration Office for the Northern Territory.
NATIONAL SERVICE ACT 1951 - SECT 9
Registrars
SECT
9. (1) The Minister shall, in respect of each State or Territory for which
there is a National Service Registration Office, appoint an officer of the
Department to be a Registrar for that State or Territory.
(2) A person so appointed shall have charge of the National Service
Registration Office for the State or Territory in respect of which he is
appointed.
NATIONAL SERVICE ACT 1951 - PART II
PART II-REGISTRATION FOR THE PURPOSE OF
NATIONAL SERVICE
NATIONAL SERVICE ACT 1951 - SECT 10
Registration
SECT
10. (1) The Minister may, from time to time, by notice published in the
Gazette, require all male persons, not being persons registered under this
Act, who-
(a) upon the date specified in the notice-
(i) are British subjects and are ordinarily resident in Australia; or
(ii) not being British subjects but being persons ordinarily resident in
Australia, are included in a prescribed class of persons; and
(b) have attained the age of nineteen years and have attained, or will
attain, the age of twenty years during such period as is specified in the
notice,
to register under this Act.
(2) A person who has arrived in Australia (whether before or after the
commencement of this Act) and intends to make his home in Australia shall, for
the purposes of this Act, be deemed to be ordinarily resident in Australia as
from the time of his arrival.
(3) Without limiting the application of the last preceding sub-section, a
person who, at any time, has been in Australia continuously for not less than
twelve months shall, unless he establishes the contrary, be deemed, for the
purposes of this Act, to have been, at that time, ordinarily resident in
Australia.
NATIONAL SERVICE ACT 1951 - SECT 11
Time for registration
SECT
11. (1) Subject to this Act, a person to whom a notice under the last
preceding section applies shall, within fourteen days after a date specified
in the notice as the date for registration, register under this Act.
(2) A person to whom a notice under the last preceding section applies who
is absent from Australia during the period within which, under the last
preceding sub-section, he is required to register, shall register within
fourteen days after his return to Australia.
(2A) Where a person who would, but for the operation of section eighteen of
this Act, have been required to register under this Act ceases to be within a
class of persons specified in that section, that person shall register under
this Act within fourteen days after the date on which he ceases to be within
that class of persons unless he is within another class of persons specified
in that section.
(3) Where a person required to register under this Act is insane or so
mentally or physically incapacitated as to be unable to comply with the
requirements of this Act, a person deemed as prescribed to be in charge of the
first-mentioned person shall comply, on his behalf, with those requirements.
NATIONAL SERVICE ACT 1951 - SECT 12
Continuance of liability to register
SECT
12. A person required to register under this Act who has failed so to
register within the period specified in the last preceding section shall
continue to be liable to register until he attains the age of twenty-six years
or, being a person included in a class of persons prescribed for the purposes
of paragraph (d) of sub-section (1) of section twenty-five of this Act, the
age of thirty years.
NATIONAL SERVICE ACT 1951 - SECT 13
Method of registration
SECT
13. (1) A person who is required to register under this Act shall-
(a) obtain, or cause to be obtained, the prescribed form of registration;
(b) fill in and supply in the form, in accordance with the instructions
contained in or accompanying the form, all the particulars specified in the
form;
(c) sign the form; and
(d) deliver the form to, or post the form addressed to, the Registrar at a
National Service Registration Office,
and, upon receipt of the form by the Registrar, that person shall be deemed to
be registered under this Act.
(2) Where a particular specified in a form signed, and delivered or posted
to the Registrar, in accordance with the last preceding sub-section is not
filled in or supplied in the form in accordance with the instructions
contained in or accompanying the form, the person required by that sub-section
to fill in or supply that particular shall, if the Registrar directs that that
person be registered under this Act, be deemed, for the purposes of this Act,
to be so registered and to have been so registered from the time of the
receipt of the form by the Registrar.
(3) Where-
(a) a person has, whether before or after the commencement of this
sub-section, been convicted of an offence against paragraph (a) of sub-section
(1) of section forty-eight of this Act; and
(b) the person continues to be liable to register under this Act but
remains unregistered,
the person shall, if the Secretary directs that the person be registered under
this Act, be deemed, for the purposes of this Act, to be so registered from
the time of the giving of the direction.
NATIONAL SERVICE ACT 1951 - SECT 15
Certificate of registration
SECT
15. A Registrar shall cause to be issued to a person who is to be deemed, by
virtue of section thirteen of this Act, to be registered under this Act a
certificate, in the prescribed form, of registration under this Act.
NATIONAL SERVICE ACT 1951 - SECT 16
Early registration
SECT
16. (1) A male person who-
(a) has attained such age as is prescribed;
(b) is not required to register under this Act;
(c) but for his age, could be required to register under this Act; and
(d) desires so to register,
may apply, in the prescribed manner, to be registered under this Act.
(1A) A male person who is not a British subject and is not included in a
class of persons prescribed for the purposes of sub-paragraph (ii) of
paragraph (a) of sub-section (1) of section ten of this Act may apply, in the
prescribed manner, to be registered under this Act.
(2) If a Registrar is satisfied that an application under this section
should be granted, he shall issue to the applicant a certificate, in the
prescribed form, of registration under this Act.
NATIONAL SERVICE ACT 1951 - SECT 17
Changes of address to be notified
SECT
17. (1) A person who has registered under this Act, not being a person-
(a) who has commenced to render service under this Act; or
(b) who has attained the age of twenty-six years or, being a person
included in a class of persons prescribed for the purposes of paragraph (d) of
sub-section (1) of section twenty-five of this Act, the age of thirty years,
shall, within thirty days after changing his place of living, notify a
Registrar of that change in accordance with the regulations.
Penalty: Two hundred dollars.
(2) Upon compliance by a person with the requirements of the last preceding
sub-section, the Registrar shall issue to that person a new certificate of
registration.
(3) Sub-section (1) of this section does not apply to a person included in a
prescribed class of persons.
(5) A prosecution for an offence against this section may be commenced at
any time.
