REGULATIONS UNDER THE DEFENCE ACT 1903-1915, AND THE WAR PRECAUTIONS ACT 1914-1916.
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 1903-1915 and the War Precautions Act 1914-1916 to come into operation on the second day of October, 1916.
Dated this twenty-ninth day of September, 1916.
R. M. FERGUSON,
Governor-General.
By His Excellency’s command,
G. F. PEARCE,
Minister of State for Defence.
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WAR SERVICE REGULATIONS 1916.
PART I.—PRELIMINARY.
Short title.
These Regulations may be cited as the War Service Regulations 1916.
These Regulations are divided into parts as follows:—
Part I.—Preliminary.
Part II.—Organization.
Part III.—Administration.
Part IV.—Exemption Courts.
Division 1.—Constitution of Local Exemption Courts.
Division 2.—Initial Procedure and Generally.
Division 3.—Application for certificates of exemption made by or in respect of men on grounds set forth in Section 61 of the Defence Act or on grounds of expediency or domestic financial obligations.
Division 4.—Application for certificates of exemption by or in respect of ordinary occupations.
Division 5.—Applications for withdrawal or variation of individual certificates of exemption.
Division 6.—Appeal Courts.
Division 7.—Returned and discharged soldiers.
Part V.—Medical examination.
Part VI.—Offences.
Part VII.—Miscellaneous.
Definitions.
In these Regulations unless the contrary intention appears—
“The Defence Act” means the Defence Act 1903-1915 and any Act amending the same or substituted therefor.
C.12323.—Price 8d.
“The War Precautions Act” means the War Precautions Act 1914-1916 and any Act amending the same or substituted therefor.
“Military Representative” means a military officer or other person appointed by a District Commandant to represent the Department of Defence at the hearing of exemption cases before Exemption Courts.
“War service notice” means any notice or advertisement relating in any manner to a Proclamation made by the Governor-General under section 60 of the Defence Act or to these Regulations, and approved by the Military Board.
PART II.—ORGANIZATION.
Military Sub-Districts.
(1) The Military Districts of Australia are divided into Military Sub-Districts as set forth in the Schedule to these Regulations.
(2) For the purposes of these Regulations the Northern Territory of Australia shall be deemed to be a part of the First Military District.
(3) A Military Sub-District may be divided into such Divisions as the District Commandant thinks necessary.
Military Registrars.
(1) In each Military District there shall be a Chief Registrar appointed to the District Head-Quarters Staff.
(2) In each Military Sub-District there shall be a Military Officer appointed by the District Commandant as the Military Registrar.
(3) Assistant Military Registrars may be appointed for such Divisions of a Sub-District as, in the opinion of the District Commandant may be necessary.
(4) An Assistant Military Registrar of a Division of a Sub-District shall, subject to the directions of the Military Registrar of the Sub-District, have in that Division all the powers of a Military Registrar.
PART III.—ADMINISTRATION.
Persons liable for enlistment to attend at proclaimed place.
(1) Upon the issue of a Proclamation by the Governor-General under Section 60 of the Defence Act calling upon a class of persons to enlist and serve, all persons liable for enlistment under that Proclamation shall attend at such times and places as may be notified by the military registrar or assistant military registrar of a sub-district by notices exhibited at Post-offices and other authorized places or by notice in the public press or by notice posted to the person’s last known place of abode.
(2) All persons so attending for enlistment shall give such information as may be required and shall submit to the medical examination authorized by the Military Board.
Every person who is liable for enlistment and service under a proclamation made by the Governor-General under Section 60 of the Defence Act shall, unless exempted under these Regulations, render continuous military service within the limits of the Commonwealth and any Territory within the Commonwealth during the continuance of the present war and shall be allotted to the several arms and corps in such manner as may be authorized by the District Commandant for such period as they may be required until lawfully discharged, dismissed, or removed.
Public Officers to furnish information.
All officers in the service of the Commonwealth and of any State and all officers in the service of any local governing body are authorized and required to furnish to a military registrar all such information as is required relative to the liability for military service of any person liable to serve.
Failure to attend at proclaimed time and place.
(1) If a military registrar or assistant military registrar has reason to believe that any person who is liable to enlist has failed to attend at the time and place appointed and notified by a military registrar or assistant military registrar he may send to that person a notice addressed to his last known place of abode, requiring that person to appear before him at such time and place as he may direct.
(2) Any person liable to enlist who, having received a notice referred to in sub-regulation (1) of this regulation, fails to attend at the time and place directed by the military registrar or assistant military registrar shall be guilty of an offence.
Penalty: Imprisonment for six months.
(3) Where a person liable to enlist has been sent a notice referred to in sub-regulation (1) of this regulation, and has failed to attend in accordance with the notice, a military registrar or assistant military registrar may, by writing under his hand, authorize any member of the Defence Force or of the police force of a State to arrest him and convey him to such training centre or depôt as he directs.
Persons not yet attained 21.
(1) Any person who is liable to enlist and serve under a proclamation made by the Governor-General under Section 60 of the Defence Act but has not yet attained the age of twenty-one years shall not be called upon to serve until he has attained that age.
(2) Every person who has been enlisted but has not been called upon to serve shall notify the military registrar or the assistant military registrar of the Sub-District in which he was enlisted of any change of address within three days of changing his address.
Penalty: Five pounds.
(3) The address so notified shall be deemed to be that person’s place of abode for the purpose of these Regulations.
(4) Every person referred to in sub-regulation (1) of this regulation shall immediately on attaining the age of twenty-one years, report for service to the Military Registrar of the sub-district in which he resides.
Exemption from service pending hearing of application for exemption.
Any person—
(a) who claims to be entitled to exemption from service under the provisions of Section 61 of the Defence Act, or
(b) who claims to be entitled to exemption from, service under the provisions of Regulation 35, or
(c) who is included in a Schedule referred to in Regulation 46, or
(d) in respect of whom his employer makes an application for exemption on the ground that the employee is engaged on work of national importance,
shall not be required to perform any military service pending the hearing of an application by a Local Exemption Court for the grant of a certificate of exemption to that person.
Certificate may be surrendered in certain cases.
Except as regards the provisions of sub-paragraphs (a) and (b) of Regulation 35 nothing in these Regulations shall prevent a person to whom a certificate of exemption has been granted from surrendering such certificate and voluntarily enlisting for military service.
Liability of discharged soldiers.
A person, who has been discharged from the Australian Imperial Force, and who is a member of a class called up for enlistment and service by a proclamation made by the Governor-General under Section 60 of the Defence Act, shall be liable for enlistment and service, unless he has been exempted in accordance with these Regulations.
PART IV.—EXEMPTION COURTS.
Division 1.—Constitution of Local Exemption Courts.
Local Exemption Courts.
(1) Local Exemption Courts shall be established in each sub-district of each Military District.
(2) The courts of summary jurisdiction in a sub-district shall be the Local Exemption Courts for that sub-district, and shall have jurisdiction to hear and determine applications for the granting, renewal, variation or withdrawal of certificates of exemption under these regulations.
(3) The jurisdiction of the Court of summary jurisdiction under these regulations shall only be exercised by a stipendiary, police or special magistrate.
Division 2.—Initial Procedure and Generally.
Hearing to be in public.
All applications to a Local Exemption Court shall be heard in public.
Notices and applications.
