DEFENCE (CITIZEN MILITARY FORCES).
No. 2 of 1943.
An Act to authorize the Service of Members of the Citizen Military Forces in the Southwestern Pacific Zone for the duration of the present war.
[Assented to 19th February, 1943.]
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.
1. This Act may be cited as the Defence (Citizen Military Forces) Act 1943.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Definition.
3. In this Act “the South-Western Pacific Zone” means the area bounded on the West by the one hundred and tenth meridian of East longitude, on the North by the Equator and on the East by the one hundred and fifty-ninth meridian of East longitude.
Limits of service.
4. Notwithstanding anything contained in the Defence Act 1903-1941 or in the National Security Act 1939-1940, any member of the Citizen Military Forces may be required to serve in such area contained in the South-Western Pacific Zone as is specified by proclamation, and the power to make regulations in pursuance of those Acts, or either of them, shall extend to the making of regulations in relation to any such member so required to serve in that area, and to the service of the member in that area.
Duration of Act.
5. This Act shall continue in force until the expiration of six months after Australia ceases to be engaged in hostilities in the present war, and no longer.
Overview
The Defence (Citizen Military Forces) Act 1943 was enacted to address the immediate need for military personnel in the South-Western Pacific Zone during the ongoing war. The Act was passed by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, and it came into operation upon receiving Royal Assent on 19th February 1943. It specifically authorises the service of members of the Citizen Military Forces in the South-Western Pacific Zone, a region defined by the Act as bounded on the West by the one hundred and tenth meridian of East longitude, on the North by the Equator, and on the East by the one hundred and fifty-ninth meridian of East longitude. This legislation allows for the deployment of military personnel in specified areas within the South-Western Pacific Zone, superseding previous restrictions under the Defence Act 1903-1941 and the National Security Act 1939-1940. The Act will remain in force until six months after Australia ceases to be engaged in hostilities in the present war.
Scope and Application
The Defence (Citizen Military Forces) Act 1943 applies to members of the Citizen Military Forces, allowing them to be required to serve within the specified South-Western Pacific Zone for the duration of the war, which was defined by the Act as an area bounded on the West by the 110th meridian of East longitude, on the North by the Equator, and on the East by the 159th meridian of East longitude. The Act overrides the Defence Act 1903-1941 and the National Security Act 1939-1940 to facilitate the service of these members and also extends to the making of regulations in relation to any member required to serve in that area. The Act came into operation on the day it received Royal Assent and continued in force until six months after Australia ceased to be engaged in hostilities in the present war. The Act's geographic reach is limited to the South-Western Pacific Zone, and it does not specify any exclusions, exemptions, or thresholds. Subordinate instruments may extend or restrict the application of the Act.
Key Provisions
The Defence (Citizen Military Forces) Act 1943 primarily aims to enable the deployment of Citizen Military Forces members in the South-Western Pacific Zone for the duration of the war (section 1). The Act came into effect immediately upon receiving Royal Assent (section 2). The term "South-Western Pacific Zone" is defined as the area bounded by specific meridians of longitude (section 3). This Act allows for the requirement of Citizen Military Forces members to serve in the specified South-Western Pacific area, as determined by a proclamation, overriding certain provisions of the Defence Act 1903-1941 and the National Security Act 1939-1940 (section 4). The Act will remain in force until six months after Australia ceases to be engaged in hostilities in the war (section 5).
The Act imposes several obligations and requirements on the parties it governs. It mandates that members of the Citizen Military Forces can be required to serve in the South-Western Pacific Zone as specified by proclamation. Furthermore, the Act extends the regulatory powers under the Defence Act 1903-1941 and the National Security Act 1939-1940 to include regulations related to these members and their service in the specified area. This means that the authorities can establish specific rules and guidelines concerning the deployment, duties, and conditions of service for Citizen Military Forces members in the South-Western Pacific Zone.
Breaches of the provisions of this Act may lead to various civil and criminal consequences. However, the specific offences, penalties, and consequences are not detailed in the provided text. Generally, failure to comply with the requirements of an Act can result in legal action, including fines and imprisonment, depending on the nature and severity of the breach. For detailed information on penalties, one would need to refer to the relevant sections of the Defence Act 1903-1941 and the National Security Act 1939-1940, as well as any regulations made under them.