NATIONAL SERVICE ACT 1951 - SECT 18
Exemption from registration
SECT
18. Nothing in this Part requires a person included in the following classes
of persons to register under this Act:
(a) persons whose presence in Australia is occasioned solely by their
employment in the service of a Government outside Australia;
(b) officials of the United Nations in the categories specified by the
Secretary-General of the United Nations under section seventeen of the General
Convention on the Privileges and Immunities of the United Nations which was
adopted by the General Assembly of the United Nations on the thirteenth day of
February, One thousand nine hundred and forty-six;
(c) officials of specialized agencies as defined by section one of the
International Convention on the Privileges and Immunities of the Specialized
Agencies of the United Nations which was adopted by the General Assembly of
the United Nations on the twenty-first day of November, One thousand nine
hundred and forty-seven, in the categories specified by the several
specialized agencies under section eighteen of that Convention, except such of
those officials as are Australian citizens, unless their names have been
placed on the list compiled and approved under section twenty of the
Convention;
(d) such officials, or officials of such classes, of any other
international organization as are prescribed;
(e) aboriginal natives of Australia, as defined by the regulations, other
than a class of aboriginal natives as so defined that is specified in the
regulations;
(f) members of the Permanent Forces; and
(g) persons who have served in the Permanent Forces for not less than
eighteen months and have been discharged from those Forces.
NATIONAL SERVICE ACT 1951 - PART III
PART III-EXAMINATION AS TO FITNESS
NATIONAL SERVICE ACT 1951 - SECT 19
Notice of examination
SECT
19. (1) The Secretary may serve on a person who is registered, or is
required to register, under this Act a notice in writing requiring that person
to attend for examination at such time and place as is, or at such times and
places as are, specified in the notice for the purpose of determining the
physical or mental fitness or capacity of the person for service under this
Act.
(2) A person so attending shall submit himself to-
(a) an examination before a Medical Board; and
(b) such other examinations as the Secretary considers necessary.
NATIONAL SERVICE ACT 1951 - SECT 20
Medical Boards
SECT
20. (1) Subject to the next succeeding sub-section, a Medical Board shall
consist of not less than two registered medical practitioners selected as the
Minister directs.
(2) Where the Minister is of opinion that, if a person were required to
submit himself for examination before a Medical Board consisting of two
registered medical practitioners, that person would be caused undue
inconvenience or would be required to travel an excessive distance, the
Minister may direct that a Medical Board shall, for the purpose of the
examination of that person, consist of one registered medical practitioner
selected as the Minister directs.
NATIONAL SERVICE ACT 1951 - SECT 21
Examination by Medical Board
SECT
21. A Medical Board shall, in accordance with instructions approved by the
Minister, examine each person required under this Part to submit himself to
examination before a Medical Board.
NATIONAL SERVICE ACT 1951 - SECT 22
Further examination
SECT
22. (1) Where a Medical Board or the Secretary considers that a person
should submit himself to another examination for the purpose of determining
the physical or mental fitness or capacity of the person for service under
this Act, the Secretary may serve on that person a notice in writing requiring
him to attend for examination for that purpose at such time and place as is,
or at such times and places as are, specified in the notice.
(2) A person so attending shall submit himself to such examination as the
Secretary thinks necessary.
NATIONAL SERVICE ACT 1951 - SECT 23
Reports of examinations
SECT
23. A Medical Board that, or a person who, makes an examination under this
Part shall furnish a report of the examination to the Secretary or to a person
authorized by the Secretary to receive the report.
NATIONAL SERVICE ACT 1951 - SECT 24
Remuneration and allowances
SECT
24. Members of Medical Boards, and other persons conducting examinations
under this Part, shall be paid such fees and allowances as the Minister
determines.
NATIONAL SERVICE ACT 1951 - PART IV
PART IV-OBLIGATION TO RENDER NATIONAL SERVICE
NATIONAL SERVICE ACT 1951 - SECT 25
Liability for service
SECT
25. (1) A person who-
(a) is registered, or is required to register, under this Act;
(b) has attained the age of twenty years, or, in the case of a person
registered under section sixteen of this Act, nineteen years;
(c) is not exempt from liability to render service under this Act; and
(d) has not attained the age of twenty-six years or, in the case of a
person included in a prescribed class of persons, thirty years,
is liable to render service as required by or under this Act.
(2) A person who has commenced to render service under this Act but has not
completed that service is liable to complete the rendering of that service.
NATIONAL SERVICE ACT 1951 - SECT 26
Call up for service
SECT
26. (1) The Secretary may serve on a person liable to render service under
this Act a notice calling up that person for service with the Military Forces
of the Commonwealth.
(2) A notice served on a person under the last preceding sub-section shall
specify the time and place at which, and the authority to which, that person
is to present himself for service.
(3) The Secretary may, before the time specified in the notice, serve on the
person a further notice that revokes the first-mentioned notice or varies the
first-mentioned notice in such manner as is specified in the further notice.
(4) Where a person has, whether before or after the commencement of this
sub-section, failed to comply with the requirements of a notice served on him
under sub-section (1) of this section, the Secretary may at any time serve a
further notice on the person under sub-section (1) of this section.
NATIONAL SERVICE ACT 1951 - SECT 27
Enlistment and service in the Military Forces
SECT
27. (1) A person on whom a notice has been served under the last preceding
section shall, upon presenting himself for service, be deemed to have been
enlisted for service in the Regular Army Supplement and to have been engaged
to serve in that force for a period of eighteen months.
(2) Upon his completion of the period of service in the Regular Army
Supplement for which, under the last preceding sub-section, a person is to be
deemed to have been engaged, he shall, subject to the succeeding provisions of
this section and the next succeeding section-
(a) be discharged from that force; and
(b) upon being so discharged, be deemed to have been enlisted for service
in the Regular Army Reserve and to have been engaged to serve in that force
for a period of three and one-half years.
(3) If the period of service for which-
(a) a person is to be deemed to have been engaged or re-engaged to serve in
the Regular Army Supplement; or
(b) a person is to be deemed to have been engaged to serve in the Regular
Army Reserve,
expires during a time of war, he shall, upon his completion of that period, be
deemed to have been re-engaged to serve in that force for the duration of the
time of war.