(1) Notices and applications (in duplicate) for exemptions required to be delivered to a Local Exemption Court shall be sent to the Military Registrar of the Sub-District or to the Assistant Military Registrar of the Division in which the applicant resides or to his representative for transmission to the Clerk of the Local Exemption Court.
(2) Notices required to be sent to an applicant for, or the holder of, a certificate of exemption may be sent by post to, or delivered, at his usual place of abode or his last-known postal address or to any military camp or establishment in which he may be located.
Military representative to be a party.
17. (1) A military representative, but not more than one, shall have the right to appear as a party to every application heard by a Local Exemption Court.
(2) No party shall be represented by counsel, or solicitor, or paid agent.
Where applications to be made when on business grounds.
(1) Unless otherwise prescribed, the application by, or in respect of, a man on grounds connected wholly or mainly with the business or employment of the man, shall be forwarded to and shall be determined by the nearest Local Exemption Court in the sub-district in which the place of business or employment of the man is situate: Provided that in the case of an employer carrying on business within more than one sub-district, it shall be competent for the employer to make application in respect of any man in his employment to the nearest Local Exemption Court in the sub-district in which the head office of the employer is situate, and any such application shall be determined by that Local Exemption Court, unless in any case that Court is of opinion that the application could be better determined by a Local Exemption Court in the sub-district in which the place of employment of the particular man is situate, in which case the application shall be referred by the former Local Exemption Court to the latter Local Exemption Court and shall be determined by that Court.
(2) The expression “business or employment” includes education of training for any work.
Where application to be made when on other than business grounds.
Unless otherwise prescribed, an application by, or in respect of a man on grounds other than grounds connected wholly or mainly with the business or employment of the man shall be forwarded to the nearest Local Exemption Court in the sub-district in which the man resides and the application shall be determined by that Local Exemption Court.
Application to be made to one Court only.
(1) An application shall not be made in respect of a man more to more than one Local Exemption Court.
(2) Where, by inadvertence, an application is made to a Local Exemption Court, which, under these regulations, is not the appropriate court it shall be referred forthwith by that Court to an appropriate court and shall be dealt with and determined by the last mentioned court.
(3) Where an application can be more conveniently dealt with by another Local Exemption Court than by the Local Exemption Court to which the application has been made the former Court may, on the application of either of the parties, hear the application and the Court to which the application was originally made shall forthwith refer the application to the other Court.
Further particulars.
(1) In any case in which a Local Exemption Court is of opinion that the application does not give the required particulars or does not disclose primâ facie grounds for considering the application, it shall be competent for the Court to notify the applicant that unless further and better particulars or grounds, (as the case may be), are given, the application will be dismissed.
(2) Unless further and better particulars and grounds, (as the case may be), are delivered to the Court not more than three clear days after such notification has been sent by the Court, or within such extended time as may be allowed by the Court, the application shall be dismissed.
Order of applications.
As far as may be, a Local Exemption Court shall in general deal with applications in the order of receipt of same by the clerk of the Court, but it shall be competent for the Court to arrange that applications made simultaneously by or in respect of men in the service of one employer shall be dealt with at the same time.
Notice of hearing.
At least three clear days before the hearing of an application the clerk of the Local Exemption Court shall send to the applicant and to the military representative by post notice of the date and place fixed for the hearing of the application.
Court may hear such witnesses as it thinks fit.
(1) Except where otherwise prescribed, for the purpose of ascertaining the facts relevant to the decision of an application, the Local Exemption Court may hear such witnesses as it thinks fit: Provided that it shall in all cases hear the parties to the application, and the man in respect of whom the application is made or those of them who appear.
(2) All parties to an application shall confine themselves to the presentation of evidence and the elucidation of facts relevant to the decision of the application.
(3) Any party to an application may put relevant questions to any other party to the application or to any witnesses admitted by the Local Exemption Court to be heard and may place any facts relevant to the application before the Local Exemption Court.
(4) It shall be competent to the Local Exemption Court, should it think fit, to cause to be read at the hearing and to take into consideration any statutory declaration sent by a party to the application who does not appear, or sent by the man in respect of whom the application is made.
Court to communicate decision.
(1) The decision of a Local Exemption Court upon an application, shall be forthwith communicated in writing by the Court to the applicant on the authorized form, and to the military representative who will communicate the result to the military registrar of the sub-district.
(2) Where the Court has, decided to issue a certificate of exemption, whether upon an original application or upon an application for the renewal, withdrawal, or variation of a certificate, the Court shall issue the certificate to the man in respect of whom the application has been made unless the military representatives notifies the Court of his intention to appeal, in which case the Local Exemption Court shall withhold the issue of such certificate until the appeal has been finally decided.
(3) The Court shall send or hand to the military representative a copy of the certificate or particulars of its contents or shall withdraw the certificate, as the case may be.
(4) A certificate shall not in any case be issued until the expiration of the period in which the notice of appeal may be given; and if notice of appeal is given shall not be issued pending the final decision of the case, and the certificate (if any) then issued shall be in accordance with that decision.
Records to be kept.
Records of the decisions of a Local Exemption Court upon an application shall be entered on the authorized form and a register of applications and of the decisions thereon shall be kept by the clerk of the Court in accordance with the authorized form.
Non-existence of conditions on which certificate issued.
(1) Where the conditions on which a conditional certificate of exemption are no longer satisfied, the holder of a certificate shall forthwith notify the clerk of the Local Exemption Court by which the certificate was issued, and the military registrar of the sub-district in which he resides, that the conditions on which the certificate was issued, are no longer satisfied.
(2) Where the holder of the certificate does not reside in the sub-district in which the Court exercises jurisdiction, the clerk of the Court shall forthwith communicate in writing particulars of the case to the military registrar of that sub-district.
Certificate issued subject to holder remaining in a State.
(1) Where a conditional certificate of exemption has been granted by a Local Exemption Court on the condition that the holder thereof continues in a specified employment in a specified State and such holder removes to another State he may, within seven days of his arrival in that State, apply to the clerk of the nearest Local Exemption Court in the sub-district in which he then resides for a fresh certificate of exemption.
(2) The Court shall hear and determine the application in the same manner as if it were an application for an original certificate of exemption.
(3) The Court shall require the applicant to deliver up the original certificate.
(4) The clerk of the Court to whom such fresh application is made may apply to the Court by which the prior certificate was granted for all documents and papers in connection with the grant of the prior certificate and such latter Court shall forward all papers and documents accordingly.
Destroyed or defaced certificates.
(1) If a certificate of exemption has been destroyed or defaced or is missing a Local Exemption Court shall, upon the personal application of the man to whom the certificate was granted, and upon payment by him to the clerk of the Local Exemption Court of a fee of five shillings, issue to the man a copy of the certificate of exemption.
(2) The Local Exemption Court shall require a defaced certificate to be given up before the issue of the copy.
Application of regulations
The regulations in this division shall, as far as practicable, apply to proceedings under Divisions 3, 4, 5, and 6, of this part of these regulations, except in so far as they are modified in such application by any subsequent regulations herein.
Doctors and medical students.
In the case of any application for or relating to a certificate of exemption solely on grounds under (a), (b), (c), or (d), of Regulation 35, by a legally qualified medical practitioner or a medical student, the application, together with the documents, (if any), lodged with the application and relating to it shall be sent forthwith by the military registrar or assistant military registrar to the Principal Medical Officer of the district.
