National Service Regulations (Amendment) (Cth)

STATUTORY RULES.

1953. No. 48.

—————

REGULATIONS UNDER THE NATIONAL SERVICE ACT 1951-1953.*

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 National Service Act 1951-1953.

Dated this fourteenth day of May, 1953.

Governor-General.

By His Excellency’s Command,

Minister of State for Labour and National Service.

————

AMENDMENTS OF THE NATIONAL SERVICE REGULATIONS. 

Parts.

1. Regulation 2 of the National Service Regulations is amended by omitting the words—

“Part VI.—Conscientious Objectors (Regulations 31-38)”

and inserting in their stead the words—

“Part VI.—Conscientious Objectors (Regulations 31-38a)”.

Interpretation.

2. Regulation 3 of the National Service Regulations is amended by omitting the definition of “registered person” and inserting in its stead the following definition:—

“‘registered person’ means a person who is registered under the Act and—

(a) has not commenced the service specified in section 33 of the Act; and

(b) has not attained the age—

• (i)

   of twenty-six years; or

(ii) in the case of a person included in the class of persons prescribed by regulation 21 of these Regulations—the age of thirty years;”.

Lost, destroyed and defaced certificates.

3. Regulation 14 of the National Service Regulations is amended—

(a) by omitting sub-regulation (1.) and inserting in its stead the following sub-regulations:—

“(1.) When a certificate of registration is lost, destroyed or defaced, the person responsible for the custody of the certificate shall forthwith notify the fact to the Registrar at the National Service Registration Office from which it was issued or to the District

 

* Notified in the Commonwealth Gazette on , 1953.

  Statutory Rules 1951, No. 32; as amended by Statutory Rules 1951, No. 156.

1751.—Price 8D. 12/6.5.1953.

 

Employment Officer at the District Employment Office specified in the certificate.

Penalty: Ten pounds.

“(1A.) The Registrar or District Employment Officer may require a person who gives a notification in accordance with the last preceding sub-regulation—

(a) to make a declaration as to the circumstances of the loss, destruction or defacement; and

(b) to fill in and sign an application in a form approved by the Secretary for the issue of a duplicate certificate of registration.”;

(b) by inserting in sub-regulation (2.) after the word “sub-regulation,” the words “the Registrar or”;

(c) by inserting in sub-regulation (3.) after the word “Unless” the words “the Registrar or”; and

(d) by inserting in sub-regulation (4.) after the word “returned” the words “to the Registrar or”.

Surrender of certificate by person not called up for service.

4. Regulation 16 of the National Service Regulations is amended by inserting after the word “registration” the words “to the Registrar at the National Service Registration Office from which it was issued or”.

Death of registered person.

5. Regulation 17 of the National Service Regulations is amended by inserting after the word “certificate” (second occurring) the words “to the Registrar at the National Service Registration Office from which it was issued or”.

Service outside Australia.

6. Regulation 22 of the National Service Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) A person may Volunteer for service beyond the limits of Australia by posting or delivering a signed statement in accordance with Form 3 to the Registrar at the National Service Registration Office from which his certificate of registration was issued or to the District Employment Officer at the District Employment Office specified in the certificate.”.

Prescribed physical or mental disabilities.

7. Regulation 23 of the National Service Regulations is amended—

(a) by omitting paragraph (e) and inserting in its stead the following paragraph:—

“(e) subject to a physical or mental disability in respect of which he is in receipt of an invalid pension under the Social Services Consolidation Act 1947-1952 (whether in respect of defective vision or otherwise) or a pension under sub-section (4.) of section 39 of the Repatriation Act 1920-1952;” and

(b) by omitting paragraph (g) and inserting in its stead the following paragraph:—

“(g)suffering from tuberculosis for which he is undergoing treatment in a hospital or sanitarium or in respect of which an allowance is being paid under section 9 of the Tuberculosis Act 1948,”.

 

8. Regulation 25 of the National Service Regulations is repealed and the following regulation inserted in its stead:—

Application for certificate of exemption.

“25. A person who considers himself to be exempt from liability to render service under the Act by virtue of section 29 of the Act and—

(a) being a registered person who has been informed in writing by the Secretary that he is not, in the opinion of the Secretary, exempt from liability to render that service or has been served with a notice requiring him to submit himself for medical examination under section 19 of the Act; or

(b) being a person who has commenced that service, has been informed by his Commanding Officer that he is not, in the opinion of the Commanding Officer, exempt from liability to render that service,

may make an application for a certificate of exemption.”.