(4) If the period of service in the Regular Army Supplement for which, under
this section, a person is to be deemed to have been engaged or re-engaged
expires during a time of defence emergency, he shall, upon his completion of
that period of service, be deemed to have been re-engaged to serve in that
force for the duration of the time of defence emergency or until the
expiration of the period of five years after the date on which he presented
himself for service under this Act, whichever is the shorter period.
(5) If, upon or before the expiration of the period of his engagement to
serve in the Regular Army Supplement, a national serviceman volunteers and is
accepted for an additional period of service in that force, he shall be deemed
to have been re-engaged to serve in that force for the additional period.
(6) Where, as provided by the preceding provisions of this section, a
national serviceman has served in the Regular Army Supplement for a period of
not less than five years, he is not liable to render further service under
this Act.
(7) Where, as provided by the preceding provisions of this section, a
national serviceman has served in the Regular Army Supplement for a period of
less than five years, he shall, subject to the succeeding provisions of this
section and the next succeeding section-
(a) upon his completion of that period of service be discharged from that
force; and
(b) upon being so discharged, be deemed to have been enlisted for service
in the Regular Army Reserve and to have been engaged to serve in that force
for the period by which the period of five years exceeds the period for which
he served in the Regular Army Supplement.
(7A) A national serviceman who is serving in the Regular Army Supplement
under a re-engagement referred to in sub-section (5) of this section may be
discharged from that force in accordance with regulations under the Defence
Act 1903-1966 but, upon being so discharged, he shall, subject to the
succeeding provisions of this section and the next succeeding section, be
deemed to have been enlisted for service in the Regular Army Reserve and to
have been engaged to serve in that force for the period by which the period of
five years exceeds the period for which he served in the Regular Army
Supplement.
(8) If, upon or before the expiration of the period of his engagement to
serve in the Regular Army Supplement, a national serviceman volunteers and is
accepted for service, after his discharge from that force in-
(a) the Regular Army Emergency Reserve for a period of not less than four
years; or
(b) the Active Citizen Military Forces for a period of not less than three
and one-half years,
he is not liable to render further service under this Act except as provided
by the next succeeding sub-section.
(9) Where a person referred to in the last preceding sub-section, having
enlisted in the Active Citizen Military Forces, fails to render efficient
service in that force as provided by regulations in force under the Defence
Act 1903-1965, he shall be discharged from that force and, upon being so
discharged, shall be deemed to have been enlisted in the Regular Army Reserve
and to have been engaged to serve in that force for the period by which the
period of five years exceeds the total period of his service in the Regular
Army Supplement and in the Active Citizen Military Forces.
(10) If, at the date of the expiration of the period of his engagement to
serve in the Regular Army Supplement, a national serviceman is absent from
duty on account of an illness or injury in circumstances in which, under
regulations in force under the Defence Act 1903-1965, he would be eligible, if
he were retained in that force, to be paid for service, he may, with his
consent, be retained in that force for the period for which he is so absent
from duty and, if he is so retained, shall be deemed to have been re-engaged
to serve in that force for that period.
NATIONAL SERVICE ACT 1951 - SECT 28
Persons appointed to be Officers
SECT
28. (1) Where, after the service of a notice on a person under section
twenty-six of this Act and at or before the time at which he is required to
present himself for service, he is appointed to be an officer and the
appointment-
(a) is for a period of service of not less than eighteen months in the
Regular Army Supplement; and
(b) is to be followed by a period of service of not less than three and
one-half years in the Regular Army Reserve or the Active Citizen Military
Forces or not less than four years in the Regular Army Emergency Reserve,
he is not liable to render service under this Act.
(2) Where, during the period of his engagement to serve in the Regular Army
Supplement, a national serviceman is appointed to be an officer and the
appointment-
(a) is for a period of service in the Regular Army Supplement, or for a
period of service in that force to be followed by a period of service in the
Regular Army Reserve, that is not less than the total period of service for
which he was to be deemed to have been engaged to serve in the first-mentioned
force or successively in those forces, as the case may be; or
(b) is for a period of service in the Regular Army Supplement that is not
less than the period of his engagement to serve in that force and is to be
followed by a period of service of not less than three and one-half years in
the Active Citizen Military Forces or four years in the Regular Army Emergency
Reserve,
he is not liable to render further service under this Act.
(3) Where, at the commencement or during the period of his engagement to
serve in the Regular Army Reserve, a national serviceman is appointed to be an
officer and the appointment is for a period of service in that force that is
not less than three and one-half years or not less than the unexpired portion
of the period for which he was to be deemed to have been engaged to serve in
that force, as the case may be, he is not liable to render further service
under this Act.
(4) Where the appointment of a national service officer is terminated, and
the Military Board or a person authorized by the Military Board certifies in
writing that the appointment was terminated on disciplinary grounds or by
reason that the national service officer is unsuitable to serve as an officer,
he again becomes liable to render service under this Act, but any service
rendered by him as a national service officer shall, in addition to any
service rendered by him as a national serviceman, be taken into account as
service under this Act.
(5) If the appointment of a national service officer-
(a) is terminated so that he may be appointed as an officer of the
Permanent Forces, the naval, military or air forces of any part of the Queen's
dominions other than Australia, or the naval, military or air forces of a
prescribed country; and
(b) he is appointed to be an officer of any one of those forces for a
period of service that is not less than the period of service that he would
have been required to render under the preceding provisions of this section,
he is not liable to render further service under this Act.
(6) Where, during the period of his engagement to serve in the Regular Army
Supplement or in the Regular Army Reserve, a national serviceman is appointed
to be an officer before the expiration of the period of his engagement to
serve in that force, he shall, upon his appointment as an officer, be deemed
to have been discharged from that force as a soldier.
NATIONAL SERVICE ACT 1951 - SECT 29
Exemptions
SECT
29. (1) The following persons are exempt from liability to render service
under this Act, so long as the employment, condition or status on which the
exemption is based continues:
(a) persons subject to a prescribed physical or mental disability;
(c) persons who are students at a theological college as defined by the
regulations or are theological students as prescribed;
(d) ministers of religion; and
(e) members of a religious order who devote the whole of their time to the
duties of the order and persons who are students at a college maintained
solely for training persons to become members of a religious order.