District Medical Committee.
(1) An application under Regulation 31 shall be referred by the Principal Medical Officer of the Military District to a District Medical Committee appointed by the District Commandant (which appointment shall be published in District Military Orders) consisting of:—
The Principal Medical Officer, Chairman;
Two male representatives of a branch of the British Medical Association in that District who shall be legally qualified medical practitioners;
One male representative nominated by the University of the Military District, but only in Districts where there is a medical school in connection with such University;
Two male representatives of legally qualified medical practitioners who must be approved by the District Commandant.
(2) The Committee shall have power to make recommendations to the Principal Medical Officer in respect of applications referred to it
Court to issue certificate in accordance with recommendation of Committee.
After the recommendation of the Committee has been made to the Principal Medical Officer he shall return the application with the recommendation of the Committee to the military registrar or assistant military registrar, who shall cause the application to be placed before the Court, and the decision of the Court on the application shall be in accordance with the recommendation of the Committee and a certificate of exemption, if recommended by the Committee, shall be issued accordingly.
Where an application is made by a legally qualified medical practitioner or a medical student solely on grounds other than those set forth in Regulation 31, the Court shall hear and deal with the application in the same manner as an ordinary application.
Division 3.—Applications for Certificates of Exemption made by or in Respect of Men on the Grounds set forth in Section 61 of the Defence Act or on the Grounds of Expediency, or Domestic Financial Obligations.
Grounds of exemption.
(1) In addition to the grounds of exemption set forth in Section 61 of the Defence Act, an application may be made to a Local Exemption Court by or in respect of a man for a certificate of exemption on any of the following grounds:—
(a) On the ground that it is expedient in the national interest that the man should, instead of being employed in military
service, be engaged in other work in which he is habitually engaged; or,
(b) On the ground that it is expedient in the national interest that the man should, instead of being employed in military service, be engaged in other work in which he wishes to be engaged; or,
(c) If the man is being educated or trained for any work, on the ground that it is expedient in the national interest, that, instead of being employed in military service, he should continue to be so educated or trained; or,
(d) On the ground that serious hardship would ensue if the man were called up for military service, owing to his exceptional domestic financial obligations; or
(e) On the ground that he is the sole remaining son or one of the remaining sons of a family of whose sons one-half at the least have enlisted prior to the second day of October, One thousand nine hundred and sixteen; or,
(f) On the ground that he is the sole support of aged parents, or a widowed mother, or orphan brothers and sisters under the age of sixteen years or physically incapable of earning their own living; or,
(g) On the ground that he is the only son of a family.
(2) The Local Exemption Court, if it considers the grounds of the application established, shall, subject to the provisions of these regulations, issue a certificate to the man in respect of whom the application is made.
(3) Where it is proved to the satisfaction of the Court that serious hardship would ensue if a man were called up for military service owing to the fact that the man is the sole proprietor of a business upon which the support of a family exclusively or mainly depends, (not being a business which in the public interests ought to be discontinued), and it is impossible for him to make arrangements for the carrying on of the business in his absence, of which the Court shall be the judge, a certificate shall be issued under paragraph (d) of this regulation.
Where half of family not enlisted.
(1) Where in a family one-half at least of the sons have not enlisted prior to the 2nd day of October, 1916, and the number of sons in that family called up for enlistment and service together with the sons who enlisted prior to the said 2nd day of October exceeds one-half of the total number of sons in that family, only one-half, or in the case of an odd number the number next greater than one-half of the total sons in that family shall render service, and any son so called up may, within the time allowed for lodging applications for the grant of a certificate of exemption by a Local Exemption Court, or such further time as a Chief Registrar allows, apply to the Chief Registrar of the Military District in which he resides to determine which of the sons so called up shall be entitled to exemption from service.
(2) The Chief Registrar shall fix a day for the hearing of the application and shall notify all the sons in the family who have been called up of the time and place of the hearing of the application.
(3) At the hearing the Chief Registrar shall have power to determine which of the sons shall be exempt from service.
(4) The Chief Registrar shall issue to the son in whose favour his determination has been made a certificate of temporary exemption exempting him from service for such time as the Chief Registrar thinks it.
(5) An application may be made to a Chief Registrar for the renewal, creation, or withdrawal of a certificate of exemption granted under this regulation in the same manner as an application made to a Local Exemption Court for the renewal, variation, or withdrawal of a certificate granted by the Court.
Classes of certificates.
37. (1) A certificate of exemption may be absolute, conditional, partial, or temporary, as the Local Exemption Court thinks best suited to the case.
(2) In any application on conscientious grounds the Court shall refuse to grant a certificate of exemption unless the applicant shall signify his is willingness to perform such non-combatant work or services as may be required of him.
(3) Without limiting the conditions on which a certificate may be granted a certificate of exemption may be granted subject to either or both of the following conditions:—
(a) That it shall not be renewable or open to variation except on an application made with the leave of a Court, and
(b) That it shall only be valid so long as the holder thereof continues in a specified employment in a specified State.
(4) The decision of the Court granting or refusing leave under this provision shall be final.
(5) Where a conditional certificate is granted, the conditions upon which it is granted shall be stated on the certificate.
(6) No certificate of exemption may be conditional upon the person to whom it is granted continuing in or entering into employment under any specified employer or at any specified place or establishment.
Effect of certificates
(1) A certificate of absolute exemption shall exempt the holder from any military service whatever.
(2) A certificate of conditional exemption shall exempt the holder from military service so long as the employment, status, or condition on which it is issued continues.
(3) A certificate of partial exemption shall exempt the holder from military service of a combatant nature.
(4) A certificate of temporary exemption shall exempt the holder from military service for the period stated thereon.
Certificate to be issued to a man being educated or trained.
A certificate of exemption granted on the grounds that a man is being educated or trained for any work and that it is expedient in the national interest that he should continue to be so educated or trained, or granted on the ground of his exceptional domestic financial obligations shall be a conditional or temporary certificate only.
Application on ground of ill-health or infirmity.
(1) In the case of an application for the grant of a certificate of exemption on the ground of ill-health or infirmity, or for the renewal, variation, or withdrawal of his certificate of exemption granted on the grounds of ill-health or infirmity the military registrar of the sub-district or the assistant military registrar, (as the case may be), shall attach to the application for exemption the attestation form containing the certificate of a District Medical Referee Board appointed by the Principal Medical Officer of the District testifying to the fitness of the applicant for active service.
(2) The Local Exemption Court may, in its discretion, on the application of the military representative, adjourn the hearing of the case
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and refer it to the Principal Medical Officer for the District who shall refer it to the District Medical Referee Board for further consideration and report.
(3) The District Medical Referee Board may take such further evidence and make such inquiries as it thinks fit,
(4) Upon the receipt of the report of the District Medical Referee Board the Principal Medical Officer shall forward the same with his recommendation to the Court.
(5) Upon the receipt of the report and recommendation of the Principal Medical Officer the Court shall hear the case and shall issue or refuse a certificate.
(6) The Court shall not take into account or admit as evidence the certificate or evidence of any medical practitioner who is not a member of the District Medical Referee Board or the Principal Medical Officer of the District.
(7) No appeal shall lie from the decision of a Local Exemption Court under this regulation.
(8) In cases of obvious infirmity the Court may on production thereto by the military representative of the recommendation of the District Medical Referee Board grant a certificate in accordance with such recommendation without requiring the attendance of the applicant.
