DEFENCE.
No. 15 of 1911.
An Act to amend Sections one hundred and twenty-seven, one hundred and thirty-four, one hundred and thirty-five, and one hundred and forty-two of the Defence Act 1903–1910.
[Assented to 22nd December, 1911.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Defence Act 1911.
(2.) The Defence Act 1903–1910 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Defence Act 1903–1911.
Amendment of section 127.
2. Section one hundred and twenty-seven of the Principal Act is amended—
(a) by inserting, between the first proviso and the second proviso, a new proviso as follows:—
“Provided also that in the Senior Cadets the duration of a whole-day drill shall not be less than four hours, of a half-day drill not less than two hours, and of a night drill not less than one hour”;
(b) by inserting in the second proviso, after the words “Provided also that,” the words “in the Citizen Forces”:
(c) by omitting from the third proviso the words “seventy-two,” and inserting in their stead the words “sixty-four”; and
(d) by inserting, at the end of the section, new provisos as follow:—
“Provided also that the Minister may, by Gazette notice, declare that whole-day drills or half-day drills may be substituted for night drills in any districts, or localities specified in the notice.
“Provided also that in the case of Senior Cadets, who reside over two miles from the place appointed for training, attendance for a less number of hours than prescribed above may be allowed to count as prescribed for the full statutory duration of drills, and power may be given to the prescribed officers to grant leave of absence from training required by this Act when the conditions of the weather, by reason of
excessive rain or heat, would render attendance a hardship, and equivalent attendance as prescribed may be required in lieu thereof.”
Amendment of section 134.
3. Section one hundred and thirty-four of the Principal Act is amended—
(a) by inserting in sub-section (1.) after the words “Citizen Forces” the words “and no parent or guardian shall prevent any son or ward who is so serving or liable to serve”;
(b) by omitting from sub-section (1.) the words “or in any way penalize or attempt to penalize,” and inserting in their stead the words “and no employer shall in any way penalize or prejudice in his employment or attempt to penalize or prejudice in his employment”; and
(c) by inserting in sub-section (2.) after the word “penalized,” wherever that word occurs, the words “or prejudiced in his employment.”
Amendment of section 135.
4. Section one hundred and thirty-five of the Principal Act is amended by omitting the proviso to sub-section (1.) thereof.
Amendment of section 142.
5. Section one hundred and forty-two of the Principal Act is amended by adding thereto the following sub-section:—
“(2.) Any proceedings for an offence against this section may be instituted at any time within two years after the commission of the offence.”