Manner of making application.

9. Regulation 26 of the National Service Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) An application for a certificate of exemption shall be in accordance with Form 4 and shall be posted or delivered—

(a) if the applicant is a registered person—to the Registrar at the National Service Registration Office from which his certificate of registration was issued; or

(b) if the applicant is a person who has commenced to render service under the Act—to his Commanding Officer.”.

10. Regulation 27 of the National Service Regulations is repealed and the following regulation inserted in its stead:—

Reference to court.

“27.—(1.) On receipt of an application under this Part, the Commanding Officer shall forward it to the Registrar at the National Service Registration Office for the State or Territory in which the applicant resides.

“(2.) On receipt of an application under this Part, the Registrar shall forward it to the clerk of a competent court of summary jurisdiction who shall arrange for the application to be set down for hearing by the court.

“(3.) The clerk of the court shall give to the Registrar and to the applicant not less than seven days’ notice in writing in accordance with Form 5 of the date, time and place fixed for the hearing of the application.”.

Grant of certificate of exemption.

11. Regulation 28 of the National Service Regulations is amended by omitting from sub-regulation (2.) the words “District Employment Officer” and inserting in their stead the word “Registrar”.

Signature on, production and surrender of, certificate of exemption.

12. Regulation 29 of the National Service Regulations is amended by omitting paragraph (c) and inserting in its stead the following paragraph:—

“(c) upon the cessation of the employment, condition or status on which the exemption is based, furnish notification in writing of the fact to the Registrar at the National Service Registration Office from which his certificate of registration was issued or, if he is a person who has commenced to render service under the Act, to his Commanding Officer and surrender his certificate of exemption to the Registrar or his Commanding Officer.”.

 

Notice of dismissal of application.

13. Regulation 30 of the National Service Regulations is amended by omitting the words “District Employment Officer” and inserting in their stead the word “Registrar”.

14. Regulation 31 of the National Service Regulations is repealed and the following regulation inserted in its stead:—

Application for exemption on conscientious grounds.

“31. If a person claims—

(a)that he holds conscientious beliefs which do not allow him to engage in any form of naval, military or air force service; or

(b) that he holds conscientious beliefs which do not allow him to engage in naval, military or air force duties of a combatant nature but allow him to engage in naval, military or air force duties of a non-combatant nature,

he may make application for an order directing that he be registered as a person—

(c) who is exempt from liability to render service under the Act; or

(d) who is not required to engage in duties of a combatant nature.”.

Manner of making application.

15. Regulation 32 of the National Service Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) An application under this Part shall be in accordance with Form 7 and shall be posted or delivered—

(a) if the applicant is a registered person—to the Registrar at the National Service Registration Office from which his certificate of registration was issued; or

(b) if the applicant is a person who has commenced to render service under the Act—to his Commanding Officer.”.

16. Regulation 33 of the National Service Regulations is repealed and the following regulation inserted in its stead:—

Reference of application to court.

“33.—(1.) Upon receipt of an application made under this Part, the Commanding Officer shall forward it to the Registrar at the National Service Registration Office for the State or Territory in which the applicant resides.

“(2.) Upon receipt of an application made under this Part, the Registrar shall forward it to the clerk of a competent court of summary jurisdiction who shall arrange for the application to be set down for hearing by the court.

“(3.) The clerk of the court shall give to the Registrar and to the applicant not less than seven days’ notice in writing in accordance with Form 8 of the date, time and place fixed for the hearing.”.

Order of the court.

17. Regulation 34 of the National Service Regulations is amended—

(a) by omitting paragraphs (a) and (b)and inserting in their stead the following paragraphs:—

“(a) to engage in any form of naval, military or air force service; or

“(b) to engage in naval, military or air force duties of a combatant nature but allow him to engage in naval, military or air force duties of a non-combatant nature,”; and

 

(b) by omitting from paragraph (d) the words “liable to be called up for service under the Act but to be employed only in duties of a non-combatant nature,” and inserting in their stead the words “ who is required to engage in duties of a non-combatant nature only,”.

