RE-ESTABLISHMENT AND EMPLOYMENT WHETHER FOR PURPOSES OF s 10 OF RE-ESTABLISHMENT AND EMPLOYMENT ACT 1945 HIS MAJESTY HAS CEASED TO BE ENGAGED IN WAR AND WHETHER s 28 OF THAT ACT APPLIES ONLY TO A PERSON ENTITLED TO PREFERENCE
RE-ESTABLISHMENT AND EMPLOYMENT ACT 1945 ss 10, 28
I refer to your memorandum of 9th January, 1946, regarding the interpretation of sections 10 and 28 of the abovementioned Act.
The question in regard to section 10 is, in effect, whether His Majesty has ceased to be engaged in war. The view of this Department is that His Majesty is still engaged in war and will continue to be so engaged until some formal act is taken to end the present state of war.
With regard to section 28, it has been suggested that this section might give a right to a person not entitled to preference to apply to a Court for an order. The basis of this view is that section 28(1) refers to ‘any person’ but in other provisions in Division 2 of Part II of the Act in which it is intended to refer to ‘a person entitled to preference’ those words are used.
In my view, if section 28 is read as a whole, the intention seems clear that the section applies only to a person entitled to preference. For instance, in sub-section (3)(c) reference is made to the ‘termination of his service’. These words seem to be applicable only to a person entitled to preference (see sections 27 (3)(a) and 32(1)).