National Service Regulations (Amendment) (Cth)

STATUTORY RULES.

1951. No. 156.

 

REGULATIONS UNDER THE NATIONAL SERVICE ACT 1951*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Service Act 1951.

Dated this sixth day of December, 1951.

(Sgd.) J. NORTHCOTT

Administrator.

By His Excellency’s Command,

Minister of State for Labour and National Service.

 

Amendments of the National Service Regulations.

Manner of making application.

1. Regulation 40 of the National Service Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulations :—

“ (2.) The application shall be posted or delivered so as to reach the District Employment Officer not later than—

(a) where the applicant has, before the commencement of this sub-regulation, been notified under regulation 20 of these regulations that he is fit for service—fourteen days after that commencement ;

(b) where the applicant is, after the commencement of this sub-regulation, notified under regulation 20 of these Regulations that he is fit for service—fourteen days after the date on which he receives, or, is deemed to have received, the notification ; or

(c) where the applicant is a person whose liability to render service under the Act has been deferred under sub-section (4.) of section 31 of the Act—fourteen days before the expiration of the period for which his liability to render service has been deferred.

“ (3.) A registered person who claims that the rendering of service under the Act by him would impose exceptional hardship upon him or upon his parents or dependants and that—

(a) the grounds upon which his claim is based had not come into existence at the time within, or before, which, under the last preceding sub-regulation, his application was required to be posted or delivered;  or

 

* Notified in the Commonwealth Gazette on , 1951.

  Statutory Rules 1951, No. 32.

5579.—Price 3d. 10/27.11.1951.

(b) an application under this Part could not reasonably have been posted or delivered within, or before, that time,

may make application in accordance with Form 12 for deferment under sub-section (4.) of section 31 of his liability to render service under the Act.

“ (4.) The matters on which the applicant relies to support his application shall be set out in full in the form of application and, where the application is made under the last preceding sub-regulation, the applicant shall furnish in that form a statement showing that—

(a) the grounds upon which his claim is based had not come into existence at the time within which, or before which, his application was required under sub-regulation (2.) of this regulation to be posted or delivered ; or

(b) the application could not reasonably have been posted or delivered within, or before, that time.”.

Reference of application to Court.

2. Regulation 41 of the National Service Regulations is amended—

(a) by omitting all the words after the words “ before the Court ”; and

(b) by adding at the end thereof the following sub-regulation :—

“ (2.) The clerk of the court shall give to the District Employment Officer and the applicant not less than—

(a) in the case of an application made within, or before, the time specified in sub-regulation (2.) of regulation 40 of these Regulations—seven days’ notice of the date, time and place fixed for the hearing of the application ; or

(b) in the case of an application made in accordance with sub-regulation (3.) of that regulation—three days’ notice of the date, time and place fixed for the hearing of the application.”.

3. After regulation 50 of the National Service Regulations, the following regulations are inserted :—

Notification of place of living on return to Australia.

“ 51. When a person who leaves Australia with the written permission of the Secretary under section 56 of the Act returns to Australia, that person shall, within fourteen days after he returns, insert the address of his place of living in the space provided for that purpose in the written permission and deliver the written permission to, or post it addressed to, the Registrar at the National Service Registration Office from which it was issued.

Penalty: Ten pounds.

Failure to leave Australia after permission has been granted.

“ 52. A person who has received the written permission of the Secretary to leave Australia and does not leave Australia prior to the date specified in the permission shall, immediately after that date, deliver it to, or post it addressed to, the Registrar at the National Service Registration Office from which it was issued.

Penalty: Ten pounds.”.

The Schedule, Form 12.

4. The Schedule to the National Service Regulations is amended by omitting from Form 12 the word “ great ” and inserting in its stead the word “ exceptional ”.

 

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