Defence Forces (Temporary Provisions) Act, 1923

Prolongation of service in certain cases.

155.—(1) Where the time at which a soldier of the Forces would otherwise be entitled to be discharged occurs while a state of war exists, or while soldiers in the Reserve are required by proclamation in pursuance of this Act, to continue in or re-enter upon army service, the soldier may be detained and his service may be prolonged for such period not exceeding twelve months as the prescribed military authority may order, but at the expiration of that period, or any earlier period at which the prescribed military authority considers his services can be dispensed with, the soldier shall, as provided by this Act be discharged with all convenient speed.

(2) Where the time at which a soldier of the Forces would otherwise be entitled to be transferred to the Reserve occurs while a state of war exists, the soldier may be detained in army service for such further period not exceeding twelve months, as the prescribed military authority may order, but at the expiration of that period or any earlier period at which the prescribed military authority considers his services can be dispensed with, the soldier shall with all convenient speed be transferred to the Reserve, unless at that time a proclamation calling out the Reserve, or any part thereof, is in force.

(3) If a soldier required under this Section to be discharged desires, while a state of war exists to continue in the service, and the prescribed military authority approve, he may agree to continue as a soldier of the Forces in the same manner in all respects as if his term of service were still unexpired, except that he may claim his discharge at the end of such state of war, or if it is so provided by such agreement, at the expiration of any period of three months after he has given notice to his Commanding Officer of his wish to be discharged.

(4) A soldier who so agrees to continue shall make before his Commanding Officer a declaration in accordance with any general or special regulations from time to time made by the Minister.