National Service Act (No. 2) 1957

Overview

The National Service Act (No. 2) 1957 was enacted to amend section forty-six of the National Service Act 1951–1953, addressing issues related to the employment of apprentices under the National Service Scheme. This Act was introduced to clarify the treatment of apprenticeship contracts during periods of suspension, ensuring that such suspensions are appropriately accounted for in determining the completion dates of apprenticeships. Enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, the policy objective of the Act is to provide a more precise legal framework for the administration of apprenticeships within the context of the National Service Scheme. The Act specifically modifies the treatment of suspended apprenticeship contracts by deeming such periods as employment under the contract for most purposes, while also providing exceptions for certain calculations. This amendment aims to provide clarity and consistency in the application of the National Service Act to apprentices, ensuring that their service periods are accurately reflected in their employment contracts.

Scope and Application

The National Service Act (No. 2) 1957 amends the National Service Act 1951–1953, specifically addressing the application of section nineteen of the Act and modifying the conditions under which contracts of apprenticeship are suspended. The Act applies to any contract of apprenticeship where a person was employed immediately before, or is employed on or after, the date the Act came into operation. The amendment ensures that periods during which a contract of apprenticeship is suspended are deemed to be periods of employment for certain purposes, while also clarifying that such periods are not deemed to be employment periods for other purposes unless directed otherwise by the Minister. This legislation has a national jurisdictional reach as it pertains to Commonwealth law. There are no stated exclusions or exemptions in the Act itself; however, the application and interpretation of its provisions may be further defined through subordinate instruments or ministerial directions.

Key Provisions

The main operative sections of the National Service Act (No. 2) 1957 (Act) pertain to the amendments of the National Service Act 1951–1953, as amended by the National Service Act 1957. Specifically, section 4 of the Act revises section forty-six of the Principal Act by modifying the sub-sections related to contracts of apprenticeship. The revised sub-section (3) stipulates that a period during which an apprenticeship contract is suspended shall be deemed to be a period of employment, except to the extent directed otherwise by the Minister (s. 4(3)). The revised sub-section (4) states that such a suspended period shall not be deemed to be a period of employment, except for the purposes of section forty-two of the Principal Act (s. 4(4)). The Act imposes obligations on the parties involved in apprenticeship contracts. It mandates that suspended periods of apprenticeship contracts are to be treated as employment periods for certain purposes, such as determining the completion date of the contract, unless otherwise directed by the Minister. Additionally, it specifies that these suspended periods are not to be considered employment periods for other purposes, except as outlined in section forty-two of the Principal Act. Breach of the provisions outlined in the Act may result in civil or criminal consequences. While the Act does not explicitly state the penalties for non-compliance, the legal context suggests that breaches could lead to civil liabilities for the parties involved, or potentially criminal charges if the breach is severe enough to warrant such action. The exact penalties would depend on the specific nature of the breach and the jurisdiction under which it is prosecuted.