Copy of the Order to be forwarded to applicant and Registrar.

18. Regulation 36 of the National Service Regulations is amended by omitting the words “District Employment Officer” and inserting in their stead the word “Registrar”.

Signature on, production and surrender of, Order.

19. Regulation 38 of the National Service Regulations is amended by omitting paragraph (c) and inserting in its stead the following paragraph:—

“(c) if he ceases to hold the conscientious belief on which the order was made, furnish notification in writing of the fact to the Registrar at the National Service Registration Office from which his certificate of registration was issued or, if he is a person who has commenced to render service, to his Commanding Officer, and surrender the copy of the order to the Registrar or to his Commanding Officer.”.

20. After regulation 38 of the National Service Regulations the following Regulation is inserted in Part VI.:—

Appeals under section 29c.

“38A.—(1.) An appeal under section 29C of the Act shall be instituted by filing with the Registrar or other proper officer of a court of review a notice of appeal which shall—

(a) in the case of an appeal by a person other than the Minister—be in accordance with Form 11A; or

(b) in the case of an appeal by the Minister—be in accordance with Form 11B.

“(2.) The appeal shall be set down for hearing at the first sittings of the court of review commencing after the expiration of fourteen days after the date on which the notice of appeal is filed.

“(3.) The appellant shall, within seven days after the filing of the notice of appeal, cause a copy of the notice of appeal to be served on the clerk of the court of summary jurisdiction from the decision of which the appeal has been made and—

(a) in the case of an appeal by a person other than the Minister—on the Registrar at the National Service Registration Office in the State or Territory of the Commonwealth in which the appellant resides; or

(b) in the case of an appeal by the Minister—on the person who made the application to the court of summary jurisdiction.

“(4.) If the respondent intends to appear on the hearing of the appeal, he shall, within seven days after the service of the notice of appeal, file in the court of review a notice of intention to appear on the hearing of the appeal which shall be in accordance with Form 11C.

“(5.) The respondent shall cause a copy of the notice to be served on the appellant.

“(6.) The appellant shall within three days before the commencement of the sittings at which the appeal is set down for hearing file

 

with the Registrar or other proper officer of the court of review a copy of—

(a) the application made to the court of summary jurisdiction;

(b) the evidence given on the hearing of the application; and

(c) the decision of the court of summary jurisdiction and the reasons for the decision.

“(7.) Except as provided by this regulation, the practice and procedure of the court of review with respect to civil actions apply to and in relation to appeals under section 29C of the Act in so far as they are applicable.”.

Manner of making application.

21. Regulation 40 of the National Service Regulations is amended—

(a) by inserting in sub-regulation (1.), after the word “application”, the words “to the Registrar at the National Service Registration Office from which his certificate of registration was issued or”; and

(b) by inserting in sub-regulation (2.), after the words “to reach the”, the words “Registrar or”.

Reference of application to court.

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

(a) by omitting sub-regulation (1.) and inserting in its stead the following sub-regulations:—

“(1.) On receipt of an application made under this Part, the District Employment Officer shall—

(a) forward the application to the Registrar at the National Service Registration Office for the State or Territory in which the applicant resides; or

(b) if the Registrar so directs, forward the application to the clerk of a competent court of summary jurisdiction.

“(1A.) If an application is forwarded to the Registrar, the Registrar shall forward the application to the clerk of a competent court of summary jurisdiction.

“(1B.) The clerk of the court to whom an application is forwarded shall arrange for the application to be set down for hearing.”; and

(b) by omitting from sub-regulation (2.) the words “District Employment Officer” and inserting in their stead the words “Registrar or District Employment Officer from whom he received the application”.

Order of the court.

23. Regulation 43 of the National Service Regulations is amended—

(a) by inserting in sub-regulation (2.), after the words “District Employment Officer”, the words “or the Registrar”; and

(b) by inserting in sub-regulation (3.), after the words “District Employment Officer”, the words “or the Registrar”.

Signature on, production and surrender of, Order.

24. Regulation 44 of the National Service Regulations is amended by omitting paragraph (c) and inserting in its stead the following paragraph:—

“(c) upon the cessation of the ground upon which the order was made forward notification of the fact to the Registrar at the National Service Registration Office from which his certificate of registration was issued and surrender the copy of the order to the Registrar.”.

