Commonwealth legislation

National Service (Committal to Custody) Regulations

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Act Number

114 of 1965

Collection

legislative instrument

Plain English Summary

2/10 complexity

What this does: These regulations set out who can order national servicemen (conscripts) into military detention and where they can be held under the National Service Act.

Who has the power: Two types of military officers can legally commit a national serviceman to custody:

An officer acting as Deputy Assistant Adjutant-General at a Command headquarters; and
The commanding officer of a military unit where national servicemen are currently serving.

Where they can be held: The regulations specify four types of military detention facilities (as defined in the Australian Military Regulations):

Detention barracks
Military corrective establishments
Officially appointed places of detention
Barrack detention rooms

Why it matters: During the era of compulsory military service (national service), these rules ensured that only specific, senior military personnel could legally order a conscript into detention, and that such detention could only occur in designated military facilities—not civilian prisons.

JSON API

Deep dive

Want the full deep dive?

Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.

Current sections

Direct links to the current provisions in National Service (Committal to Custody) Regulations.

National Service (Committal to Custody) Regulations

STATUTORY RULES

1965 No. 114

REGULATIONS UNDER THE NATIONAL SERVICE ACT 1951-1965.*

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 1951-1965.

Dated this tenth day of August, 1965.

HENRY ABEL SMITH

Administrator.

By His Excellency’s Command,

WILLIAM McMAHON

Minister of State for Labour and National Service.

National Service (Committal to Custody) Regulations

Citation.

1. These Regulations may be cited as the National Service (Committal to Custody) Regulations.

Repeal.

2. The National Service (Committal to Custody) Regulations (being Statutory Rules 1957, No. 28) are repealed.

Definition.

In these Regulations, “the Act” means the National Service Act 1951-1965.

Prescribed authorities.

For the purposes of section 51 of the Act—

(a) an officer for the time being performing the duties of Deputy Assistant Adjutant-General at the headquarters of a Command; and

(b) the commanding officer of a unit of the Military Forces in which national servicemen are rendering service under the Act,

is a prescribed authority.

Prescribed places.

5. For the purposes of section 51 of the Act—

(a) a detention barrack appointed under regulation 359 of the Australian Military Regulations;

(b) a military corrective establishment appointed under that regulation;

* Notified in the Commonwealth Gazette on 19 August, 1965.

6961/65.—Price 6d. 10/23.6.1965.

(c) an appointed place of detention specified in sub-regulation (1.) of regulation 360 of the Australian Military Regulations; and

(d) a barrack detention room as defined in sub-regulation (2.) of that regulation,

is a prescribed place.

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 National Service (Committal to Custody) Regulations

STATUTORY RULES

1965 No. 114

REGULATIONS UNDER THE NATIONAL SERVICE ACT 1951-1965.*

Dated this tenth day of August, 1965.

HENRY ABEL SMITH

Administrator.

By His Excellency’s Command,

WILLIAM McMAHON

Minister of State for Labour and National Service.

National Service (Committal to Custody) Regulations

Citation.

1. These Regulations may be cited as the National Service (Committal to Custody) Regulations.

Repeal.

2. The National Service (Committal to Custody) Regulations (being Statutory Rules 1957, No. 28) are repealed.

Definition.

In these Regulations, “the Act” means the National Service Act 1951-1965.

Prescribed authorities.

For the purposes of section 51 of the Act—

(a) an officer for the time being performing the duties of Deputy Assistant Adjutant-General at the headquarters of a Command; and

(b) the commanding officer of a unit of the Military Forces in which national servicemen are rendering service under the Act,

is a prescribed authority.

Prescribed places.

5. For the purposes of section 51 of the Act—

(a) a detention barrack appointed under regulation 359 of the Australian Military Regulations;

(b) a military corrective establishment appointed under that regulation;

* Notified in the Commonwealth Gazette on 19 August, 1965.

6961/65.—Price 6d. 10/23.6.1965.

(c) an appointed place of detention specified in sub-regulation (1.) of regulation 360 of the Australian Military Regulations; and

(d) a barrack detention room as defined in sub-regulation (2.) of that regulation,

is a prescribed place.

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra