Defence Forces (Temporary Provisions) Act, 1945
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Enlistment under Chapter V of Part II of the Principal Act of reservists called out on permanent service. |
4.—Where a person, who is a soldier of the Forces by virtue of his having as a man of the Reserve of Men been called out on permanent service with the Forces, desires to be re-enlisted by enlisting as a soldier of the Forces under section 144 of the Principal Act, the following provisions shall have effect, that is to say:— | |
(a) subsection (1) of section 148 of the Principal Act shall not apply in respect of him; | ||
(b) subsection (2) of the said section 148 shall apply in respect of him as if the words “whether he has been served with and understands the notice and” were omitted therefrom; | ||
(c) he may be so re-enlisted without being discharged from the service under any provision of the Acts or the regulations made thereunder relating to discharge from the service; | ||
(d) if he so re-enlists, Chapter V of Part II of the Principal Act shall apply in respect of him, subject to the following modifications— | ||
(i) the period already served by him in army service since he last reported for permanent service may be reckoned as included in the period for which he so re-enlists, | ||
(ii) the period for which he so re-enlists shall be deemed, for the purposes of the said Chapter V, to be the term of his original enlistment, | ||
(iii) save for the purposes of subsection (1) of section 164 of the Principal Act, subsection (5) of section 148 of the Principal Act shall not apply in respect of him, | ||
(iv) the date of his last reporting for permanent service shall, except for the purposes of subsection (1) of section 164 of the Principal Act, be deemed to be the date of his attestation and the date of his original term of enlistment, | ||
(v) section 149 of the Principal Act shall not apply in respect of him; | ||
(e) if he so re-enlists— | ||
(i) the period already served by him since his last reporting for permanent service shall be deemed, for the purposes of the Acts and the regulations made thereunder, to have been served under an enlistment under section 144 of the Principal Act for army service for that period, | ||
(ii) his former engagement and any extension thereof by virtue of subsection (1) of section 7 of the Act of 1942, shall thereupon be deemed to have been terminated. |