Opinion No. 397
EFFECT ON LIABILITY FOR MILITARY TRAINING UNDER COMMONWEALTH LAW
DEFENCE ACT 1903-1910, s. 125
31 January 1911
The Secretary, Department of Defence
Mr A.B. has written to the Minister for Defence as follows:
I have just filled up my declaration for two of my sons re their Compulsory Military Service.
As my sons were both born here and registered as French citizens at the French Consulate, I beg to inquire if your law applies to them, for there is not the least doubt that they will be called upon to go back to France when they are 21 to fulfil their military duty there. An official reply will oblige me, as I will require it to regularise the position of my boys before their mother country.
The papers are referred to this Department for advice.
The writer's sons, being born in British territory, are British subjects according to British law.
They are therefore, as long as they remain inhabitants of Australia, subject to the obligation of military training under section 125 of the Defence Act.
The fact that the French law regards them as French subjects is immaterial.
[Vol. 8, p. 218]