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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 ninth day of January, 1941.
GOWRIE
Governor-General.
By His Excellency’s Command,
ROBERT G. MENZIES
Minister of State for the Army.
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Amendments of the Australian Military Regulations.†
Enrolment of persons liable to serve in the Citizen Forces in time of war.
1. The Australian Military Regulations are amended by inserting after regulation 141 the following regulation:—
“141a.—(1.) Subject to sub-regulation (2.) of this regulation, the Military Board may, by notices issued from time to time in accordance with this regulation, require persons liable to serve in the Citizen Forces in time of war to enrol in the Reserve Forces.
(2.) The following persons shall be exempt from enrolment under this regulation so long as the employment, condition or status on which the exemption is based continues:—
(a) Persons enlisted in, or appointed to the Defence Force; and
(b) Persons temporarily absent from Australia; and
(c) Members and officers of the Parliament of the Commonwealth or of a State; and
(d) Judges of Federal or State Courts, and police, stipendiary or special magistrates of the Commonwealth or of a State.
* Notified in the Commonwealth Gazette on 16th January, 1941.
† 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; 1939, Nos. 31, 51, 58, 118, 134, 160 and 173; and 1940, Nos. 2, 16, 29, 59, 150. 183, 184, 185, 186, 199, 237, 272 and 273.
(3.) A notice issued by the Military Board in accordance with this regulation shall be—
(a) exhibited at a Post Office or other place authorized by the Military Board; or
(b) published in one or more daily newspapers circulating in each State or Territory of the Commonwealth in which persons affected by the notice reside; or
(c) delivered by hand to, or posted to the last known place of abode of, the person to whom it relates.
(4.) Every person who is required to enrol in accordance with a notice issued under this regulation shall enrol within thirty days after the issue of the notice.
(5.) Any person who, at the time when any notice is issued requiring persons to enrol in accordance with this regulation, is not within the terms of that notice, or is exempt from enrolment under this regulation and who subsequently comes within the terms of that notice or ceases to be so exempt from enrolment, shall enrol in the Reserve Forces within thirty days after coming within the terms of that notice or ceasing to be exempt from enrolment, as the case may be, unless that notice has previously been revoked by the Military Board.
(6.) Enrolment under this regulation shall be effected by filling in an enrolment form in accordance with Form M.3a in Appendix IIIA. to these Regulations and sending it by post, or delivering it, to the area officer of the area in which the person enrolling resides or to the nearest area officer or delivering it to a postmaster.
(7.) Copies of the enrolment form prescribed by this regulation shall be supplied by each area officer to every postmaster in his area, and every such postmaster shall on application issue an enrolment form to any person liable to enrol, and shall, within fourteen days after receiving a completed enrolment form, send it to the area officer. Every postmaster, when he needs enrolment forms to enable him to comply with this regulation, shall apply to the area officer for them.
(8.) Any person who, after he has enrolled in accordance with this regulation—
(a) changes his address; or
(b) becomes or ceases to be engaged in any employment specified by the Regulations or Proclamation pursuant to the provisions of paragraph (i) of sub-section (1) of section 61 of the D.A.; or
(c) becomes or ceases to be liable for service in the Citizen Forces by reason of employment in any industry or occupation specified in any order made pursuant to the provisions of any regulations made under the National Security Act 1939-1940; or
(d) marries,
shall, within fourteen days of the happening of any of those events, notify the full particulars thereof to the area officer of the area in which he is residing or to the nearest area officer.
(9.) Any person who fails to enrol or to notify any change of address, or any change of employment, industry, occupation, or marital state, in accordance with this regulation shall be guilty of an offence and shall be liable to a penalty of not more than Twenty pounds or imprisonment for a period not exceeding three months.
(10.) If an area officer has reason to believe that any person is liable to be enrolled under this regulation and has not been so enrolled, he may serve personally or by post on that person a notice calling on him to furnish, within thirty days after service of the notice, answers to specified questions for the purpose of ascertaining the particulars set out in the enrolment form prescribed by this regulation.
(11.) If, within thirty days after service of the notice mentioned in sub-regulation (10.) of this regulation, the person served does not furnish answers to the questions specified in the notice, and the area officer, upon consideration of the best information available, is of opinion that that person is liable to be enrolled, he may enrol the person and serve notice of the enrolment upon him personally, or by post, and, unless within fourteen days after service of the notice of enrolment the person shows to the satisfaction of the area officer that the particulars entered on the enrolment form by the area officer are not correct, and furnishes correct particulars, the enrolment and the particulars so entered shall be conclusive as against the person enrolled.”.
Form of Enrolment.
2. Appendix IIIA. to the Australian Military Regulations is amended by inserting after Form M.3 the following Form:—
Commonwealth of Australia.
M.3a.
Defence Act 1903-1939—Part IV.
ENROLMENT FORM FOR MILITARY SERVICE.
Personal Information.
Name of Person Surname (block letters)
to be Enrolled. Other Names (in full)
Date of Birth day of , 19 .
Town and Country of Birth
Nationality
Postal Address of Place of Abode
, State
(Any subsequent Change of Address should be at once notified to the Area Officer of the Area in which enrolled.)
Full particulars of any previous Naval, Military or Air Force Service
Marital Condition (married, single, or widower)
(Persons subsequently marrying should at once notify the Area Officer of the Area in which they are enrolled.)
Dependants (if any)
Information Regarding Employment.
(Any subsequent change from or to a Reserved Occupation should be notified at once to the Area Officer of the Area in which enrolled.)
Trade (and Grade, if any)
Present Occupation
Initials and Name of Employer
Postal Address of Employer
Information Regarding Next of Kin.
Name of Next Surname (block Letters)
of Kin Other Names (in full)
Nationality
Relationship to Person to be Enrolled
Occupation
Postal Address of Place of Abode
If exemption from military service is claimed, state the reason below:—
Certificate.
I certify that to the best of my knowledge and belief, the foregoing statements are true in every respect.
Dated / /19 .
(Signature of Person making the Enrolment.)
If you have any preference for any Service, arm or unit, state same.
(No guarantee can be given that allotment will be made to the Service, arm, or unit desired, but individual preferences will be considered, where possible.)
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.