Defence Forces (Temporary Provisions) Act, 1945
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Enlistment under Chapter V of Part II of the Principal Act of soldiers serving for a period of emergency. |
3.—Where a soldier of the Forces serving on an emergency engagement desires to be re-enlisted by enlisting as a soldier of the Forces under section 144 of the Principal Act, the following provisions shall have effect, that is to say:— | |
(a) subsection (1) of section 148 of the Principal Act shall not apply in respect of him; | ||
(b) subsection (2) of the said section 148 shall apply in respect of him as if the words “whether he has been served with and understands the notice and” were omitted therefrom; | ||
(c) he may be so re-enlisted without being discharged from the service under any provision of the Acts or the regulations made thereunder relating to discharge from the service; | ||
(d) if he so re-enlists, Chapter V of Part II of the Principal Act shall apply in respect of him, subject to the following modifications— | ||
(i) the period already served by him on his emergency engagement when he so re-enlists may be reckoned as included in the period for which he so re-enlists, | ||
(ii) the period for which he so re-enlists shall be deemed, for the purposes of the said Chapter V, to be the term of his original enlistment, | ||
(iii) save for the purposes of subsection (1) of section 164 of the Principal Act, subsection (5) of section 148 of the Principal Act shall not apply in respect of him, | ||
(iv) the date, which is for the purposes of Chapter II of Part IV of the No. 2 Act of 1940 the date of his attestation, shall, except for the purposes of sub-section (1) of section 164 of the Principal Act, be deemed to be the date of his attestation and the date of his original term of enlistment, | ||
(v) section 149 of the Principal Act shall not apply in respect of him; | ||
(e) if he so re-enlists— | ||
(i) the period already served by him under his emergency engagement immediately before he so re-enlists shall be deemed, for the purposes of the Acts and the regulations made thereunder, to have been served under an enlistment under section 144 of the Principal Act for army service for that period, | ||
(ii) his emergency engagement shall thereupon be deemed to have been terminated. |