Time for making applications.
(1) An application for a certificate of exemption shall be entertained by the Local Exemption Court if it has been duly delivered in duplicate on the authorized form to the military registrar or the assistant military registrar within a period of seven days after the person concerned has been called upon to attend at an authorized place for enlistment and service.
(2) Where the application has been delivered after that date it may be entertained in any case in which it is shown to the satisfaction of the Court that the failure to make the application before that date has arisen owing to the absence of the applicant abroad or owing to any other cause which appears to the Court to afford a reasonable ground for allowing the application to be so made.
Military representative to assent or dissent to application.
The clerk of the Local Exemption Court shall notify the military representative, as far as practicable, of the order in which the applications before the Court are likely to be dealt with, and the military representative shall send notice to the Court in writing stating whether he assents or objects to the application.
Procedure where military representative assents.
If the military representative assents to the application, and sends notice in writing to that effect to the Court thereupon the Court may, unless it considers the grounds of the application have not been established, grant a certificate of exemption in accordance with the application without hearing the parties.
Procedure where military representative does not assent.
If the military representative does not notify the Court that he assents to the application, or if the Court, notwithstanding that the military representative has assented, is of opinion that the grounds of the application have not been established, the Court shall fix a date, being not less than five clear days after the day on which the duplicate form of application has been received by the clerk of the Court, for the hearing of the application.
Renewal of certificate.
(1) An application for the renewal of a certificate of exemption may be made by sending to the clerk of the nearest Local Exemption Court of the sub-district in which the holder of the certificate is residing or in which his place of business or employment is situate, as the case may be, notice in duplicate in accordance with the authorized from before, or within two weeks after, the date on which the certificate
ceases to be in force, and such application shall be dealt with in the same manner as an application for the grant of a certificate: Provided that, if a certificate of exemption has been granted on the condition that it shall not be renewable except on an application made with the leave of the Court on whose decision the certificate was granted, an application for the renewal of the certificate shall not be entertained unless leave to apply has been given by the Court which imposed the condition.
(2) Pending the hearing of an application for the renewal of a certificate of exemption the applicant shall not be required to render military service.
Division 4.—Applications for Certificates of Exemption by or in Respect of Ordinary Occupations.
Application by Government Departments and others.
(1) An application in duplicate may be made to a District Commandant by any Commonwealth or State Government Department, Harbor Trust, Board of Works, Water Supply or Sewerage Department, or Board, Municipality, Irrigation or other Trust, or any person, firm, or company, who desires to obtain exemption for not less than twelve employees, for the grant of a certificate or certificates of exemption to an officer or officers of the department or body, or to employees, within seven days after the officers or, employees concerned have been called upon to attend at an authorized place for enlistment and service, on the ground that the work of the officer or officers is of sufficient national importance to justify his or their retention in their ordinary occupation, and that the work cannot be performed by returned and discharged soldiers and by other men not liable for service.
(2) Where there are a number of officers so affected in any one of the above-mentioned bodies such names may be scheduled and the schedule shall contain the full name, date of birth, age, private postal address, the military sub-district in which he resides, and the nature of the duties performed by each officer.
(3) If a Commandant on receipt of such application is satisfied that such exemption should be granted to the whole or any of the persons indicated on the schedule he may refer one copy of the schedule together with his recommendation thereon to a Local Exemption Court and the duplicate copy to the military representative detailed to represent the military authorities at the Local Exemption Court, together with a duplicate of his recommendation, and the court may, if the military representative notifies the Court that he has no objection, issue such certificate as it deems fit without requiring the attendance of any person named in the schedule.
(4) A Court may refuse exemption or issue temporary or conditional certificates only, to all or any of the men shown on such schedule: Provided that no exemption shall be refused to any person shown on the schedule without an examination of the person, or the representative of the Department, and of the military representative by the court.
Application by an employer in respect of an employee.
An application may be made to a Local Exemption Court by a man or in respect of a man by his employer for an individual certificate of exemption on the ground that the work he is performing is of sufficient national importance to justify the issue of a certificate of exemption:
Provided that a certificate of exemption shall not be granted if the court is of opinion that the work can be performed by a returned discharged soldier or by a person not liable to service.
Time of making application.
(1) An application in accordance with the authorized form for a certificate of exemption under Regulation 47 shall be entertained by the Local Exemption Court if it has been duly delivered in duplicate to the military registrar or the assistant military registrar within seven days
after the person concerned has been called upon to attend at an authorized place for enlistment and service.
(2) Where the application has been delivered on or after the date it may be entertained in any case in which it is shown to the satisfaction of the Court that failure to make the application before that date has arisen owing to the absence of the applicant abroad or owing to any other cause which appears to the court to afford a reasonable ground for allowing the application to be so made.
Grant of certificate.
If five clear days after the day on which the application under Regulation 47 has been sent by the military registrar or the assistant military registrar to the Local Exemption Court or within such extended time as may be allowed by the Court, no notice of objection has been received by the clerk of the Court from the military representative, the Court may, if it is satisfied by a statutory declaration as to the man’s principal or usual occupation, if the man is an employed person, by the man himself, or by his employer, or if the man is not an employed person, by the man himself, or by other evidence satisfactory to the court that the man’s principal and usual occupation is an occupation of sufficient national importance as to justify the man’s remaining in civil employment, and that the work cannot be performed by a returned discharged soldier or by a person not liable to service, grant a certificate without hearing the parties to an application under this section.
Grounds on which application may be opposed.
Within five clear days after the day on which the application has been sent to the Local Exemption Court by the military registrar or the assistant, military registrar or within such extended time as may be allowed by the Court the military representative may deliver notice in writing to the clerk of the Local Exemption Court that upon the application under this section for a certificate of exemption he will contend that—
(a) The man’s principal and usual occupation is not in fact an occupation of national importance;
(b) Notwithstanding that the man’s principal and usual occupation is one of national importance it is no longer necessary in the national interests that he should continue in civil employment; and that if it is, it can be performed by a returned discharged soldier, or by some other person not liable to service:
Provided that a question under paragraph (b) may not be raised or entertained in respect of a man when the application for a certificate of exemption is made on the ground that he is employed in a Government factory or by a privately-owned factory solely engaged in the production of munitions or of the equipment of troops for service.
Applicant to be notified.
Where such notice is given by the military representative the clerk of the Local Exemption Court shall give notice in writing to the applicant of the question to be raised on his application and shall fix date for the hearing of the application and the question so raised, and on the hearing the Local Exemption Court shall grant or refuse a certificate of exemption as it thinks just.
Court may issue certificate.
(1) A certificate of exemption may be conditional, or temporary as the Court thinks suited to the case.
(2) A certificate of exemption may be granted subject to the condition that it shall not be renewable or open to variation except on as application made with the leave of the Court.
(3) The decision of the Court granting or refusing leave under this provision shall be final.
(4) Where a conditional certificate is granted, the condition upon which it is granted shall be stated on the certificate.
(5) No certificate of exemption granted in pursuance of an application under this section, except in the case of a Government Department, shall be conditional upon the person to whom it is granted continuing in or entering into employment under any specified employer or in any specified place or establishment.
Application for renewal of certificate.
