Chapter II.

Enlistment in Forces for period of emergency and direct enlistment in the Reserve of Men.

22. —(1) This Chapter of this Part of this Act shall not apply in respect of any person who has before the date of the passing of this Act been or who is on or after the said date enlisted in the Forces under Chapter V of Part II of the Principal Act, and nothing in this Chapter of this Part of this Act shall be construed as affecting the operation of the said Chapter V.

(2) Nothing in Chapter V of Part II of the Principal Act shall apply in respect of any person who is enlisted under this Chapter of this Part of this Act.

23. —In the subsequent provisions of this Chapter of this Part of this Act the word “enlist” means enlist under this Chapter of this Part of this Act, and the words “enlisted” and “enlisting” shall be construed accordingly.

Enlistment in Forces for period of an emergency.

24. —Notwithstanding anything contained in the Acts, a person (including a minor) may during a period of emergency be enlisted to serve for that period of emergency as a soldier of the Forces in army service.

Direct enlistment in the Reserve of Men and period of service.

25. —(1) A person (including a minor) may be directly enlisted to serve as a man of the Reserve of Men for a period of twelve years or for such less period as may from time to time be fixed by the Minister, but not for any longer period, and the period for which a person enlists in the Reserve of Men is in this Chapter of this Part of this Act referred to as the term of the original enlistment of such person.

(2) Where a person under the age of eighteen years is enlisted in the Reserve of Men, the Minister may, if he thinks fit, direct that the term of his original enlistment shall be reckoned from the day on which such person attains the age of eighteen, and in any such case the term of the original enlistment of such person shall be reckoned accordingly.

26. —A man of the Reserve of Men who enlisted directly in the Reserve of Men and whose term of original enlistment is less than twelve years may, with the consent of the Minister, extend the term of his original enlistment up to the period of twelve years or any shorter period.

Proceedings for enlistment and attestation of recruits.

27. —(1) The Minister may make regulations (in this Chapter of this Part of this Act referred to as recruiting regulations) in: relation to all or any of the following matters, that is to say:—

(a) the persons authorised to enlist recruits for the Forces and the Reserve of Men;

(b) the manner in which recruits are to be enlisted;

(c) the forms to be used for the purposes of enlistment;

(d) any other matter in relation to proceedings for enlistment.

(2) Recruiting regulations shall provide for the completion by a person enlisting in the Forces or the Reserve of Men of an attestation paper in the form directed by the Minister and the signing by such person of such attestation paper and the verification of his signature.

28. —Every person enlisting in the Forces or the Reserve of Men shall be enlisted in accordance with recruiting regulations.

29. —Every person enlisting in the Forces or the Reserve of Men shall, upon signing the attestation paper and taking the oath or making the declaration required by this Act to be taken or made, be deemed to be enlisted as a soldier of the Forces or as a man of the Reserve of Men (as the case may be), and the date on which he signs such attestation paper and takes such oath or makes such declaration shall be, for the purposes of this Chapter of this Part of this Act, the date of the attestation of such person.

Appointments of Soldiers to Corps and Services.

30. —(1) Recruits may, in pursuance of any general or special regulations from time to time made by the Minister, be enlisted for service in a particular Corps or Service, but save as provided in such regulations (if any) recruits shall be enlisted for general service.

(2) The prescribed military authority shall as soon as practicable appoint a recruit, if enlisted for service in a particular Corps or Service, to that Corps or Service, and if enlisted for general service to some Corps or Service.

Discharge of Soldiers of the Forces on completion of service.

31. —Every soldier of the Forces who is enlisted for the period of an emergency shall upon the expiration of such period be discharged with all convenient speed.

32. —Where a soldier of the Forces is discharged he shall be entitled to be conveyed free of cost from the place where he is discharged to the place in which he appears from his attestation paper to have been resident when attested or to any place at which he may at the time of his discharge decide to take up residence and to which he can be conveyed without greater cost.

Discharge on completion of service of men of the Reserve of Men.

33. —In reckoning the service of a man of the Reserve of Men for the purposes of discharge, service shall be deemed to begin on the date of his attestation.

34. —(1) Subject to the provisions of this section, every man of the Reserve of Men shall, upon completion of the term of his original enlistment or any extension thereof under this Chapter of this Part of this Act, be discharged with all convenient speed.

(2) Where, at the time at which a man of the Reserve of Men would, by virtue of the immediately preceding sub-section, be entitled to be discharged, the Reserve is called out on permanent service under section 221 of the Principal Act, such man, if he is then called out on permanent service, may be detained and his service as a man of the Reserve of Men prolonged for such period not exceeding twelve months as the prescribed military authority may order, and at the expiration of such period or such earlier time as the prescribed military authority may decide such soldier shall be discharged with all convenient speed.

(3) Where a man of the Reserve of Men is discharged under this section, he shall be entitled to be conveyed free of cost from the place where he is discharged to the place in which he appears from his attestation paper to have been resident when attested or to any place at which he may at the time of his discharge decide to take up his residence and to which he can be conveyed without greater cost.

General provisions in relation to discharge.

35. —Where a soldier of the Forces or a man of the Reserve of Men is required by this Chapter of this Part of this Act to be discharged the prescribed military authority shall direct the discharge of such soldier or man.

36. —(1) A soldier of the Forces or a man of the Reserve of Men shall not be discharged except in pursuance of—

(a) a direction of the Government, acting through the Minister given under section 12 of the Defence Forces Act, 1937 (No. 41 of 1937), or

(b) a direction of the prescribed military authority given under the immediately preceding section, or

(c) a sentence imposed by a court-martial.

(2) The Minister may make regulations as to the manner in which and the persons by whom the discharge of soldiers of the Forces or men of the Reserve of Men, who are directed to be discharged by the Government, acting through the Minister, under section 12 of the Defence Forces Act, 1937 , or by the prescribed military authority under the immediately preceding section, or who are sentenced to be discharged by a court-martial, is to be carried out and, until the discharge of a person who is a soldier of the Forces or a man of the Reserve of Men is carried out in accordance with such regulations, such person shall remain subject to the Acts and this Act as a soldier of the Forces or a man of the Reserve of Men (as the case may be).

37. —Whenever a soldier of the Forces or a man of the Reserve of Men is discharged under section 12 of the Defence Forces Act, 1937 (No. 41 of 1937), or this Chapter of this Part of this Act, there shall be given to him or, in case he is a man of the Reserve of Men, either given to him or sent to him at his last registered place of abode, a certificate of discharge in such form and containing such particulars in relation to him as the Minister may direct.

Miscellaneous Provisions.

38. —(1) If a person knowingly makes a false answer to any question contained in his attestation paper which is put to him by or by the direction of the person before whom he appears for the purposes of being attested in accordance with recruiting regulations, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to imprisonment for any term not exceeding three months.

(2) If a person guilty of an offence under this section has been attested as a soldier of the Forces or as a man of the Reserve, he shall be liable at the discretion of the prescribed military authority, to be proceeded against before a court of summary jurisdiction or to be tried by court-martial for the offence.

39. —The reference in section 162 of the Principal Act to the Forces shall be construed as including references to the Reserve of Men.

40. —The expression “the prescribed military authority” where it occurs in any section contained in this Chapter of this Part of this Act means such authority as may for the purpose of such section be prescribed by regulations (which the Minister is hereby authorised to make) made by the Minister,