Defence Forces (Temporary Provisions) Act, 1923

Mode of enlistment and attestation.

148.—(1) Every person authorised to enlist recruits in the Forces (in this Act referred to as the “recruiter”) shall give to every person offering to enlist a notice in the form for the time being authorised by the Minister stating the general requirements of attestation and the general conditions of the contract to be entered into by the recruit, and directing such person to appear before a District Justice or a Peace Commissioner either forthwith or at the time and place therein mentioned.

(2) Upon the appearance before a District Justice or Peace Commissioner of a person offering to enlist, such District Justice or Peace Commissioner shall ask him whether he has been served with and understands the notice and whether he assents to be enlisted, and shall not proceed with the enlistment if he considers the recruit under the influence of liquor.

(3) If he does not appear before a District Justice or Peace Commissioner or on appearing does not assent to be enlisted, no further proceedings shall be taken.

(4) If he assents to be enlisted—

(a) The District Justice or Peace Commissioner after cautioning such person that if he makes any false answer to the questions read to him he will be liable to be punished as provided by this Act, shall read or cause to be read to him the questions set forth in the attestation paper for the time being authorised by the Minister, and shall take care that such person understands each question so read, and after ascertaining that the answer of such person to each question has been duly recorded opposite the same in the attestation paper, shall require him to make and sign the declaration as to the truth of those answers set forth in the said paper and shall then administer to him the oath of allegiance contained in the said paper.

(b) Upon signing the declaration and taking the oath, such person shall be deemed to be enlisted as a soldier of the Forces.

(c) The District Justice or Peace Commissioner shall attest by his signature in manner required by the said paper, the fulfilment of requirements as to attesting a recruit and shall deliver the attestation paper, duly dated to the recruiter.

(d) The fee for attestation of a recruit and for all acts and things incidental thereto, shall be one shilling and no more, and shall be paid to the District Court Clerk.

(e) The officer who finally approves of a recruit for service shall, at his request, furnish him with a certified copy of his attestation paper.

(5) The date at which the recruit signs the declaration and takes the oath in this Section in that behalf mentioned shall be deemed to be the date of the attestation of such recruit.

(6) The prescribed military authority if satisfied that there is any error in the attestation paper of a recruit, may cause the recruit to attend before some District Justice or Peace Commissioner, and that District Justice or Peace Commissioner, if satisfied that such error exists and is not so material as to render it just that the recruit should be discharged, may amend the error in the attestation paper, and the paper as amended shall thereupon be deemed as valid as if the matter of the amendment had formed part of the original matter of such paper.

(7) Where the regulations of the Minister under this Part of this Act require duplicate attestation papers to be signed and attested, this Section shall apply to such duplicates, and in the event of any amendment of any attestation paper, the amendment shall be made in both of the duplicate attestation papers.