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Defence Act, 1957 (Act No. 44 of 1957)

Chapter VI : The Reserve

54. Liability to report

 

 

(1) Every member of the Controlled Reserve shall, in such manner and at such time or within such periods as may be prescribed, notify the prescribed officer of his address and of any change therein.

[Subsection (1) inserted by section 26(a) of Act No. 134 of 1993]

 

(1A) In any proceedings against any such member for a contravention of subsection (1), the member concerned shall be presumed not to have notified the prescribed officer of his address or of any change therein unless he produces—
(a) an acknowledgement by the prescribed officer of the receipt of his notification of his address or of a change therein, as the case may be;
(b) proof that he has posted by registered post a notification of his address or of a change therein to the prescribed officer; or
(c) other proof to the satisfaction of the court that he has in fact notified the prescribed officer of his address or of a change therein.

[Subsection (1A) inserted by section 26(a) of Act No. 134 of 1993]

 

(2) Every member of the Controlled Reserve shall in such manner and at such time or times or within such period or periods as may be prescribed, report in writing or in person to a prescribed officer and shall supply that officer with such prescribed information as may be required by that officer.

[Subsection (2) substituted by section 26(b) of Act No. 134 of 1993]

 

(2A) A member of the National Reserve shall, if so required by registered letter addressed to him by an officer designated for the purpose by the Minister—
(a) furnish such officer within such period as may be specified in such letter, with information concerning his personal particulars, address, work, profession or occupation and such other information as the said officer may deem necessary;
(b) report to such officer in writing in such manner and at such times or within such periods as the said officer may determine; and
(c) advise that officer of any change in his address within fourteen days after such change has occurred.

[Subsection (2A) inserted by section 29(b) of Act No. 85 of 1967]

 

(2B) Whenever the Minister by notice in the Gazette requires members of the National Reserve or such members belonging to any category or kind specified in such notice, to furnish an officer so specified, with the information referred to in subsection (2A)(a), any such member or any such member belonging to such category or kind shall, within such period as may be so specified, comply with the requirements of such notice.

[Subsection (2B) inserted by section 29(b) of Act No. 85 of 1967]

 

(3) Any person charged under this section with having failed to notify an officer of any change in his address, or with having failed to furnish an officer with any information, shall be presumed to have so failed, unless he produces—
(a) an acknowledgment by the officer concerned of his notification of such change or of his having furnished such information; or
(b) other proof to the satisfaction of the court that he has in fact notified the officer concerned of such change or furnished him with such information.

[Subsection (3) substituted by section 29(c) of Act No. 85 of 1967]