 

Fees and allowances.

25. Regulation 45 of the National Service Regulations is amended by adding at the end thereof the following sub-regulation:—

“(2.) Notwithstanding the provisions of paragraph (a) of the last preceding sub-regulation, the fee payable to members of Medical Boards and to medical practitioners shall be One pound one shilling if only one person is examined and One pound eleven shillings and six pence if only two persons are examined.”.

Exempt persons may request that they be called up for service.

26. Regulation 46 of the National Service Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—

“(2.) A request under this Regulation shall be in writing addressed to the Secretary and shall be posted or delivered to the Registrar at the National Service Registration Office from which the person’s certificate of registration was issued or, if the person is exempt from liability to register under the Act, to the Registrar at the National Service Registration Office for the State or Territory in which he resides.”.

Representation.

27. Regulation 47 of the National Service Regulations is amended by inserting after the words “under these regulations” the words “or an appeal under section 29C of the Act”.

Fees and costs.

28. Regulation 48 of the National Service Regulations is amended—

(a) by omitting the words “or proceedings”; and

(b) by inserting in sub-regulation (2.), after the word “under”, the words “the Act or”.

Time within which questions are to be answered.

29. After regulation 52 of the National Service Regulations the following regulation is inserted:—

“53. Where the Secretary has required a person to answer a question or to furnish information by a notice in writing under section 52 of the Act, that person shall answer the question or furnish the information within fourteen days after service of the notice.

Penalty: Ten pounds.”.

The Schedule.

30. The Schedule to the National Service Regulations is amended—

(a) by omitting from Form 4 the words—

“To the District Employment Officer,”

and inserting in their stead—

“To the Registrar at the National Service Registration Office at ,

or

To the Commanding Officer of ,”;

(b) by omitting from Form 5 the words “District Employment Officer” and inserting in their stead the word “Registrar”;

(c) by omitting from Form 7 the words—

“To the District Employment Officer,”

and inserting in their stead the words—

“To the Registrar at the National Service Registration Office at ,

or

To the Commanding Officer of ,”;

(d) by omitting from Form 8 the words “District Employment Officer” and inserting in their stead the word “Registrar”;

 

(e) by inserting after Form 11 the following Forms:—

“Form 11A.

Regulation 38A (1.)

NOTICE OF APPEAL.

In the Court

In the matter of the National Service Act 1951-1953.

And in the Matter of an Appeal between

Appellant.

and

The Minister of State for Labour and National Service.

Respondent.

I, of , hereby give notice of appeal to the Court at at the sittings commencing on the day of 19 , against the decision of the court of summary jurisdiction at given on the day of , 19 , on an application made by me under section 29A of the National Service Act 1951-1953.

The grounds of appeal are—

 

My address for service of all notices, orders or proceedings in this appeal is

Dated this day of , 19 .

Appellant or Solicitor for the Appellant.

“Form 11B.

Regulation 38A (1).

NOTICE OF APPEAL.

In the Court

In the matter of the National Service Act 1951-1953.

And in the Matter of an Appeal between

The Minister of State for Labour and National Service.

Appellant.

and

Respondent.

I hereby give notice of appeal to the Court at the sittings commencing on the day of , 19 , against the decision of the court of summary jurisdiction at given on the day of , 19 , on an application made by the abovenamed under section 29A of the National Service Act 1951-1953.

The grounds of appeal are—

My address for service of all notices, orders or proceedings in this appeal is

Dated this day of  , 19 .

Minister of State for Labour and National Service or Solicitor for the Minister.

 

“Form 11C.

Regulation 38A (4.).

NOTICE OF INTENTION TO APPEAR ON THE HEARING OF AN APPEAL.

(Title of Appeal.)

Take Notice that I intend to appear on the hearing of this appeal.

My address for service of all notices, orders or proceedings in the appeal is

Dated this day of , 19 .

Respondent or Solicitor for the Respondent.”.

(f) by omitting from Form 12 the words—

“To the District Employment Officer,”

and inserting in their stead the words—

“To the Registrar at the National Service Registration Office at

or

To the District Employment Officer,”; and

(g) by omitting from Form 13 the words—

“To the District Employment Officer,”

and inserting in their stead the words—

“To the Registrar at the National Service Registration Office at

or

To the District Employment Officer,”.

 

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