Document ID: chunk:federal_register_of_legislation:C2004A04382:body:0:p2
Version: federal_register_of_legislation:C2004A04382
Segment Type: other
Provision Reference: 
Character Range: 2624–5495

on persons in the order in which they are included in classes established for the purposes of this subsection under subsection (3).

"(3) The regulations may establish a series of classes of persons for the purposes of subsection (2).

"(4) A Proclamation must be laid before each House of the Parliament before, but not more than 90 days before, the day on which it is expressed to come into effect.

"(5) A Proclamation does not come into effect unless, within the period of 90 days before it is expressed to come into effect, it is approved, by resolution, by each House of the Parliament.".

Registration and allotment for service

  8. Section 61 of the Principal Act is amended:

  (a)     by omitting paragraphs (1)(d) and (e);

  (b)    by omitting subsection (2).

Persons exempt from service

  9. Section 61A of the Principal Act is amended:

    (a)    by omitting from subsection (1) "or status" and substituting ", status, belief, or other reason stated in regulations made for the purposes of paragraph (j),";

  (b)    by omitting from paragraph (1)(f) "and";

    (c)     by omitting from paragraph (1)(g) "as prescribed.", and substituting "as prescribed;";

  (d)    by adding at the end of subsection (1) the following paragraphs:

         "(h) persons whose conscientious beliefs do not allow them to participate in war or warlike operations;

         (i) persons whose conscientious beliefs do not allow them to participate in a particular war or particular warlike operations; and

         (j) persons who, for a reason stated in the Regulations, are declared by the Regulations to be exempt from service in the Defence Force in time of war.";

  (e) by inserting after subsection (1) the following subsection:

     "(1A) Persons whose conscientious beliefs do not allow them to engage in duties of a combatant nature (either generally or during a particular war or particular warlike operations) are not exempt from, disability to serve in the Defence Force in time of

     war but are exempt from such duties while members of the Defence Force as long as those beliefs continue.".

Part not to apply to certain persons

10. Section 61C of the Principal Act is omitted and the following section is substituted:

  "61C. Nothing in this Part applies to:

    (a)     a person whose presence in Australia is occasioned solely by his or her employment in the service of a government outside Australia; or

  (b)    a prescribed official of any international organisation; or

  (c)     a member of the Defence Force.".

Insertion of new Divisions

  11. After section 61C the following Divisions are inserted:

"Division 2—Determination of conscientious belief

Application for determination of conscientious belief

"61CA.(1) A person who claims to be exempt from service because of conscientious beliefs must, within 7 days after he or she is