Commonwealth act

National Service Termination Act 1973

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Act Number

88 of 1973

Collection

act

Plain English Summary

2/10 complexity

This Act ended conscription (national service) in Australia.

The law immediately stops all people from being required to:

Register for national service
Serve in the military under the old National Service Act (including the Regular Army, Reserves, or Citizen Military Forces)
Comply with any other requirements of those laws

When it applies: From 5 December 1972 onwards. This date is retrospective (applying to the past) to cover the period when the Whitlam Government was elected.

The one exception: If someone was already legally committed to serve in the Regular Army Supplement before 5 December 1972, their service after that date still counts as valid under their original contract. This protects the legal rights (like pay and benefits) of people who were already serving when the government changed.

In short, this law abolished the draft system that had operated since 1951.

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Current sections

Direct links to the current provisions in National Service Termination Act 1973.

National Service Termination Act 1973

No. 88 of 1973

AN ACT

To terminate the obligations of persons under the National Service Act 1951-1971, and for purposes related thereto.

[Assented to 21 June 1973]

BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—

Short title.

This Act may be cited as the National Service Termination Act 1973.

Commencement.

This Act shall come into operation on the day on which it receives the Royal Assent.

Definition.

In this Act, “National Service Act” means the National Service Act 1951-1964 or that Act as amended and in force from time to time.

Termination of obligations under National Service Act.

(1) Notwithstanding anything contained in the National Service Act, no person is liable, or shall be deemed to have been liable from and including 5th December, 1972, to register under the National Service Act, to render service under that Act (whether in the Regular Army supplement, the Regular Army Reserve, the Regular Army Emergency Reserve or the Active Citizen Military Forces) or otherwise to comply with any requirement of that Act or of regulations under that Act.

(2) Notwithstanding sub-section (1) of this section, where any person who, before 5th December, 1972, was, by virtue of sub-section 27(1) of the National Service Act, deemed to have been engaged to serve in the Regular Army Supplement, any service by him on or after that date in the Regular Army Supplement shall be deemed to have been served under that engagement unless it is served under an engagement entered into on or after that date.

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Source text

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

1 National Service Termination Act 1973

National Service Termination Act 1973

No. 88 of 1973

AN ACT

To terminate the obligations of persons under the National Service Act 1951-1971, and for purposes related thereto.

[Assented to 21 June 1973]

BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—

Short title.

This Act may be cited as the National Service Termination Act 1973.

Commencement.

This Act shall come into operation on the day on which it receives the Royal Assent.

Definition.

In this Act, “National Service Act” means the National Service Act 1951-1964 or that Act as amended and in force from time to time.

Termination of obligations under National Service Act.

(1) Notwithstanding anything contained in the National Service Act, no person is liable, or shall be deemed to have been liable from and including 5th December, 1972, to register under the National Service Act, to render service under that Act (whether in the Regular Army supplement, the Regular Army Reserve, the Regular Army Emergency Reserve or the Active Citizen Military Forces) or otherwise to comply with any requirement of that Act or of regulations under that Act.

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