(2) Where a question arises as to whether a person is exempt from liability
to render service under this Act, the burden of proving the exemption rests on
the person claiming the exemption and the question shall be decided in
accordance with the prescribed procedure by a court of summary jurisdiction
constituted by a Police, Stipendiary or Special Magistrate.
NATIONAL SERVICE ACT 1951 - SECT 29A
Exemptions on grounds of conscientious beliefs
SECT
29A. (1) A person whose conscientious beliefs do not allow him to engage in
any form of military service is, so long as he holds those beliefs, exempt
from liability to render service under this Act.
(2) A person whose conscientious beliefs do not allow him to engage in
military duties of a combatant nature but allow him to engage in military
duties of a non-combatant nature, shall not, so long as he holds those
beliefs, be required to engage in duties of a combatant nature.
(5) For the purpose of this section, a conscientious belief is a
conscientious belief whether the ground of the belief is or is not of a
religious character and whether the belief is or is not part of the doctrines
of a religion.
NATIONAL SERVICE ACT 1951 - SECT 29B
Exemption to be decided by a court of summary jurisdiction
SECT
29B. (1) Where a question arises whether-
(a) a person is, by virtue of sub-section (1) of the last preceding
section, exempt from liability to render service under this Act; or
(b) a person is a person to whom sub-section (2) of that section applies,
the question shall be heard and decided by a court of summary jurisdiction of
a State or Territory constituted by a Police, Stipendiary or Special
Magistrate.
(2) Where a question arises whether a person is, by virtue of sub-section
(1) of the last preceding section, exempt from liability to render service
under this Act, the court by which the question is heard may, if it is
satisfied that the person is not so exempt but that the person is a person to
whom sub-section (2) of that section applies, decide accordingly.
NATIONAL SERVICE ACT 1951 - SECT 29C
Appeals from decisions of courts of summary jurisdiction
SECT
29C. (1) In this section, "court of review" means a District Court, or
County Court in the State or Territory in which the person in relation to whom
the question arises resides or, if there is no such court, the Supreme Court
of the State or Territory in which that person resides.
(2) Where a court of summary jurisdiction has decided a question under the
last preceding section, the Minister or the person in relation to whom the
question arose may appeal to a court of review against the decision.
(3) An appeal under this section shall be instituted-
(a) within fourteen days after the date of the decision; or
(b) if the person seeking to appeal satisfies a court of review that
special circumstances beyond his control have prevented him from instituting
the appeal within the time specified in the last preceding paragraph-within
such time as the court of review allows.
(4) The court of review in which an appeal under this section is
instituted-
(a) shall hear and determine the appeal; and
(b) may affirm, vary or reverse the decision of the court of summary
jurisdiction.
(5) The jurisdiction of a court of review under this section shall be
exercised by a single judge.
(6) Unless a court of review before which an appeal is heard otherwise
orders, the appeal shall be by way of rehearing.
(7) The decision of a court of review under this section is final and
conclusive.
NATIONAL SERVICE ACT 1951 - SECT 29CA
Appeals from courts of review
SECT
29CA. (1) Notwithstanding sub-section (7) of the last preceding section,
where a court of review in a State has given a decision under that section
after the commencement of the National Service Act 1968, a party to the
proceeding before that court-
(a) may appeal from that decision to the Supreme Court of that State
constituted by not less than three Judges on a ground involving a question of
law only; and
(b) may, with the leave of the Supreme Court of that State, appeal from
that decision to that Court constituted by not less than three Judges on any
other ground.
(2) Notwithstanding sub-section (7) of the last preceding section, where a
court of review in a Territory has given a decision under that section after
the commencement of the National Service Act 1968, a party to the proceeding
before that court-
(a) may appeal from that decision to the Commonwealth Industrial Court
constituted by not less than three Judges on a ground involving a question of
law only; and
(b) may, with the leave of the Commonwealth Industrial Court, appeal from
that decision to that Court constituted by not less than three Judges on any
other ground.
(3) The Court in which an appeal under this section is instituted-
(a) shall hear and determine the appeal;
(b) may affirm, vary or set aside the order of the court of review;
(c) may give such judgment, or make such order, as in all the circumstances
it thinks fit, or refuse to make an order; and
(d) may remit the case for rehearing and determination, either with or
without the hearing of further evidence, by the court of review.
(4) A decision of a Court on an appeal under this section is final and
conclusive except so far as an appeal may be brought to the High Court by
special leave of the High Court.
NATIONAL SERVICE ACT 1951 - SECT 29D
Burden of proof
SECT
29D. Where a person claims to be exempt, by virtue of sub-section (1) of
section twenty-nine A of this Act, from liability to render service under this
Act or to be a person to whom sub-section (2) of that section applies, the
burden of proving the claim rests on that person.
NATIONAL SERVICE ACT 1951 - SECT 30
Voluntary service by exempt persons
SECT
30. A person who is exempt from liability to register or to render service
under this Act may volunteer, in the prescribed manner, for that service and,
if accepted, is liable to render the service which he would have been liable
to render if he had not been so exempt.
NATIONAL SERVICE ACT 1951 - SECT 31
Deferment of service
SECT
31. (1) Where it appears to the Minister to be necessary or desirable to do
so in the public interest, he may defer the liability to render service under
this Act of the persons included in such classes of persons as he determines.
(2) A deferment of liability granted under the last preceding sub-section-
(a) shall be of indefinite duration or, if the Minister grants the
deferment for a specified period, shall be for that period; and
(b) is subject to such conditions as the Minister determines.
(2A) Where the Minister has granted a deferment of liability under
sub-section (1) of this section for a period, he may, from time to time,
whether before or after the expiration of the period of the deferment, extend
that period for such further period or periods, and subject to such
conditions, as he determines.
(3) The Minister may cancel or vary any deferment granted under sub-section
(1) of this section.
