STATUTORY RULES.

1939. No. 160.

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REGULATIONS UNDER THE DEFENCE ACT 1903-1939.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903-1939.

Dated this thirtieth day of November, 1939.

GOWRIE

Governor-General.

By His Excellency’s Command,

ROBERT G. MENZIES

Minister of State for Defence Co-ordination.

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Amendment of the Australian Military Regulations.†

Definitions.

1. Regulation 3 of the Australian Military Regulations is amended—

(a) by inserting, after the definition of “Air Force”, the following definition:—

“ ‘Area Officer’ means an officer appointed by a general officer commanding a command or by a district commandant to be an area officer.”; and

(b) by inserting, after the definition of “Commanding Officer”, the following definition:—

“ ‘Commonwealth officer’ means any person holding office under the Commonwealth, and includes any person permanently or temporarily employed in the Public Service of the Commonwealth or in or in connexion with the Defence Force.”.

2. Before regulation 141 of the Australian Military Regulations the following regulations are inserted:—

Prescribed service.

140a.—(1.) Every person called upon in pursuance of D.A.60 to enlist and serve in the Citizen Forces shall, notwithstanding any claim to exemption, attend for medical examination at such times and places as are specified in a notice issued in accordance with this regulation, in respect of the area in which he resides, and give such information as an officer may require, and shall, unless exempt from service, enlist for the service prescribed by this regulation.

* Notified in the Commonwealth Gazette on 30th November, 1939.

† Statutory Rules, 1927, No. 149, as amended by Statutory Rules, 1928, Nos. 23, 28, and 126; 1929, No. 123; 1930, Nos. 26, 67 and 92; 1931, No. 13; 1932, Nos. 80, 87 and 125; 1933, Nos. 49 and 77; 1934, Nos. 26 and 80; 1935, Nos. 99 and 109; 1936, Nos. 21, 44 and 100; 1937, No. 45; 1938, Nos. 75, 90 and 98; and 1939, Nos. 31, 51, 58, 115, 123 and 134.

7175.—Price 3d.

(2.) Every such person shall, after enlistment, if so required by notice issued in accordance with this regulation—

(a) undergo training, from time to time, at camps of continuous training; and

(b) serve within the Commonwealth during the time of war as a member of the Citizen Forces.

(3.) Every notice required to be issued in accordance with this regulation shall be issued by the area officer of the area to which it relates and shall be—

(a) exhibited at a post office or other place authorized by the Military Board within the area;

(b) published in one or more newspapers circulating within the area; or

(c) delivered by hand to, or posted to the last known place of abode of, the person to whom it relates.

Allotment.

140b. Every person called upon to enlist and serve in the Citizen Forces in pursuance of D.A.60 shall, upon enlistment, be allotted to the several arms and corps in such manner as is determined by the Military Board, and shall serve for such period as he is required until lawfully discharged, dismissed or removed.

Applications for exemption.

140c.—(1.) Any person who, having been called upon in pursuance of D.A.60 to enlist and serve in time of war, considers himself to be exempt from such service, may apply to an area officer for a certificate of exemption.

(2.) An area officer shall issue a certificate of exemption, in accordance with the form authorized by the Military Board, to any person in his area who is, in the opinion of the area officer, exempt from such service.

(3.) Where an area officer refuses to issue a certificate of exemption to a person who makes application to him in accordance with sub-regulation (1.) of this regulation, that person may, within seven days after the refusal of the area officer is communicated to him, apply for exemption to a court of summary jurisdiction in the area in which he resides.

(4.) An application for exemption to a court of summary jurisdiction shall be in writing and signed by the applicant and shall set forth—

(a) the name of the applicant in full and his address and occupation;

(b) the date of the application to the area officer for a certificate of exemption;

(c) the name of the area officer to whom the application was made;

(d) the name or number of the area in which the application was made; and

(e) the grounds of the application,

and shall be delivered to the clerk or other proper officer of the court.

(5) Any court of summary jurisdiction constituted of a police, stipendiary or special magistrate may decide applications for exemption from service in time of war.

(6.) An officer, but not more than one, shall be entitled to appear as a party to every application which is heard by a court of summary jurisdiction in pursuance of this regulation.

(7.) At least three clear days before the hearing of an application by a court of summary jurisdiction, the clerk or other proper officer of that court shall notify the applicant, and the area officer who has refused the exemption, of the time and place fixed for hearing the application.

(8.) The decision of the court shall forthwith be communicated by the clerk of the court, in accordance with the form determined by the Military Board, to the applicant and to the officer, if any, who appeared as a party to the application.

140d. A person to whom a certificate of exemption has been issued in accordance with the last preceding regulation shall—

(a) produce the certificate on demand by any Commonwealth officer, or any member of the Police Force of the Commonwealth or of a State or Territory of the Commonwealth; and

(b) upon the cessation of the employment, condition or status on which the exemption is based, surrender the certificate to an area officer.”.

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