Federal Register of Legislation - Australian Government

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National Service Act (No. 2) 1957

Authoritative Version
Act No. 40 of 1957 as made
An Act to amend section forty-six of the National Service Act 1951-1953, as amended by the National Service Act 1957. and for purposes connected therewith.
Date of Assent 12 Sep 1957
Date of repeal 30 Jun 1992
Repealed by Defence Legislation Amendment Act 1992

NATIONAL SERVICE (No. 2).

 

No. 40 of 1957.

An Act to amend section forty-six of the National Service Act 1951–1953, as amended by the National Service Act 1957, and for purposes connected therewith.

[Assented to 12th September, 1957.]

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 and citation.

1.—(1.)  This Act may be cited as the National Service Act (No. 2) 1957.

(2.)  The National Service Act 1951–1953, as amended by the National Service Act 1957, is in this Act referred to as the Principal Act.

(3.)  Section one of the National Service Act 1957 is amended by omitting sub-section (3.).

(4.)  The Principal Act, as amended by this Act, may be cited as the National Service Act 1951–1957.

Commencement.

2.  This Act shall be deemed to have come into operation on the twelfth day of June, One thousand nine hundred and fifty-seven.

Application of section 19 of the National Service Act 1957.

3.  Notwithstanding anything contained in section two of the National Service Act 1957, section nineteen of that Act shall be deemed not to have come into operation.

Contracts of apprenticeship.

4.  Section forty-six of the Principal Act is amended by omitting sub-section (3.) and inserting in its stead the following sub-sections:—

“(3.)    A period during which a contract of apprenticeship is or has been suspended under sub-section (1.) of this section shall, except to such extent as the Minister otherwise directs, be deemed to be or to have been a period of employment under the contract for the purpose of determining the date on which the person employed under the contract shall be deemed to have completed the period of employment under the contract.


 

“(4.)  Subject to the last preceding sub-section, and except to such extent as the Minister otherwise directs, a period during which a contract of apprenticeship is or has been suspended under sub-section (1.) of this section shall not, except for the purposes of section forty-two of this Act, be deemed to be or to have been a period of employment under the contract.”.

Transitional provisions.

5.—(1.)     Section forty-six of the Principal Act as amended by this Act applies to and in relation to a contract of apprenticeship under which a person was employed immediately before, or is employed on or after, the date referred to in section two of this Act.

(2.)    Where the date on which a person would, but for this sub-section, be deemed to have completed the period of his employment under a contract of apprenticeship in relation to which section forty-six of the Principal Act as amended by this Act applies is a date before the date referred to in section two of this Act, the person shall be deemed to have completed the period of his employment under the contract on the date referred to in section two of this Act.