(4) Without prejudice to the operation of sub-section (1) of this section, a
court of summary jurisdiction constituted by a Police, Stipendiary or Special
Magistrate may, from time to time, upon application being made as prescribed,
defer the liability of the applicant to render service under this Act if the
court is satisfied that the applicant is a person upon whom, or upon whose
parents or dependants, the rendering of service would impose exceptional
hardship.
(5) Any deferment granted under the last preceding sub-section shall be for
such period, not exceeding twelve months, and shall be subject to such
conditions, as the court determines.
(5A) Where a court of summary jurisdiction has granted a deferment of
liability under sub-section (4) of this section, any court of summary
jurisdiction constituted as provided by that sub-section may, from time to
time, whether before or after the expiration of the period of the deferment,
upon application being made as prescribed, extend that period for such further
period or periods (not exceeding twelve months at any one time), and subject
to such conditions, as the court determines if the court is satisfied that the
applicant continues to be a person upon whom, or upon whose parents or
dependants, the rendering of service would impose exceptional hardship.
(6) The procedure with respect to the hearing of applications under
sub-section (4) or sub-section (5A) of this section shall be as prescribed.
(6A) A decision, whether given before or after the commencement of this
sub-section, of a court of summary jurisdiction upon an application under
sub-section (4) or sub-section (5A) of this section is final and conclusive.
(6B) A person whose liability to render service under this Act has been
deferred under this section may volunteer, in the prescribed manner, to render
that service and, if the person is accepted for service under this Act, the
deferment granted in respect of the person shall be deemed to have been
cancelled.
(7) The deferment of the liability of a person to render service under this
Act does not affect the liability of that person to comply with the other
requirements of this Act.
NATIONAL SERVICE ACT 1951 - SECT 32
Cancellation of deferment
SECT
32. Where the Minister is satisfied that a state of emergency exists which
justifies his doing so, he may, by notice published in the Gazette, cancel all
or any of the deferments granted under the last preceding section.
NATIONAL SERVICE ACT 1951 - SECT 34
Calculation of service in the Regular Army Supplement
SECT
34. (1) In calculating the period for which a national serviceman is to be
deemed to have been engaged to serve in the Regular Army Supplement, account
shall not be taken of any period during which he-
(a) was absent from duty without leave for a period in excess of twenty-one
days;
(b) served a sentence, imposed by a court or by a service tribunal, of
imprisonment, detention or field punishment for a period in excess of
twenty-one days;
(c) was in custody by reason of a charge of an offence, being an offence of
which he was convicted by a court or by a service tribunal and in respect of
which he served a sentence of imprisonment, detention or field punishment for
a period in excess of twenty-one days; or
(d) was absent from duty on leave without pay for a period in excess of
twenty-one days.
(2) Where a national serviceman is taken into custody on a charge of an
offence and is convicted of another offence, that conviction shall be deemed
to be a conviction of an offence to which paragraph (c) of the last preceding
sub-section applies.
(3) The period for which a national serviceman is to be deemed to be engaged
to serve in the Regular Army Supplement shall be deemed to be increased by a
period equal to any period that is not to be taken into account under the
preceding provisions of this section.
NATIONAL SERVICE ACT 1951 - SECT 35
Enlistment in the Permanent Forces
SECT
35. A person who is liable to be called up for service under this Act may,
whether or not he has been so called up, enlist in the Permanent Forces.
NATIONAL SERVICE ACT 1951 - SECT 35A
Extent of liability for service of persons who have served in the Permanent
Forces or in the armed forces of another country
SECT
35A. In the application of sub-section (1) of section twenty-seven of this
Act to a person who has, before that sub-section has effect in relation to
him-
(a) served in the Permanent Forces; or
(b) rendered continuous full-time service in the naval, military or air
forces of a country other than Australia,
the reference in that sub-section to the period of eighteen months shall be
read as a reference to that period less the period of his service in the
Permanent Forces or in the naval, military or air forces of that other
country, as the case may be.
NATIONAL SERVICE ACT 1951 - SECT 35AA
Enlistment in Citizen Forces
SECT
35AA. Where a person who is not a British subject but who is liable to
render service under this Act offers to be enlisted in the Citizen Naval
Forces, the Citizen Military Forces or the Citizen Air Force and is accepted
for service in the Forces or Force concerned, that person is not required to
take and subscribe an oath or make and subscribe an affirmation in connexion
with his enlistment but shall, upon presenting himself for service, be deemed
to have enlisted for service in those Forces or that Force and to have been
engaged to serve in those Forces or that Force for the period for which he is
accepted for service.
NATIONAL SERVICE ACT 1951 - SECT 35B
Discharge of a national serviceman
SECT
35B. (1) A national serviceman shall not be discharged, dismissed or removed
from the force in which he is serving before the expiration of the period of
his engagement to serve in that force, except in accordance with a sentence of
a service tribunal or as provided by this section or by section twenty-seven
or section twenty-eight of this Act.
(2) Where, in accordance with conditions determined by the Military Board, a
national serviceman is found to be medically unfit for further service in the
force in which he is serving, he may be discharged from the Military Forces.
(3) Where, in the opinion of the Military Board or a person authorized by
the Military Board, a national serviceman is unsuitable for further service in
the Military Forces and should, for that reason, be discharged, he may be
discharged from the Military Forces.
(4) Whenever a national serviceman is discharged under the last preceding
sub-section on disciplinary grounds, the Military Board or authorized person
shall so state in writing.
(5) Whenever it is found that a national serviceman has become exempt from
liability to render service under this Act, he shall be discharged from the
Military Forces.
(5A) Where-
(a) a national serviceman has been granted leave without pay for periods
amounting in the aggregate to not less than two years on the ground that the
rendering of the service that he was liable to render under this Act was
imposing or would impose exceptional hardship on him or on his parents or
dependants; and
(b) the Military Board, or a person authorized by the Military Board, has
no reason to believe that the circumstances that led to the grant of leave
will not continue and is satisfied that the national serviceman should, for
that reason, be discharged,
the national serviceman may be discharged from the Military Forces and may be
so discharged on the the ground of exceptional hardship.
