War Service Regulations 1916 (Amendment) (Cth)

STATUTORY RULES

1916. No. 285.

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REGULATIONS UNDER THE DEFENCE ACT 1903-1915 AND THE WAR PRECAUTIONS ACT 1914-1916.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the within Regulations under the Defence Act 1903-1915 and the War Precautions Act 1914-1916 to come into operation forthwith.

Dated this tenth day of November, One thousand nine hundred and sixteen.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

G. F. PEARCE,

Minister of State for Defence.

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War Service Regulations 1916.

Amendments.

1. After Regulation 11 of the War Service Regulations the following Regulation is inserted:—

Person to serve forthwith if application refused.

“11a. (1) Where a Local Exemption Court has refused to grant a certificate of exemption to a person, he shall forthwith be liable to render military service.

(2) The lodging of an appeal against the decision of a Local Exemption Court refusing to grant a certificate of exemption shall not exempt a person from the liability to forthwith render military service.”

2. Regulation 13b of the War Service Regulations is omitted and the following Regulation inserted in its stead:—

Proof of certain matters.

“13b. In any proceedings against a person for failure to enlist when required by the Defence Act so to do, the averments of the prosecutor contained in the information or complaint that the defendant on the second day of October One thousand nine hundred and sixteen

(a) was a male inhabitant of Australia;

(b)was not exempt from service in the Defence Force;

(c) had resided in Australia for six months;

(d) was a British subject;

(e) was of the age of twenty-one years and upwards, but under the age of thirty-five years;

(f) was unmarried or was a widower without children shall be deemed to be proved in the absence of proof to the contrary.”

  

C.14999.—Price 3d.

 

3. After Regulation 13b the following Regulation is inserted:—

Service by post.

13c. The service of a notice authorized by these Regulations to be served by post shall, unless the contrary intention appears, be deemed to be effected by addressing the same to the person’s last known place of abode and properly prepaying and posting the notice as a letter, and, unless the contrary is proved, shall be deemed to have been effected at the time at which the letter would be delivered; in the ordinary course of post.”

4. Regulation 35 of the War Service Regulations is amended—

(a) by omitting from paragraph (e) of Sub-Regulation (1) the words “prior to the second day of October One thousand nine hundred and sixteen” and inserting in their stead the words “in the Australian Imperial Force or in any Naval or Military unit of His Majesty’s Forces or of the Forces of an allied power on active service beyond the limits of the Commonwealth”;

(b) by adding in paragraph (f) of Sub-Regulation (1) after the word “sole” the words “or main”;

(c) by adding in Sub-Regulation (1a) after the words “only son” the words “or a sole remaining son”;

(d)by adding at the end thereof the following Sub-Regulation:—

“(4) Where on any application for the grant of a certificate of exemption on the ground referred to in paragraph (f) of Sub-Regulation (1) of this Regulation, the Court is satisfied that the applicant, notwithstanding that he is the sole or main support of any of the persons referred to in that paragraph, could, if required to render military service, contribute to the support of those persons an amount not less than that which he at present contributes to their support, or an amount sufficient for their reasonable support, the Court shall refuse to grant a certificate of exemption”, and

(e) by inserting after Sub-Regulation (1a) the following Sub-Regulation:—

“(1b). The Minister for Defence may by notice published in the Gazette exempt from military service for such period or periods and subject to such conditions as he thinks fit persons engaged in any employment specified by him.”

5. Regulation 36 of the War Service Regulations is amended:—

(a)by omitting from Sub-Regulation (1) the words and figures “prior to the 2nd day of October 1916” (wherever they occur) and inserting in their stead the words “in the Australian Imperial Force or in any Naval or Military unit of His Majesty’s Forces or the Forces of an allied power on active service beyond the limits of the Commonwealth”; and

(b) by omitting Sub-Regulation (2) and inserting in its stead the following Sub-Regulation:—

“(2) where an application is made under Sub-Regulation (1) of this Regulation, all the sons affected by the application shall furnish to the Chief Registrar such information as he requires”.

6. Regulation 54 of the War Service Regulations is amended by adding thereto the following paragraph:—

“or (e) That the certificate was obtained by fraud or misrepresentation”.

7. Regulation 58 of the War Service Regulations is amended by omitting Sub-Regulation (2) thereof and inserting in its stead the following Sub-Regulation:—

“(2) The Supreme Court and the County or District Courts of a State shall be District Appeal Courts for the Military District corresponding to the State, and the jurisdiction of the Courts shall be exercisable by a single Judge.

8. Sub-Regulation (1) of Regulation 60 of the War Service Regulations is amended by omitting the words “a District Appeal Court” and inserting in their stead the words “the nearest District Appeal Court”.

Further medical examination where desirable.

9. After Regulation 78 of the War Service Regulations, the following Regulation is inserted:-—

“78a (1) Where it appears to a Military Registrar that it is desirable that a person, to whom a medical certificate of unfitness has been granted by a medical referee board, should be required to undergo a further medical examination by a medical referee board, the Military Registrar may serve on him by post a notice requiring him to attend at a time and place specified in the notice before a Medical Referee Board for further medical examination.

(2) The person to whom the notice was posted shall attend at the time and place specified in the notice and shall submit to a further medical examination by the Medical Referee Board and shall produce to the Board his medical certificate of unfitness.

(3) If the Board is satisfied after the further medical examination that the person is fit for military service, it shall retain the medical certificate of unfitness and shall enter on his attestation papers that upon a further medical examination the Board finds that he is fit for military service.

(4) If the Board is satisfied that the person is unfit for military service it shall return the medical certificate of unfitness to him.

(5) A person on whom notice is served in accordance with Sub-Regulation (1) of this Regulation and who fails to attend at the time and place specified in the notice shall be guilty of an offence:

Penalty: Twenty pounds or imprisonment for three months”.

10. After Regulation 86 of the War Service Regulations the following Regulation is inserted:—

Notification where holder of certificate changes employment.

“86a (1) Where a certificate of exemption has been granted to a person, an employer by whom that person is employed shall, forthwith on the person ceasing to be in his employ, notify the Military Registrar of the Sub-District in which the person resides that he has ceased to be in his employ.

“(2) An employer who engages as an employee a person to whom a certificate of exemption has been granted shall forthwith notify the Military Registrar of the Sub-District in which that person resides that he has engaged that person as an employee.

“(3) Any person who fails to comply with the provisions of Sub-Regulation (1) or (2) or this Regulation shall be guilty of an offence.

Penalty: Twenty pounds or imprisonment for three months”.

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Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.