National Service Regulations (Amendment)

Legislation au C1951L00156 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1951. No. 156.

 

REGULATIONS UNDER THE NATIONAL SERVICE ACT 1951*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Service Act 1951.

Dated this sixth day of December, 1951.

(Sgd.) J. NORTHCOTT

Administrator.

By His Excellency’s Command,

Minister of State for Labour and National Service.

 

Amendments of the National Service Regulations.†

Manner of making application.

1. Regulation 40 of the National Service Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulations :—

“ (2.) The application shall be posted or delivered so as to reach the District Employment Officer not later than—

(a) where the applicant has, before the commencement of this sub-regulation, been notified under regulation 20 of these regulations that he is fit for service—fourteen days after that commencement ;

(b) where the applicant is, after the commencement of this sub-regulation, notified under regulation 20 of these Regulations that he is fit for service—fourteen days after the date on which he receives, or, is deemed to have received, the notification ; or

(c) where the applicant is a person whose liability to render service under the Act has been deferred under sub-section (4.) of section 31 of the Act—fourteen days before the expiration of the period for which his liability to render service has been deferred.

“ (3.) A registered person who claims that the rendering of service under the Act by him would impose exceptional hardship upon him or upon his parents or dependants and that—

(a) the grounds upon which his claim is based had not come into existence at the time within, or before, which, under the last preceding sub-regulation, his application was required to be posted or delivered;  or

 

* Notified in the Commonwealth Gazette on    , 1951.

† Statutory Rules 1951, No. 32.

5579.—Price 3d.        10/27.11.1951.


(b) an application under this Part could not reasonably have been posted or delivered within, or before, that time,

may make application in accordance with Form 12 for deferment under sub-section (4.) of section 31 of his liability to render service under the Act.

“ (4.) The matters on which the applicant relies to support his application shall be set out in full in the form of application and, where the application is made under the last preceding sub-regulation, the applicant shall furnish in that form a statement showing that—

(a) the grounds upon which his claim is based had not come into existence at the time within which, or before which, his application was required under sub-regulation (2.) of this regulation to be posted or delivered ; or

(b) the application could not reasonably have been posted or delivered within, or before, that time.”.

Reference of application to Court.

2. Regulation 41 of the National Service Regulations is amended—

(a) by omitting all the words after the words “ before the Court ”; and

(b) by adding at the end thereof the following sub-regulation :—

“ (2.) The clerk of the court shall give to the District Employment Officer and the applicant not less than—

(a) in the case of an application made within, or before, the time specified in sub-regulation (2.) of regulation 40 of these Regulations—seven days’ notice of the date, time and place fixed for the hearing of the application ; or

(b) in the case of an application made in accordance with sub-regulation (3.) of that regulation—three days’ notice of the date, time and place fixed for the hearing of the application.”.

3. After regulation 50 of the National Service Regulations, the following regulations are inserted :—

Notification of place of living on return to Australia.

“ 51. When a person who leaves Australia with the written permission of the Secretary under section 56 of the Act returns to Australia, that person shall, within fourteen days after he returns, insert the address of his place of living in the space provided for that purpose in the written permission and deliver the written permission to, or post it addressed to, the Registrar at the National Service Registration Office from which it was issued.

Penalty : Ten pounds.

Failure to leave Australia after permission has been granted.

“ 52. A person who has received the written permission of the Secretary to leave Australia and does not leave Australia prior to the date specified in the permission shall, immediately after that date, deliver it to, or post it addressed to, the Registrar at the National Service Registration Office from which it was issued.

Penalty : Ten pounds.”.

The Schedule, Form 12.

4. The Schedule to the National Service Regulations is amended by omitting from Form 12 the word “ great ” and inserting in its stead the word “ exceptional ”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1951, No. 156, are regulations made under the National Service Act 1951, which was enacted to address the need for a national military reserve force in the post-World War II era. This legislative instrument was introduced by the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, with the policy objective of regulating the application process for national service, including the timelines for submission and the procedures for deferrals due to exceptional hardship. These regulations also address the notification requirements for individuals returning to Australia after having left with permission and the penalties for failing to adhere to the stipulated timelines.

Scope and Application

The Statutory Rules 1951 No. 156, Regulations under the National Service Act 1951, pertains to the amendment of existing regulations to accommodate changes in application processes and notification requirements for individuals subject to the National Service Act 1951. This Act applies to individuals who are liable to render national service, encompassing both those who have been notified of their fitness for service and those whose liability has been deferred. The Regulations primarily focus on procedural amendments, including the timeframes and methods for submitting applications for deferment, the notice periods for court hearings, and the requirement for individuals who leave Australia with permission to update their place of residence upon return. The amendments extend to the Commonwealth of Australia, as the Act and its regulations are a federal matter. There are no stated exclusions or exemptions within these regulations, although certain provisions might be subject to further clarification or exceptions through subordinate instruments or judicial interpretation.

Key Provisions

The key provisions of the Statutory Rules 1951, No. 156, which are the Regulations under the National Service Act 1951, involve amendments to the manner in which applications are to be made and the timeframes for these applications. Regulation 40(2) specifies that an application must reach the District Employment Officer within certain timeframes depending on when the applicant is notified of their fitness for service, or if their service liability has been deferred. Regulation 40(3) allows a registered person to apply for a deferment if the rendering of service would cause exceptional hardship to themselves or their dependents, provided the grounds for this hardship did not exist or the application could not reasonably have been made within the specified timeframe. Regulation 40(4) mandates that all matters relied upon in support of the application be fully set out in the application form. These Regulations impose specific obligations on applicants. Firstly, applicants must ensure that their application reaches the District Employment Officer within the specified deadlines, which vary depending on the circumstances of the applicant's notification of fitness for service or deferment of service liability. If an applicant qualifies under Regulation 40(3), they must provide a detailed statement explaining why the exceptional hardship grounds did not exist or could not be reasonably communicated within the specified timeframe. Furthermore, applicants who have left Australia with written permission under section 56 of the Act must notify the Registrar of their return address within 14 days of returning to Australia, as stipulated in Regulation 51. Breaches of these Regulations result in specific penalties. For instance, failure to submit an application within the prescribed timeframes, as outlined in Regulation 40, could result in the applicant being ineligible for consideration of their deferment request. Non-compliance with Regulation 51, which requires notifying the Registrar of a return address within 14 days, carries a penalty of ten pounds. Similarly, Regulation 52 imposes a ten-pound penalty for failing to leave Australia by the date specified in the written permission granted under section 56 of the Act. These penalties underscore the importance of adhering to the timelines and obligations set forth in the Regulations.

Legal classification tags

Area of Law
National Security Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Penalty Provisions

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.