(6) Where the Military Board or a person authorized by the Military Board is
satisfied that a national serviceman-
(a) will, if he is discharged under this sub-section, be enlisted in the
Permanent Forces, the naval, military or air forces of any part of the Queen's
dominions other than Australia, or the naval, military or air forces of a
prescribed country; and
(b) will, upon being so enlisted, be liable to serve in the force in which
he enlists for a period that is not less than the unexpired portion of the
period of his engagement to serve in the Regular Army Supplement or the
Regular Army Reserve, as the case may be,
he may be discharged from the force in which he is serving as from the day
immediately preceding the day on which he is so enlisted in a force referred
to in paragraph (a) of this sub-section.
(7) A national serviceman discharged in accordance with a sentence of a
service tribunal or as provided by this section is not liable to render
further service under this Act.
NATIONAL SERVICE ACT 1951 - PART VI
PART VI-MISCELLANEOUS
NATIONAL SERVICE ACT 1951 - SECT 48
Failure to register
SECT
48. (1) A person who, being required to register under this Act-
(a) fails so to register; or
(b) while the liability continues, remains unregistered under this Act,
is guilty of an offence punishable, upon conviction, by a fine of not less
than Forty dollars or more than Two hundred dollars.
(2) It is a defence to a prosecution for an offence against a provision of
the last preceding sub-section if the person charged proves that-
(a) he duly complied with the provisions of paragraphs (a) to (d)
(inclusive) of sub-section (1) of section thirteen of this Act;
(b) he did not receive a certificate of registration within twenty-eight
days after the date on which he delivered the prescribed form of registration
to, or posted that form addressed to, the Registrar at a National Service
Registration Office; and
(c) within thirty-five days after that date he notified, by writing under
his hand posted by registered post to the Registrar at that National Service
Registration Office, that Registrar that he had not received a certificate of
registration although he had duly delivered or posted, as the case may be, the
prescribed form of registration.
(3) In a prosecution for an offence against sub-section (1) of this section,
an averment of the prosecutor, contained in the information or complaint,
stating-
(a) that the defendant is a male person;
(b) that the defendant was born on a specified date;
(c) that, on a specified date, the defendant was a British subject and was
ordinarily resident in Australia; or
(d) that, on a specified date, the defendant was not a British subject but
was ordinarily resident in Australia and was included in a prescribed class of
persons for the purposes of sub-paragraph (ii) of paragraph (a) of sub-section
(1) of section ten of this Act,
or stating any two or more of those matters is evidence of the matters so
averred.
NATIONAL SERVICE ACT 1951 - SECT 48A
Filling in false forms of registration
SECT
48A. If a document that purports to be a prescribed form of registration and
to have been completed as required by sub-section (1) of section thirteen of
this Act is posted or delivered to the Registrar and that document is false or
misleading in a material particular, the person who signed the document is
guilty of an offence punishable on conviction by a fine not exceeding Two
hundred dollars.
NATIONAL SERVICE ACT 1951 - SECT 48B
Furnishing false documents and making false statements
SECT
48B. A person shall not knowingly-
(a) furnish or cause to be furnished to an officer or other person
performing any duty in relation to this Act or the regulations a document; or
(b) make to such an officer or person a statement,
that is false or misleading in a material particular.
Penalty: Two hundred dollars.
NATIONAL SERVICE ACT 1951 - SECT 48C
Destroying or damaging certificate of registration
SECT
48C. A person shall not wilfully destroy, damage or deface a certificate of
registration issued in accordance with this Act.
Penalty: Two hundred dollars.
NATIONAL SERVICE ACT 1951 - SECT 49
Failure to attend for examination
SECT
49. (1) A person who has been required by a notice served on him under Part
III to attend for examination but does not comply with the requirements of the
notice is guilty of an offence punishable, upon conviction, in accordance with
the next succeeding sub-section.
(2) Where a person is convicted of an offence against the last preceding
sub-section, the person is liable to a fine of not less than Forty dollars or
more than Two hundred dollars and, whether or not a fine is imposed on the
person, if the prosecution so requests-
(a) the court shall ask the person whether he is willing to enter forthwith
into a recognizance, to the satisfaction of the court, that he will comply
with the requirements of any notice to attend for examination that is
subsequently served on him under Part III and will, upon attending for
examination, submit himself to examination in accordance with that Part; and
(b) if the person does not forthwith enter into such a recognizance to the
satisfaction of the court, the court shall, whether or not a fine is imposed
on the person, sentence him to imprisonment in respect of the offence for a
period of seven days.
(3) A person who has entered into a recognizance under the last preceding
sub-section but does not comply with a condition specified in the recognizance
is guilty of an offence and, upon conviction, shall be sentenced to
imprisonment for a period of seven days.
(4) If a person who is undergoing imprisonment in pursuance of a sentence
imposed under this section submits to such examination as the Secretary
considers necessary for the purpose of determining the physical or mental
fitness or capacity of the person for service under this Act, the person shall
be forthwith released from prison.
NATIONAL SERVICE ACT 1951 - SECT 49A
Failure to submit to examination
SECT
49A. (1) A person who has attended for examination in accordance with a
notice served on him under Part III but does not submit himself to examination
in accordance with that Part is guilty of an offence punishable, upon
conviction, in accordance with the next succeeding sub-section.
(2) Where a person is convicted of an offence against the last preceding
sub-section, the person is liable to a fine of not less than Forty dollars or
more than Two hundred dollars and, whether or not a fine is imposed on the
person, if the prosecution so requests-
(a) the court shall ask the person whether he is willing to enter forthwith
into a recognizance, to the satisfaction of the court, that he will comply
with the requirements of any notice to attend for examination that is
subsequently served on him under Part III and will, upon attending for
examination, submit himself to examination in accordance with that Part; and
(b) if the person does not forthwith enter into such a recognizance to the
satisfaction of the court, the court shall, whether or not a fine is imposed
on the person, sentence him to imprisonment in respect of the offence for a
period of seven days.
(3) A person who has entered into a recognizance under the last preceding
sub-section but does not comply with a condition specified in the recognizance
is guilty of an offence and, upon conviction, shall be sentenced to
imprisonment for a period of seven days.
