Defence Act 1954

Discharge by purchase.

75

75. (1) A man shall be entitled, except during a period of emergency, to his discharge from the Permanent Defence Force or the Reserve Defence Force by purchase as may be prescribed.

(2) Where—

( a) a man at any time within three months after the date of his attestation pays to the Minister such sum (not exceeding twenty-five pounds) as the Minister may fix and applies to be discharged, and

( b) such payment and application are not made during a period of emergency,

such person shall be discharged from the Permanent Defence Force or the Reserve Defence Force (as the case may be) with all convenient speed.

(3) Where—

( a) a person has enlisted, and

( b) a period of emergency commences within three months after the date of his attestation, and

( c) such person within three months after the termination of the period of emergency pays to the Minister such sum (not exceeding twenty-five pounds) as the Minister may fix and applies to be discharged,

such person shall be discharged from the Permanent Defence Force or the Reserve Defence Force (as the case may be) with all convenient speed.

Annotations:

Modifications (not altering text):

C27

Term “International United Nations Force” construed (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 2, commenced on enactment.

Application of certain provisions of Act of 1960 and Principal Act.

2.—...

(2) The provisions of the Principal Act specified in section 4 of the Act of 1960 as amended by this Act shall apply and have effect as if each reference in those provisions to an International United Nations Force were a reference to an International United Nations Force as defined in section 1 of this Act.

C28

Application of section extended (21.12.1960) by Defence (Amendment) (No. 2) Act 1960 (44/1960), s. 4(4), commenced on enactment, as amended (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 9(a) and (b), commenced on enactment.

Amendments of the Principal Act.

4.—...

(4) ( a) [Section 75 ] of the Principal Act shall, in its application to a man of the Permanent Defence Force who is serving outside the State with an International United Nations Force, have effect as if the references therein to a period of emergency included references to a period during which the man is serving outside the State with an International United Nations Force [or for any purpose specified in section 3 of the Defence (Amendment) Act 2006 ].

( b) Where, in relation to a man of the Permanent Defence Force, a period (being either a period of emergency or a period in which the man is serving outside the State with an International United Nations Force [or for any purpose specified in section 3 of the Defence (Amendment) Act 2006 ]) is followed within three months after its expiration by a period (being either a period of emergency or a period in which the man is serving outside the State with an International United Nations Force [or for any purpose specified in section 3 of the Defence (Amendment) Act 2006 ]), the former period shall, for the purposes of subsection (3) of section 75 of the Principal Act be deemed to have terminated at the time of the termination of the latter period.

...

Editorial Notes:

E11

Previous affecting provision: application of section affected (1.07.1993) by Defence (Amendment) Act 1993 (18/1993), s. 3(2); repealed (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 12 and sch., commenced on enactment.

E12

Previous affecting provision: transitional provision applied to above C-note (21.12.1960) by Defence (Amendment) (No. 2) Act 1960 (44/1960), s. 4(7), commenced on enactment; repealed (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 12 and sch., commenced on enactment.