10Interpretation

##### 10 Interpretation (1) In this Division, unless the contrary intention appears: > employer includes the Crown (whether in right of the Commonwealth or of a State) and any authority constituted by or under the law of the Commonwealth or of a State or Territory. > essential work means, in relation to any person who has rendered war service, work which is, in the opinion of the Minister, more important, in the national interest, than the work which the person would perform if he were reinstated in employment in accordance with this Division. > former employer means, in relation to a person who is rendering or has rendered war service, the employer by whom that person was employed for not less than twenty-eight days out of the fifty-six days immediately preceding the date upon which he volunteered for war service or received a notice requiring him to perform war service, and includes any person for the time being: (a) carrying on an undertaking or service in which the first-mentioned person was so employed; or (b) carrying on an undertaking or service with which that undertaking or service has been amalgamated or in which it was comprised during those fifty-six days. > Reinstatement Committee means a Reinstatement Committee appointed, or deemed to have been appointed, under this Division. (1A) Except as provided in the next succeeding subsection, where a person has (whether before or after the commencement of this subsection) completed more than one period of war service, the first period of war service shall, for the purposes of this Division, be deemed to have continued without interruption until the completion of the last period of war service. (1B) The provisions of the last preceding subsection shall not apply in relation to any two periods of war service completed by a person where: (a) the interval between the two periods of war service exceeds twelve weeks, unless during that interval that person applied to be reinstated in employment in accordance with this Division or in accordance with the National Security (Reinstatement in Civil Employment) Regulations and: (i) he had not been so reinstated and his application had not ceased to have effect at the date on which he commenced the later period of war service; or (ii) he had been so reinstated but had been employed by his former employer for less than twenty-eight days out of the fifty-six days immediately preceding the date upon which he received a notice requiring him to perform a further period of war service; or (b) the earlier of those periods of war service was terminated in the manner and for the purpose specified in paragraph (b) of subsection (3) of this section and, prior to the date upon which he received a notice requiring him to perform the later period of war service, he had failed or had ceased to engage in essential work, unless a Reinstatement Committee, on application by the person, determines that he had reasonable cause for failing or ceasing to engage in that work. (2) Subject to the next succeeding subsection, a person shall be deemed for the purposes of this Division to have completed a period of war service upon the termination of that service for any cause whatsoever. (3) Where: (a) any person has completed a period of war service and engages in essential work either: (i) within one month after completing that service; (ii) after having applied to be reinstated in employment in accordance with this Division or in accordance with the National Security (Reinstatement in Civil Employment) Regulations and not having been so reinstated; or (iii) after having been so reinstated in employment and not having left that employment except to engage in essential work; the Minister, in his discretion, may; and (b) the war service of any person has, on the recommendation of the Director-General of Man Power or of a Deputy Director-General of Man Power, or of a person thereto authorized by the Director-General of Man Power or by a Deputy Director-General of Man Power, been terminated after the twentieth day of December, One thousand nine hundred and forty-four, for the purpose of enabling that person to engage in essential work, the Minister shall; notify the former employer (if any) in writing that the rights of the person to reinstatement in employment are reserved, and thereupon the person shall be deemed not to have completed a period of war service until such time as: (c) he receives from the Minister a statement in writing that his services are no longer required for essential work; or (d) His Majesty ceases to be engaged in all the wars in which His Majesty was engaged at the date of commencement of this Division; whichever first happens. (4) Any notification or statement under the last preceding subsection may be given to a former employer or a person by serving it upon him personally or by sending it to him by post in a letter addressed to his place of abode or business last known to the Minister, and, if it is sent by post, the former employer or the person shall, unless the contrary is proved, be deemed to have been notified or to have received the statement at the time at which the letter would be delivered in the ordinary course of post.