(6) An application for the renewal of a certificate of exemption granted under this Division of this Part may be made by sending to the clerk of the nearest Local Exemption Court in the sub-district in which the place of business or employment of the holder of the certificate is situate, notice in duplicate on the authorized form before or within two weeks after the date on which the certificate ceases to be in force.
(7) The application shall be dealt with in the same manner as an application under this Division of this Part for the grant of a certificate: Provided that if the certificate of exemption has been granted on the condition that it shall not be renewable except on an application made with leave of the Court on whose decision a certificate was granted, an application for the renewal of the certificate shall not be entertained unless leave to apply has been given by the Court which imposed the condition.
DIVISION 5.—Application for Withdrawal or Variation of an Individual Certificate of Exemption.
Application for withdrawal or variation of certificate.
(1) The holder of a certificate of exemption or the military representative may at any time apply by sending notice on the authorized form in duplicate to the clerk of the nearest Local Exemption Court in the sub-district in which the holder of the certificate resides, or in the sub-district in which his place of employment or business is situate, as the case may be, for the withdrawal or variation of an individual certificate granted under the provisions of Division 4, or granted to any other person who is exempt from service under paragraphs (b), (c), (d), (e), (f), or (g) of section 61 of the Defence Act: Provided that, if a certificate of exemption has been granted on the condition that it shall not be open to variation except on an application made with the leave of the court on whose decision the certificate was granted, an application for the variation of the certificate shall not be entertained unless leave to apply has been given by the Court which imposed the condition.
Grounds on which military representative may apply.
An application under this division of this part may be made to a Local Exemption Court by the military representative upon the following grounds, or any of them in the case of a man who holds a certificate of exemption, viz.:—
(a) That the man’s principal or usual occupation is not in fact of national importance;
(b) That notwithstanding the man’s principal and usual occupation is one of national importance, it is no longer necessary that he should continue in civil employment, or that if it is, the work can be performed by a returned discharged soldier, or by other persons not liable to service;
(c) That the man’s principal and usual occupation has, since the certificate was granted, ceased in fact to be one of national importance: or
(d) That the employment, condition, or status on which the exemption is based no longer continues.
Procedure on receipt of application.
Upon receiving notice of application for the withdrawal or variation of a certificate duly made in accordance with these regulations.—
(a) If the application has been made by the holder of the certificate, the clerk of the Local Exemption Court shall forward the duplicate of application to the military representative, and it shall be the duty of the military representative not more than five clear days after the receipt thereof, or within such extended time as may be allowed by the Court, to send notice to the Court in writing, stating whether he assents or objects to the application;
(b) If the application has been made by the military representative, the clerk of the Local Exemption Court shall forward the duplicate, form of application to the holder of the certificate, and shall fix a date for the hearing of the application.
Military representative may assent or dissent.
(1) If, on an application made under this Division of this Part by the holder of a certificate of exemption, the military representative assents to the application, the Local Exemption Court may, unless it considers that the grounds of the application have not been established, withdraw or vary the certificate in accordance with the notice of application without hearing the parties.
(2) If the military representative duly notifies the Local Exemption Court that he objects to the application, or if the Court, notwithstanding that the military representative has assented, is of opinion that the grounds of the application have not been established, the Court shall fix a date for the hearing of the application.
Court may withdraw or vary certificate.
If upon the hearing of an application under this division of this part the Local Exemption Court is of opinion that in the circumstances of the case the certificate should be withdrawn or varied, the Court may accordingly withdraw or vary the certificate, as the case may be.
Division 6.—Appeal Courts.
District Appeal Court.
(1) There shall be a District Appeal Court for each Military District.
(2) The Supreme Court of a State shall be the District Appeal Court for the District which corresponds to that State, and its jurisdiction shall be exercisable by a single Judge.
(3) Except where otherwise prescribed by these regulations, a District Appeal Court shall have jurisdiction to entertain and hear appeals from decisions and orders of Local Exemption Courts of military sub-districts within the Military District for which the District Appeal Court is constituted, and from the decisions of a Chief Registrar of a Military District under Regulation 36.
Central Appeal Courts.
(1) There shall be a Central Appeal Court, which shall have jurisdiction throughout the Commonwealth.
(2) The High Court shall be the Central Appeal Court, and its jurisdiction shall be exercisable by a single Justice, whose decision shall be final and conclusive.
(3) The Central Appeal Court shall have jurisdiction to entertain and hear appeals from the decisions and orders of a District Appeal Court, in respect of which the District Appeal Court grants leave appeal to the Central Appeal Court.
Either party may appeal.
(1) Any person aggrieved by a decision of the Local Exemption court or the military representative, may appeal to a District Appeal court for the Military District against the decision of the Local Exemption Court by delivering to the clerk of the Local Exemption Court in duplicate, notice of appeal on the authorized form not later than three clear days after the date on which the written decision of the Local Exemption Court is sent to the applicant, or to the military representative, as the case may be, or within such extended time, as for good reasons shown, the Local Exemption Court may allow.
(2) The clerk of the Local Exemption Court shall thereupon send to the other party to the application the duplicate notice of appeal.
(3) The decisions in respect of which an appeal may be made shall not include a decision granting or refusing leave to apply for the renewal or variation of a certificate of exemption granted by a Court, subject to the condition that it shall not be renewable or open to variations exception application made with the leave of the Court.
Notice of appeal to be forwarded.
61. The clerk of the Local Exemption Court shall in any case in which notice of appeal has been given, send forthwith to the District Appeal Court a notice of appeal and a form of application, together with the documents, if any, in the possession of the Local Exemption Court relating to the application and the Local Exemption Court shall indicate the reason for its decision.
Local Exemption Court to furnish information to Appeal Court.
The Local Exemption Court shall furnish to the District Appeal Court or the Central Appeal Court, as the case may, be, any other information respecting the decision of a Local Exemption Court upon any application, which is the subject of an appeal that a District Appeal Court or the Central Appeal Court, as the case may be, may require.
Powers of Appeal Court.
(1) Upon any appeal it shall be competent to a District Appeal Court or the Central Appeal Court, as the case may be, either itself to issue a certificate of exemption or to give such directions to the Local Exemption Court (including a direction that no certificate of exemption shall be issued upon the application which is the subject of appeal), as, subject to these regulations, the District Appeal Court or the Central Appeal Court, as the case may be, thinks fit.
(2) Where, consequent on a decision by a District Appeal Court or the Central Appeal Court, as the case may be, a direction is given as to a certificate of exemption the Local Exemption Court shall comply with that direction.
Further particulars.
(1) In any case in which either Appeal Courts concerned are of opinion that the notice of appeal does not give the required particulars, or does not disclose primâ facie grounds for reviewing the decision of the Local Exemption Court, it shall be competent to the Appeal Court to notify the appellant that unless further and better particulars or grounds, as the case may be, are given, the appeal will be dismissed.
(2) Unless further and better particulars or grounds, as the case may be, are delivered to the Registrar or other proper officer of the Appeal Court not more than three clear days after such notification has been sent by the Registrar or other proper officer of the Appeal Court, or within such extended time as may be allowed by the Appeal Court, the appeal shall be dismissed.
Military representative.
(1) A military representative shall have the right to appear as a party to every appeal heard by an Appeal Court.
(2) No party shall be represented by counsel, or solicitor, or paid agent.
Date of hearing.
