WHETHER PARLIAMENT HAS POWER TO LEGISLATE FOR ENLISTMENT OF APPRENTICES, CONTRARY TO TERMS OF THEIR APPRENTICESHIPS
CONSTITUTION, s. 51 (vi)
The Commonwealth Parliament has, in my opinion, power to provide that apprentices may enlist in the Defence Forces notwithstanding the terms of the indentures under which they are serving. That is to say, Parliament may provide that when an apprentice has attested as a soldier, the master shall not be entitled to claim him.
Such legislation would, I think, be an exercise of the defence power. The matter is one which should, I think, be provided for by amendment of the Defence Act, and is not a proper subject to be dealt with by regulation.
[Vol. 15, p. 480]