Defence Act 1954

Discharge of persons under eighteen.

76

76. (1) Where—

( a) a person under the age of eighteen years is enlisted without the consent in writing of his parent, and

( b) the parent of such person applies within three months after the date of such person’s attestation to the commanding officer or the Minister for the discharge of such person,

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

F48 [ Provided that this section shall not apply to a person who is under the age of eighteen years and is or has been married at the time of attestation. ]

(2) In this section, the word “ parent”, in relation to a person (in this subsection referred to as the recruit) who was under the age of eighteen years at the date of his attestation, shall be construed in accordance with the following provisions—

( a) subject to paragraph ( b) of this subsection, the word means the person (in this subsection referred to as the legal guardian) having the legal custody of the recruit at that date;

( b) (i) if at that date there was no legal guardian, or

(ii) if, owing to the absence from the State of the legal guardian or for any other reason, the recruit was not at that date living with or in the actual custody of the legal guardian,

then, the word means the person with whom the recruit was living or in whose actual custody he was at that date.

Annotations:

Amendments:

F48

Inserted (1.03.1985) by Age of Majority Act 1985 (2/1985), s. 5(a), commenced as per s. 9(2).