STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT 71 Service of the Australian Naval Reserve

STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT 71

71. Section 32A of the Principal Act is amended -

   (a)  by omitting sub-sections (1) and (2) and substituting the following
        sub-sections:



"(1) Subject to this section, members of the Australian Naval Reserve are not
bound to render continuous full time naval service.



"(2) The regulations shall fix, or make provision for fixing, training periods
in respect of the Australian Naval Reserve, or different training periods in
respect of different parts, or different classes of members, of that Reserve.



"(2A) Members of the Australian Naval Reserve are bound to render, in each
training period, naval service, other than continuous full time naval service,
for such periods as are fixed by or in accordance with the regulations, unless
exempted by or in accordance with the regulations from the obligation to
render the whole or a part of that service.



"(2B) The regulations -

   (a)  may make provision for different periods of naval service with respect
        to different parts, or different classes of members, of the
        Australian Naval Reserve; and

   (b)  may make provision for exempting -

        (i)    a particular member of the Australian Naval Reserve; or

        (ii)   members within a specified class of members of the
               Australian Naval Reserve, from the obligation to render, during
               a training period, the whole or part of the naval service that
               he or they would otherwise be bound to render during that
               period.";

   (b)  by omitting from sub-section (3) "Citizen Naval Forces" and
        substituting "Australian Naval Reserve"; and

   (c)  by omitting sub-section (4) and substituting the following
        sub-sections:



"(4) A member of the Australian Naval Reserve may at any time voluntarily
undertake to render naval service, other than continuous full time naval
service, for a period or periods specified by him, and, if that undertaking is
accepted, the member is bound to render naval service in accordance with that
undertaking or for such period or periods within that specified period, or
within those specified periods, as the case may be, as the prescribed
authority directs.



"(5) Where a period is fixed, for the purposes of this sub-section, by or in
accordance with the regulations in respect of a part, or a class of members,
of the Australian Naval Reserve, a member of that Reserve included in that
part or class may, in addition to rendering naval service that he is bound to
render in pursuance of sub-section (2A) or (4), render voluntarily, in a
training period, naval service for a period not exceeding, or for periods not
exceeding in the aggregate, the period so fixed.



"(6) Where a kind or kinds of naval service is or are fixed, for the purposes
of this sub-section, by or in accordance with the regulations in respect of a
part, or a class of members, of the Australian Naval Reserve, being a part or
class in respect of which a period is fixed for the purposes of sub-section
(5), that sub-section does not authorize a member of the Reserve included in
that part or class to render voluntarily naval service of a kind other than a
kind so fixed.



"(7) Nothing in this section affects the liability of a member of the
Australian Naval Reserve to be employed on continuous full time naval service
while he is a member of a part of that Reserve called out for such service
under section 50A or 51 of the Defence Act.".