Defence Forces (Temporary Provisions) (No. 2) Act, 1940

Active service.

6.—(1) A person subject to military law shall be deemed for the purposes of the Acts and this Act to be on active service—

(a) during any period while an order made by the Government under sub-section (2) of this section is in force, or

(b) whenever he is attached to or forms part of a force which is engaged in operations against an enemy, or

(c) whenever he is engaged in military operations in a place wholly or mainly occupied by an enemy,

and the expression “on active service” when used in the Acts or this Act in relation to a person subject to military law shall be construed accordingly.

(2) The Government may, whenever and so often as they are of opinion that circumstances are of such a nature as to warrant their so doing, by order under this sub-section declare the Defence Forces to be on active service.

(3) The Government may at any time by order under this sub-section revoke any order made under sub-section (2) of this section.