NATIONAL SERVICE (DISCHARGE OF TRAINEES).
No. 28 of 1960.
An Act to make Provision for the Discharge of National Service Trainees.
[Assented to 26th May, 1960.]
BE it enacted by the Queen’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 National Service (Discharge of Trainees) Act 1960.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Application of Act.
3. This Act applies to any person who, immediately before the date of commencement of this Act, was, by virtue of the National Service Act 1951-1957 or the National Service Act 1957, a member of a part of the Citizen Forces.
Discharge of trainees for purpose of voluntary enlistment.
4.—(1.) A person to whom this Act applies may, before the thirtieth day of June, One thousand nine hundred and sixty, offer himself for voluntary service in the Citizen Naval Forces, the Citizen Military Forces or the Citizen Air Force, and be enlisted accordingly.
(2.) Where a person is voluntarily enlisted in accordance with the last preceding sub-section, he shall be deemed to have been, immediately before that enlistment, discharged from the part of the Citizen Forces of which he was, immediately before that enlistment, a member.
Discharge of other trainees on 30th June, 1960.
5. A person to whom this Act applies who continues up to and including the thirtieth day of June, One thousand nine hundred and sixty, to be, by virtue of an Act referred to in section three of this Act, a member of a part of the Citizen Forces, shall be deemed to be discharged from that part of those Forces on that date.
Overview
The National Service (Discharge of Trainees) Act 1960 was enacted by the Commonwealth Parliament to address the need for the orderly discharge of National Service trainees from the Citizen Forces. This Act was necessitated by the requirement to transition National Service trainees into voluntary service or to release them from their obligations under the National Service Acts of 1951-1957 and 1957. The policy objective, as indicated in the Act, was to facilitate the transition of these individuals into voluntary military service or to formally discharge them from the Citizen Forces by a specified date. The Act applies to individuals who were members of the Citizen Forces immediately before its commencement on 26th May 1960. It provides provisions for the voluntary enlistment of trainees in the Citizen Naval Forces, the Citizen Military Forces, or the Citizen Air Force before 30th June 1960, and mandates the discharge of all other trainees by that date.
Scope and Application
The National Service (Discharge of Trainees) Act 1960 applies to individuals who were members of the Citizen Forces immediately before the commencement of the Act, as defined by the National Service Act 1951-1957 or the National Service Act 1957. These individuals, who were part of the Citizen Naval Forces, the Citizen Military Forces, or the Citizen Air Force, are the primary subjects of this legislation. The Act provides specific provisions for the discharge of these trainees, particularly in relation to their status and potential voluntary enlistment in other forces. The Act's jurisdiction is nationwide, reflecting its application across the Commonwealth of Australia. There are no stated exclusions or exemptions within the primary text of the Act, though it is noted that the application of the Act can be extended or restricted through subordinate instruments, which may provide further clarification or conditions. The Act is designed to ensure that the specified individuals are discharged from their current service obligations by 30 June 1960, with provisions for voluntary enlistment in other citizen forces before this date.
Key Provisions
The National Service (Discharge of Trainees) Act 1960 (sections 4 and 5) provides specific provisions for the discharge of individuals who were previously members of the Citizen Forces under the National Service Acts of 1951-1957 or 1957. Under section 4(1), any person who was a member of the Citizen Forces immediately before the commencement of this Act can offer themselves for voluntary enlistment in the Citizen Naval Forces, the Citizen Military Forces, or the Citizen Air Force before the thirtieth day of June, 1960, and be enlisted accordingly. Such an individual will be deemed to have been discharged from their previous part of the Citizen Forces immediately before this enlistment (section 4(2)). Additionally, any person who remains a member of the Citizen Forces up to and including the thirtieth day of June, 1960, is automatically deemed to be discharged from that part of the Forces on that date (section 5).
The Act imposes specific obligations on the individuals who were members of the Citizen Forces and on the relevant military authorities. The individuals must adhere to the timeline set forth in the Act, either by offering themselves for voluntary enlistment by the specified date or by being automatically discharged if they remain in service up to and including the thirtieth day of June, 1960. The military authorities are required to process these enlistments or discharges in accordance with the provisions of the Act.
There are no explicit offences, penalties, or consequences outlined in the Act for breaches of its provisions. The Act focuses primarily on the administrative process of discharging or enlisting individuals and does not detail specific sanctions for non-compliance with its terms. However, any failure to adhere to the specified procedures for enlistment or discharge might result in administrative or service-related consequences, though these are not explicitly detailed within the text of the Act itself.