As soon as may be after receiving notice of appeal the Registrar or other proper officer of the Appeal Court concerned shall fix a date for the hearing of the appeal, and at least three clear days before the date so fixed he shall send to the appellant and to the other party to the appeal, notice in writing of the date and place fixed for the hearing of the appeal.
Powers of Appeal Court on hearing.
Upon an appeal respecting a certificate of exemption it shall be competent to the Appeal Court to direct the grant, renewal, withdrawal, or variation of the certificate and to issue instructions in writing to the Local Exemption Court, whose decision is the subject of the appeal to grant, renew, withdraw, or vary the certificate in accordance with the decision of the Appeal Court: Provided that where an appeal has been made to a District Appeal Court, the instructions shall not in any case be issued until the expiration of the period in which the application for leave to appeal against the decision of the District Appeal Court may be made, and if as application is made and leave to appeal is given instructions shall not be issued, but notification in writing that leave to appeal has been given shall be sent by the Registrar or other proper officer of the District Appeal Court forthwith to the Local Exemption Court concerned, and no action shall be taken by that Court respecting the certificate which is the subject of the appeal, until the decision of the Central Appeal Court has been duly communicated to the Local Exemption Court.
Decision to be communicated.
The decision of the Appeal Court upon an appeal shall be forth with communicated in writing by the Registrar or other proper office of the Court to the appellant and to the other party to the case, and to the Local Exemption Court and District Appeal Court concerned.
Records.
A record of the decision of an Appeal Court upon an appeal shall be entered on the notice of appeal and the register of appeals shall be kept on the authorized form.
Appeal from District Appeal Court.
(1) Any person aggrieved by a decision of a District Appeal Court, or a military representative, may make application for leave to appeal, on the authorized form (in duplicate), to the District Appeal Court not later than three clear days after the date on which the written decision of the District Appeal Court has been sent to the appellant, or to the other party, as the case may be, or within such extended time as, for good reasons shown, the District Appeal Court may allow.
(2) On the hearing of the application the District Appeal Court may grant or refuse the application, as it thinks fit.
(3) The District Appeal Court shall notify its decision in writing to the parties to the appeal.
(4) Any party, who is present when the decision of the District Appeal Court is given, may apply forthwith for leave to appeal to the Central Appeal Court, and if the District Appeal Court refuse the application it shall not be competent for him to make a further application.
(5) If leave to appeal is given by the District Appeal Court, notice as provided in this regulation shall be sent forthwith by the District Appeal Court.
District Appeal Court to forward documents.
A District Appeal Court shall in any case in which, with the leave of the Court, notice of appeal against its decision is given, send forthwith to the Central Appeal Court, the notice of appeal, together with the form of application, to the Local Exemption Court and the notice of appeal to the District Appeal Court, and the incidental documents
(if any) in the possession of the District Appeal Court relating to the appeal and the District Appeal Court shall indicate the reasons for their decision.
District Appeal Court to furnish information.
A District Appeal Court shall furnish to the Central Appeal Court any other information respecting the decision of the District Appeal Court upon any appeal to the Central Appeal Court which the Appeal Court may require.
Division 7.—Returned and Discharged Soldiers.
Returned discharged soldiers.
(1) Any former member of the Australian Imperial Force, who has returned from active service abroad and has been discharged, if he is a member of one of the classes called up for service, may, if the member has been discharged on the grounds of medical unfitness, lodge an application, on the authorized form, with the nearest military registrar or assistant military registrar for exemption from military service, producing at the same time his discharge certificate.
(2) The military registrar or assistant military registrar shall after noting the application in his register, and after taking imprints on the discharge certificate of the applicant’s right and left thumbs, or if the applicant has had the misfortune to lose same, or to have had his thumbs so mutilated as to prevent this, then such two of his remaining fingers as will admit of prints being taken, attach the discharge certificate to the application form and forward same to the Staff Officer for Returned Soldiers for the Military District in which the applicant resides.
(3) The Staff Officer for Returned Soldiers on receipt of the application and certificate shall, if he is satisfied that the applicant is medically unfit for military service issue a certificate of absolute, conditional, temporary, or partial exemption accordingly.
(4) The Staff Officer for Returned Soldiers shall return the application and both certificates to the military registrar or assistant military registrar, who will forward the certificates to the applicant.
(5) If the Staff Officer for Returned Soldiers is not satisfied that the applicant is medically unfit he shall forward the application to the Principal Medical Officer of the District, who may cause the applicant to be medically examined as to his fitness for military service.
(6) If the Principal Medical Officer is satisfied as to the unfitness of the applicant for military service he shall return the application to the Staff Officer for Returned Soldiers endorsed accordingly.
(7) If on a medical examination the applicant is found to be medically fit for military service the application shall be endorsed accordingly and shall be returned by the Staff Officer for Returned Soldiers to the military registrar or assistant military registrar, who will cause the application to be forwarded to the Local Exemption Court for consideration as an ordinary application.
Soldiers discharged before leaving Australia.
(1) Any former member of the Australian Imperial Force who enlisted in Australia but was discharged before leaving Australia on the grounds of medical unfitness, if he is a member of one of the classes called up for military service, may lodge an application with the nearest military registrar or assistant military registrar for exemption from military service, producing at the same time his discharge certificate.
(2) The military registrar or assistant military registrar shall after taking the thumb or finger prints, as the case may be, of the applicant as prescribed in Regulation 80 forward the application to the Staff Officer for Invalids for the Military District in which the applicant resides.
(3) The application shall be dealt with by the Staff Officer for Invalids in the same manner as applications by discharged soldiers who have served outside Australia are dealt with by the Staff Officer for Returned Soldiers.
PART V.—MEDICAL EXAMINATION.
Prescribed medical authorities.
For the purposes of paragraphs (a) and (h) of section 61 of the Defence Act, the District Commandant shall appoint an officer of the Australian Army Medical Corps, an Area Medical Officer, a legally qualified medical practitioner, or a District Medical Referee Board to be the prescribed medical authorities to medically examine persons liable to enlistment and service under Part IV. of the Defence Act.
Medical examination.
The medical examination shall be of two kinds—
(a) Preliminary—at a place of enlistment, and
(b) Final—at Training Centers, Recruiting Depôts, or Camps, or at other places appointed by the military registrar or assistant military registrar.
Preliminary examination,
(1) At the preliminary examination, which shall be conducted by an officer of the Australian Medical Corps, an Area Medical Officer or legally qualified medical practitioner appointed by the District Commandant, the examining medical officer shall enter on the attestation paper of the recruit—
(a) “Fit for active service”
(b) “Unfit for all military service”
(c) “Doubtful”
(d) “Temporarily unfit through sickness or accident—To report again for further examination”
as the case may be.
(2) If the recruit is not substantially of European origin the examining medical officer shall enter that fact on the attestation paper of the recruit.
(3) Where the recruit is not classified as “fit for active service,” the examining medical officer shall hand the recruit a preliminary medical examination certificate.
Final examination.
(1) At the final examination the recruit shall be examined by a Medical Referee Board appointed by the District Commandant, who shall, after examination, complete the section of the attestation paper of the recruit relative to the medical examination.
(2) The preliminary medical examination certificate shall be handed to the Medical Referee Board, and shall be retained by it.
(3) If the Medical Referee Board is satisfied that a recruit is unfit for military service it may grant to him a medical certificate of unfitness.
Present medical exemption certificates to be produced.