(4) If a person who is undergoing imprisonment in pursuance of this section
submits to such examination as the Secretary considers necessary for the
purposes of determining the physical or mental fitness or capacity of the
person for service under this Act, the person shall be forthwith released from
prison.
NATIONAL SERVICE ACT 1951 - SECT 49B
Person not to be punished twice for same act or omission
SECT
49B. A person is not liable to be punished under more than one provision of
the last two preceding sections in respect of the same act or omission.
NATIONAL SERVICE ACT 1951 - SECT 50
Resistance or obstruction
SECT
50. A person shall not resist, obstruct or deceive a Medical Board or a
person who is exercising a power or performing a function under this Act.
Penalty: Two hundred dollars.
NATIONAL SERVICE ACT 1951 - SECT 51
Failure to comply with notice calling person up for service
SECT
51. (1) Where a notice has, whether before or after the commencement of the
National Service Act 1968, been served on a person under section twenty-six of
this Act and the person fails after the commencement of that Act to comply
with the requirements of the notice, the person is guilty of an offence
punishable, upon conviction, in accordance with the next succeeding
sub-section.
(2) Where a person is convicted of an offence against the last preceding
sub-section-
(a) the person is, subject to paragraph (c) of this sub-section, liable to
a fine not exceeding Two hundred dollars;
(b) the court shall, whether or not a fine is imposed on the person, ask
the person whether he is willing to enter forthwith into a recognizance, to
the satisfaction of the court, that he will comply with the requirements of
any notice that is subsequently served on him under section twenty-six of this
Act; and
(c) if the person does not forthwith enter into such a recognizance to the
satisfaction of the court, the court shall sentence him to imprisonment in
respect of the offence for a period equal to the period of service that he is
liable to render under this Act in the Regular Army Supplement but, in that
case, any order of the court imposing a fine on him ceases to have effect.
(3) A person who has entered into a recognizance under the last preceding
sub-section but does not comply with a condition specified in the recognizance
is guilty of an offence and, upon conviction, shall be sentenced to
imprisonment for a period equal to the period of service that he is liable to
render under this Act in the Regular Army Supplement.
(4) An offence against this section is punishable on summary conviction and
not otherwise.
(5) A prosecution for an offence against this section may be commenced at
any time.
NATIONAL SERVICE ACT 1951 - SECT 51A
Failure to render service
SECT
51A. (1) Where a notice has, whether before or after the commencement of the
National Service Act 1968, been served on a person under section twenty-six of
this Act and the person fails, after the commencement of the National Service
Act 1968, to perform duties lawfully required to be performed by him in the
course of rendering the service that he is liable to render under this Act in
the Regular Army Supplement, the person is guilty of an offence and, upon
conviction, shall be sentenced to imprisonment for a period equal to the
period of service that he is so liable to render.
(2) An offence against this section is punishable on summary conviction and
not otherwise.
(3) A prosecution for an offence against this section may be commenced at
any time.
(4) Proceedings under this section shall not be instituted without the
consent in writing of the Minister.
NATIONAL SERVICE ACT 1951 - SECT 51B
Calculation of service for purpose of sentence
SECT
51B. (1) For the purposes of the imposition of a penalty of imprisonment on
a person convicted of an offence against section fifty-one or section
fifty-one A of this Act, the period of service that that person is liable to
render under this Act in the Regular Army Supplement shall be taken to be a
period of eighteen months less the sum of such of the following periods as are
applicable in relation to him:
(a) any period of service rendered by the person in the Permanent Forces;
(b) any period of service rendered by the person that, by reason of
sub-section (4) of section twenty-eight of this Act, is to be taken into
account as service under this Act;
(c) any period of continuous full-time service rendered by the person in
the naval, military or air forces of a country other than Australia.
(2) In calculating, for the purposes of this section, the period of any
service rendered under this Act in the Regular Army Supplement or of any
service referred to in paragraph (b) of the last preceding sub-section,
account shall not be taken of any period of service during which the person
rendering the service was-
(a) absent from duty without leave for a period in excess of twenty-one
days; or
(b) absent from duty on leave without pay for a period in excess of
twenty-one days.
(3) For the purposes of the imposition of a penalty of imprisonment on a
person convicted of an offence against section fifty-one or section fifty-one
A of this Act, a certificate given under the hand of the Secretary, or of a
person to whom the Secretary has delegated his powers and functions under this
sub-section, certifying any matter necessary for the calculation of the period
of service that the convicted person is liable to render under this Act in the
Regular Army Supplement is evidence of that matter.
(4) For the purposes of the last preceding sub-section, a document
purporting to be a certificate referred to in that sub-section shall, unless
the contrary is proved, be deemed to be such a certificate and to have been
duly given.
NATIONAL SERVICE ACT 1951 - SECT 51C
Exclusion of section 4 of Commonwealth Prisoners Act
SECT
51C. Section four of the Commonwealth Prisoners Act 1967 does not apply in
relation to the sentencing of a person to a period of imprisonment for an
offence against section fifty-one or section fifty-one A of this Act.
NATIONAL SERVICE ACT 1951 - SECT 51D
Person sentenced to imprisonment not liable for service
SECT
51D. A person who has, after the commencement of this section, been
sentenced to imprisonment for an offence against section fifty-one or section
fifty-one A of this Act is not liable to render service under this Act.
NATIONAL SERVICE ACT 1951 - SECT 52
Person may be requested to answer questions and furnish information
SECT
52. (1) The Secretary may, by notice in writing served on a person-
(a) require that person to answer, within fourteen days after the service
of the notice, such questions as are specified in the notice and to furnish,
within that period, such information as is required by the notice, being
questions or information relating to a prescribed matter; or
(b) require that person to attend before a person specified in the notice
at the time and place so specified and there to answer such questions, and to
furnish such information, relating to a prescribed matter as the person
specified in the notice puts to him or requires of him.
(2) Where a person is required by a notice served on him under this section
to answer any questions or furnish any information within fourteen days after
service of the notice, the person shall not refuse or fail within that
period-
(a) to answer truthfully those questions; or
(b) to furnish that information if that information is in his possession.
Penalty: Two hundred dollars.
