DEFENCE ACT 1903
- SECT 61A
Persons exempt from service

(1)

The following persons are exempt from service in the Defence Force in time of war so long as the employment, condition, status, belief, or other reason stated in regulations made for the purposes of paragraph (j), on which the exemption is based continues:

(a) persons subject to a prescribed mental or physical disability;
(b) members and officers of the Parliament of the Commonwealth or of a State;
(c) judges of federal or State courts and police, stipendiary or special magistrates of a Territory or of a State;
(d) ministers of religion;
(e) members of a religious order who devote the whole of their time to the duties of the order;
(f) persons who are students at a college maintained solely for training persons to become members of a religious order;
(g) persons who are students at a theological college as defined by the regulations or are theological students as prescribed;
(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.

(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 liability 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.

(2)

A person who, in pursuance of section 60, has been called upon to serve in the Defence Force and is, by virtue of this section, exempt from service shall, notwithstanding the exemption, do any act that such a person is required, by or under the regulations, to do.

Penalty: $40.