(1) A person who is in the possession of a Medical Exemption Certificate issued prior to the commencement of these regulations shall produce same for the inspection of the medical officer at the time of the examination.
(2) A medical certificate of exemption granted prior to the commencement of these Regulations shall not entitle the holder thereof to exemption from the medical examination.
(3) If the Medical Referee Board is satisfied that the person is unfit for military service it may issue to him a medical certificate of unfitness under these regulations.
Finger prints.
(1) For the purposes of identification, thumb prints shall be taken of the palmar surface of both thumbs, but if the palmar surface of one or both thumbs should be damaged, then the print shall be taken of the index finger or fingers as the case may be.
Duty to produce certificate and give particulars.
(2) The prints shall be made on the edge of the attestation form, on a certificate of exemption, and, in the case of a person who is unfit for military service, on the medical certificate of unfitness.
PART VI.—OFFENCES.
(1) Every person who holds a certificate of exemption or a medical certificate granted under these regulations shall, if required by a member of the Police Force of a State or by any person authorized by a competent naval or military authority for the purposes of the War Precautions Act, produce his certificate or give particulars as to the authority by which the certificate was granted and the grounds on which it was granted.
Offences relating to certificates.
(2) Any person who fails to comply with the provisions of sub-regulation (1) of this regulation shall be guilty of an offence.
Penalty: Twenty pounds or imprisonment for three months.
82. Any person who—
(a) Alters or tampers with a certificate of exemption granted under these regulations, or
(b) Personates or falsely represents himself to be a person to whom a certificate of exemption has been granted, or
(c) Improperly allows any other person to have possession of a certificate of exemption issued for his use alone,
shall be guilty of an offence.
Penalty: Imprisonment for six months.
Refusing required information or giving false information.
(1) Any person, of whom information is required by any officer or person in order to enable him to comply with the provisions of the Defence Act relating to enlistment, who refuses or neglects (without just cause, proof whereof shall be upon him) to give such information or gives false information shall be liable to a penalty not exceeding Five pounds for each item of information demanded and refused or neglected to be given or falsely given.
Refusing to make enrolment.
(2) Any person, appointed in that behalf who (without just cause, proof whereof shall lie upon him) refuses or neglects to make any enrolment or to make or transmit, in the prescribed manner, any prescribed roll or return, or copy thereof, shall be liable to a penalty not exceeding Fifty pounds.
Resisting draft, etc.
Any person who—
(1) fails to enlist when required by the Defence Act so to do; or
(2) counsels or aids any person, called upon by proclamation to enlist in the Citizen Forces, to fail to enlist or to evade enlistment; or
(3) counsels or aids any person who has enlisted or who is liable to enlist in any part of the Defence Force not to perform any duty he is required by this Act to perform,
shall be liable to imprisonment, with or without hard labour, for any period not exceeding six months.
When drafted refusing to be sworn, etc. Punishment.
Any man who has enlisted or who is liable to enlist for service in the Defence Force and who refuses or neglects to take the oath set out in the Third Schedule, when tendered to him by a Justice of the Peace, or by the Commanding Officer of the corps to which he is attached, or which he is required to join, shall be liable to imprisonment, with or without hard labour, for a period not exceeding six months.
Offences connected with desertion. Punishment.
Any person who—
(a) procures or persuades any member of the Defence Force to desert; or
(b) aids or assists any member of the Defence Force in deserting; or
(c) knowing any person to be a deserter from the Defence Force, conceals him or aids or assists him in concealing himself,
shall be liable to be imprisoned, with or without labour, for any period not exceeding twelve months.
Absence over seven days; trial as deserter.
Any member of the Citizen Forces who, when liable to be employed on active service, absents himself without leave from his corps for a longer period than seven days, shall be deemed a deserter, and may be punished accordingly.
Forgery.
Any person who forges, or utters knowing it to be forged—
(a) a certificate issuable under these regulations, or
(b) the signature of any Justice of the High Court or of the Supreme Court of a State or any Magistrate exercising jurisdiction under these regulations,
shall be guilty of an offence against the War Precautions Act.
Conspiracy.
Any person who conspires with any other person for the purpose of securing the grant of a certificate of exemption to any person who is not lawfully entitled to a certificate shall be guilty of an offence.
Penalty: Imprisonment for three years.
PART VII.—MISCELLANEOUS.
War service notice to be supplied to owners or occupiers of shops &c.
(1) The District Commandant, or any person authorized by him in that behalf, may supply or cause to be supplied copies of any war service notice to the owner or occupier of any shop, factory, office, wharf, hotel, or boarding-house, or to the owner or occupier of any other premises which are frequented by the public whether as of right or otherwise.
(2) Copies delivered by post or otherwise upon any such premises shall be deemed to have been supplied to the owner or occupier of these premises within the meaning of this regulation.
Owner or occupier to exhibit notice.
(3) It shall be the duty of every person to whom the copies have been so supplied forthwith to exhibit the same in a conspicuous place and manner upon the premises so owned or occupied by him and to conform to such directions, (if any), as may be given or caused to be given to him by the District Commandant as to the place and manner of such exhibition, and to keep all such copies so exhibited for a period of one calendar month or for such longer period as may be required by the District Commandant.
Notice to be exhibited on cinematograph screens.
The District Commandant, or any person authorized by him in that behalf, may supply or cause to be supplied to the owner, occupier or manager of any theatre or other premises used for the purpose of cinematograph exhibitions, or to any person who uses any premises for that purpose, lantern slides containing copies of any war service notices and may direct the person to whom such lantern slides are so supplied to exhibit the notices on the cinematograph screen in such manner, and on such occasions as the Commandant or the person so authorized by him thinks fit, and it shall be the duty of every person to whom the lantern slides are so supplied to exhibit the notices in accordance with the directions so received.
Notice to be exhibited on tramways.
The District Commandant, or any person authorized by him, may supply or cause to be supplied to any local authority, company, or public body having the control or management of a tramway, copies of any war service notice, and may require such local authority, company, or public body to exhibit the notices in or upon the tramcars used upon the tramway in such manner and during such period as the Commandant
or the person so authorized by him thinks fit, and it shall be the duty of the local authority, company, or public body to exhibit the notices in accordance with the directions so received.
Notice to be exhibited on ships.
The District Commandant, or any person authorized by him, may supply or cause to be supplied to the owner or charterer of any passenger ship copies of any war service notice, and may require the owner or charterer to exhibit the notices upon the ship in such manner and during such period as the Commandant or the person so authorized by him thinks fit and it shall be the duty of the owner or charterer to exhibit the notices in accordance with the directions so received.
Notice may be exhibited within view.
The District Commandant or any person authorized by him, may exhibit or cause to be exhibited any war service notice in or within the view of any road, street, railway station, railway carriage, or other public place, (other than upon private property), and no person shall obstruct, prevent, or interfere with any such exhibition.
Destroying or defacing notices.
Every person who fails or refuses to fulfill any duty imposed upon him by these regulations, or who, without lawful authority, destroys, defaces, obscures, removes, or otherwise interferes with any war service notice exhibited in pursuance of these regulations, shall be guilty of an offence against the War Precautions Act.
________
THE SCHEDULE.
1st MILITARY DISTRICT—1st Subdistrict—The Commonwealth Electoral
Division of HERBERT.
2nd Subdistrict—The Commonwealth Electoral
Division of KENNEDY.
