Defence Forces (Temporary Provisions) Act, 1923

Effect of appointment to a corps and provision for transfers.

151.—A soldier of the Forces, whether enlisted for general service or not, when once appointed to a corps shall serve in that corps for the period of his army service, whether during the term of his original enlistment or during the period of such reengagement as is in this Act mentioned, unless transferred under the following provisions:—

(1) A soldier of the Forces enlisted for general service, may within three months after the date of his attestation or at any time whilst a proclamation ordering the Reserve to be called out on permanent service is in force, be transferred to any corps of the Forces of the same arm or branch of the service, by order of the prescribed military authority;

(2) A soldier of the Forces may at any time with his own consent be transferred by order of the prescribed military authority, to any corps of the Forces;

(3) Where a soldier of the Forces is in pursuance of any of the foregoing provisions transferred to a corps in an arm or branch different from that in which he was previously serving, the prescribed military authority may by order, vary the conditions of his service so as to correspond with the general conditions of service in the arm or branch to which he is transferred;

(4) Where a soldier of the Forces has been transferred to serve on the staff or in any corps not being a corps of infantry, cavalry, artillery, or engineering, he may by order of the prescribed military authority, either during the term of his original enlistment or during the period of his re-engagement be removed from such service and transferred to any corps of the Forces in which he was serving prior to such first mentioned transfer, either in the rank he holds at the time of his removal or any lower rank;

(5) Where a soldier of the Forces—

(a) Has been guilty of the offence of desertion or of fraudulent enlistment, and has either been convicted of the same by a Court-martial, or having confessed the offence is liable to be tried, but his trial has been dispensed with by order of the prescribed military authority; or

(b) Has been sentenced by Court-Martial for any offence to a punishment not less than detention for a term of three months,

such soldier shall be liable in commutation wholly or partly of other punishment, to general service, and may from time to time be transferred to such corps of the Forces as the prescribed military authority may from time to time order;

(6) A soldier of the Forces delivered into military custody or committed by a Court of Summary Jurisdiction as a deserter shall be liable to be transferred by order of the prescribed military authority, to any corps of the Forces near to the place where he is delivered or committed to any other corps to which the prescribed military authority may think it desirable to transfer him without prejudice to his subsequent trial and punishment.

Re-engagement and Prolongation of Service.