(3) Where a person is required by a notice served on him under this section
to attend at a time and place specified in the notice and there to answer
questions and furnish information, the person shall not refuse or fail-
(a) to attend at that time and place;
(b) to answer truthfully any questions put to him relating to a prescribed
matter; or
(c) to furnish any information in his possession that is required of him
relating to a prescribed matter.
Penalty: Two hundred dollars.
(3A) The following are prescribed matters for the purposes of this section:
(a) the liability of a person to register or render service under this Act;
and
(b) the address of the place of living or employment of a person who the
Secretary has reason to believe is required to register under this Act but has
failed so to register or has failed to comply with the requirements of a
notice served on him under this Act.
(3B) A person is not guilty of an offence against this section for failing
to answer truthfully any question, or failing to furnish any information,
relating to another person if-
(a) the first-mentioned person is a member of the family of the other
person;
(b) the first-mentioned person had, in the opinion of the court before
which he is charged with the offence, reasonable cause, founded upon
compassionate or other grounds, for the failure; or
(c) the first-mentioned person is a minister of religion, a legal
practitioner or a registered medical practitioner and the answering of the
question or the furnishing of the information would require him to reveal a
communication of confidence made to him in the course of his profession.
(3C) In considering for the purposes of paragraph (b) of the last preceding
sub-section whether a person had reasonable cause for failing to answer
truthfully any question, or failing to furnish any information, relating to
another person, a court shall take into account any relationship between those
persons other than a relationship existing by reason of the first-mentioned
person being a member of the family of the other person.
(3D) In this section, "member of the family", in relation to a person,
means-
(a) the wife of the person;
(b) the father, step-father, mother or step-mother of the person or a
guardian of the person or other person standing in loco parentis to the
person; or
(c) a brother, sister, half-brother or half-sister of the person.
(4) If a person objects to answering a question put to him under sub-section
(1) of this section and the person asking the question informs the
first-mentioned person of his obligation under this section to answer the
question, any answer given by the first-mentioned person shall not be
admissible in evidence in any proceedings against him other than proceedings
for an offence against this section.
NATIONAL SERVICE ACT 1951 - SECT 52A
Persons to furnish information
SECT
52A. (1) The Secretary may, by notice in writing served on a person who has
at any time been exempt from liability to render service under this Act by
reason of any employment, condition or status referred to in sub-section (1)
of section twenty-nine of this Act or whose liability to render service has
been deferred under section thirty-one of this Act, require the person, by
writing under his hand, to notify the Registrar specified in the notice of the
occurrence of an event specified in the notice, being an event which relates
to the liability of the person to render service under this Act, and that
person shall, within fourteen days after the occurrence of the event specified
in the notice, notify the Registrar accordingly.
Penalty: One hundred dollars.
(2) A prosecution for an offence against the last preceding sub-section may
be commenced at any time.
NATIONAL SERVICE ACT 1951 - SECT 53
Authorized persons may question person liable to register, or
render service
SECT
53. (1) An authorized person may question a person whom he reasonably
suspects to be a person liable to register or render service under this Act as
to the liability of that person so to register or render service.
(2) A person shall not fail or refuse to answer truthfully any question put
to him under the last preceding sub-section.
(3) If a person objects to answering a question put to him under sub-section
(1) of this section and the authorized person informs the first-mentioned
person of his obligation under this section to answer the question, any answer
given by the first-mentioned person shall not be admissible in evidence in any
proceedings against him other than proceedings for an offence against this
section.
(4) A person to whom a certificate of registration has been issued under
this Act shall, when so required by an authorized person, produce the
certificate to the authorized person.
Penalty: One hundred dollars.
NATIONAL SERVICE ACT 1951 - SECT 54
Parent or guardian hindering or preventing a person from serving
SECT
54. A parent or guardian of a person required to register or render service
under this Act shall not hinder or prevent that person from so doing or from
complying with any other requirement of this Act.
Penalty: Two hundred dollars.
NATIONAL SERVICE ACT 1951 - SECT 54A
Employer not to hinder or prevent employee from serving
SECT
54A. An employer shall not hinder or prevent an employee from registering,
or from rendering service, under this Act, or from complying with any
requirement of this Act.
Penalty: Four hundred dollars.
NATIONAL SERVICE ACT 1951 - SECT 54B
Employer not to penalize employee by reason of service
SECT
54B. (1) An employer shall not penalize or prejudice in his employment an
employee for the reason that the employee is, or may become, liable to render
service under, or to comply with any requirement of, this Act, whether by
reducing his salary or wages, dismissing him from his employment or in any
other way.
(2) In any proceedings for an offence against this section, the burden shall
be upon the employer to prove that an employee proved to have been penalized
or prejudiced in his employment was so penalized or prejudiced for a reason
other than the reason alleged in the charge.
Penalty: Four hundred dollars.
NATIONAL SERVICE ACT 1951 - SECT 54C
Compensation may be paid to employee
SECT
54C. (1) Where an employer is convicted of an offence against the last
preceding section with respect to an employee, the court may order that the
employer shall pay to the employee such compensation as the court thinks
reasonable.
(2) Where a court has made an order under the last preceding sub-section, a
certificate under the hand of the appropriate officer of the court specifying
the amount of the compensation ordered to be paid, the person to whom the
amount is payable and the person by whom the amount is payable may be filed in
a court having civil jurisdiction to the extent of that amount and is
thereupon enforceable in all respects as a final judgment of that court.
NATIONAL SERVICE ACT 1951 - SECT 55
Employers to notify Secretary or Registrar of names and addresses of
employees who have failed to register or to render service
SECT
55. Where at any time an employer has reason to believe that a person
employed by him-
(a) is required to register under this Act but has not registered;
(b) has failed to comply with the requirements of a notice served on him
under section twenty-six of this Act; or
(c) has failed to render the service, or a part of the service, that he is
liable to render under this Act,
the employer shall, before the expiration of seven days after that time or the
expiration of one month after the date of commencement of the National Service
Act 1968, whichever is the later, serve, either personally or by post, on the
Secretary or a Registrar notice in writing of the name of the person, of the
address of the place of living of the person last known to the employer and of
the matter that he has reason so to believe in relation to the person.
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