3rd Subdistrict—The Commonwealth Electoral
Division of CAPRICORNIA.
4th Subdistrict—The Commonwealth Electoral
Division of WIDE BAY.
5th Subdistrict—The Commonwealth Electoral
Division of LILLEY.
6th Subdistrict—The Commonwealth Electoral
Division of BRISBANE.
7th Subdistrict—The Commonwealth Electoral
Division of OXLEY.
8th Subdistrict—The Commonwealth Electoral
Division of MORETON, and those portions of the Electoral Divisions of RICHMOND and COWPER, in the State of NEW SOUTH WALES, including the towns of LISMORE, CASINO, and GRAFTON, and known as the 12th Battalion Area.
9th Subdistrict—The Commonwealth Electoral
Division of DARLING DOWNS.
10th Subdistrict—The Commonwealth Electoral
Division of MARANOA.
75th Subdistrict—THE NORTHERN TERRITORY OF AUSTRALIA.
The Schedule—continued.
2nd MILITARY DISTRICT—11th Subdistrict—The Commonwealth Electoral Division of NEW ENGLAND, and those portions of the Commonwealth Electorates of RICHMOND and COWPER, in the State of NEW SOUTH WALES, other than those included in the 12th Battalion Area before- mentioned.
12th Subdistrict—The Commonwealth Electoral Division of GWYDIR.
13th Subdistrict—The Commonwealth Electoral Division of DARLING.
14th Subdistrict—The Commonwealth Electoral Division of COWPER, less that portion included in the 12th Battalion Area before-mentioned.
15th Subdistrict—The Commonwealth Electoral Division of HUNTER.
16th Subdistrict—The Commonwealth Electoral Division of ROBERTSON.
17th Subdistrict—The Commonwealth Electoral Division of NEWCASTLE.
18th Subdistrict—The Commonwealth Electoral Division of NORTH SYDNEY.
19th Subdistrict—The Commonwealth Electoral Division of EAST SYDNEY.
20th Subdistrict—The Commonwealth Electoral Division of WENTWORTH.
21st Subdistrict—The Commonwealth Electoral Division of SOUTH SYDNEY.
22nd Subdistrict—The Commonwealth Electoral Division of WEST SYDNEY.
23rd Subdistrict—The Commonwealth Electoral Division of DALLEY.
24th Subdistrict—The Commonwealth Electoral Division of COOK.
25th Subdistrict—The Commonwealth Electoral Division of LANG.
26th Subdistrict—The Commonwealth Electoral Division of PARKES.
27th Subdistrict—The Commonwealth Electoral Division of PARRAMATTA.
28th Subdistrict—The Commonwealth Electoral Division of NEPEAN.
29th Subdistrict—The Commonwealth Electoral Division of MACQUARIE.
30th Subdistrict—The Commonwealth Electoral Division of CALARE.
31st Subdistrict—The Commonwealth Electoral Division of ILLAWARRA.
32nd Subdistrict—The Commonwealth Electoral Division of EDEN MONARO, including that Area known as the FEDERAL CAPITAL TERRITORY.
33rd Subdistrict—The Commonwealth Electoral Division of WERRIWA.
34th Subdistrict—The Commonwealth Electoral Division of RIVERINA.
35th Subdistrict—The Commonwealth Electoral Division of HUME.
36th Subdistrict—The Commonwealth Electoral Division of BARRIER, with the exception of that portion of the State of NEW SOUTH WALES south of the 33rd parallel of South Latitude; and with the further exception of that portion of the State of NEW SOUTH WALES which includes the towns of BROKEN HILL and SILVERTON, and which is known as portion of the 82nd Battalion Area.
The Schedule—continued.
3rd MILITARY DISTRICT—37th Subdistrict—The Commonwealth Electoral Division of INDI.
38th Subdistrict—The Commonwealth Electoral Division of GIPPSLAND.
39th Subdistrict—The Commonwealth Electoral Division of FLINDERS.
40th Subdistrict—The Commonwealth Electoral Division of HENTY.
41st Subdistrict—The Commonwealth Electoral Division of KOOYONG.
42nd Subdistrict—The Commonwealth Electoral Division of YARRA.
43rd Subdistrict—The Commonwealth Electoral Division of FAWKNER.
44th Subdistrict—The Commonwealth Electoral Division of MELBOURNE.
45th Subdistrict—The Commonwealth Electoral Division of MELBOURNE PORTS.
46th Subdistrict—The Commonwealth Electoral Division of BALACLAVA.
47th Subdistrict—The Commonwealth Electoral Division of BATMAN.
48th Subdistrict—The Commonwealth Electoral Division of BOURKE.
49th Subdistrict—The Commonwealth Electoral Division of MARIBYRN0NG.
50th Subdistrict—The Commonwealth Electoral Division of GRAMPIANS.
51st Subdistrict—The Commonwealth Electoral Division of BENDIGO.
52nd Subdistrict—The Commonwealth Electoral Division of ECHUCA, together with that portion of the Commonwealth Electorate of the BARRIER, in the State of NEW SOUTH WALES, south of the 33rd parallel of South Latitude and east of the 144th meridian of East Longitude.
53rd Subdistrict—The Commonwealth Electoral Division of WIMMERA, and that portion of the Commonwealth Electorate of BARRIER, in the State of NEW SOUTH WALES, south of the 33rd parallel of South Latitude and west of the 144th meridian of East Longitude.
54th Subdistrict—The Commonwealth Electoral Division of CORIO.
55th Subdistrict—The Commonwealth Electoral Division of CORANGAMITE.
56th Subdistrict—The Commonwealth Electoral Division of BALLARAT.
57th Subdistrict—The Commonwealth Electoral Division of WANNON.
4th MILITARY DISTRICT—58th Subdistrict—The Commonwealth Electoral Division of BARKER.
59th Subdistrict—The Commonwealth Electoral Division of BOOTHBY.
60th Subdistrict—The Commonwealth Electoral Division of ADELAIDE.
61st Subdistrict—The Commonwealth Electoral Division of HINDMARSH.
62nd Subdistrict—The Commonwealth Electoral Division of ANGUS.
63rd Subdistrict—The Commonwealth Electoral Division of WAKEFIELD.
The Schedule—continued.
4th Military District—continued.
64th Subdistrict—The Commonwealth Electoral Division of GREY, and that portion of the Commonwealth Electorate of the BARRIER, in the State of NEW SOUTH WALES, which includes the towns of BROKEN HILL and SILVERTON, and which is known as portion of the 82nd Battalion Area beforementioned.
5th MILITARY DISTRICT—65th Subdistrict—The Commonwealth Electoral Division of KALGOORLIE.
66th Subdistrict—The Commonwealth Electoral Division of PERTH.
67th Subdistrict—The Commonwealth Electoral Division of FREMANTLE.
68th Subdistrict—The Commonwealth Electoral Division of SWAN.
69th Subdistrict—The Commonwealth Electoral Division of DAMPIER.
6th MILITARY DISTRICT—70th Subdistrict—The Commonwealth Electoral Division of BASS.
71st Subdistrict—The Commonwealth Electoral Division of DARWIN.
72nd Subdistrict—The Commonwealth Electoral Division of WILMOT.
73rd Subdistrict—The Commonwealth Electoral Division of FRANKLIN.
74th Subdistrict—The Commonwealth Electoral Division of DENISON.
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Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.