Age Determination Law, 5724-1963
חוק קביעת גיל, תשכ"ד-1963
Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More
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Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.
The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.
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Jurisdiction to determine age§
The jurisdiction to give a declaratory judgment on an application for the determination of a person's age shall vest in the Family Court.
Variation of age determination§
Where an age has been determined under this Law, an interested person may apply to the Magistrate's Court for variation of the determination on the basis of evidence that was not before the court; however, if the application for variation of the age determination is submitted by the person at whose application the age was determined, the court may decline to have regard to evidence that the applicant could have adduced before the court at the time of the hearing of the previous application.
Appeal before a single judge§
An appeal against a judgment of a Magistrate's Court under this Law shall be heard by the District Court before a single judge.
Departure from the laws of evidence§
In hearing a determination of age or a variation of an age determination under this Law, the court may depart from the laws of evidence if, for reasons that it shall record, it has seen fit to do so for the purpose of ascertaining the truth.
Effect of determined age§
Where a person's age has been determined under this Law, that shall be his age for every purpose.
Definitions§
For the purposes of this Law, "age" includes minimum age, maximum age and age range.
Summoning of the Recruiting Officer§
Where an application for the determination of an age, or for its variation, has been submitted and the matter may affect a person's obligation under the Defence Service Law, 5719-1959 [Consolidated Version], the court shall serve a copy of the application on the Recruiting Officer as defined in that Law (hereinafter – the Recruiting Officer) and shall summon him to appear as a party to the hearing of the application. The Minister of Justice, in consultation with the Minister of Defence, shall prescribe by Regulations the categories of applications to which this provision shall apply.
Amendment of the Defence Service Law, 5719-1959 [Consolidated Version]§
In the Schedule to the Defence Service Law, 5719-1959 [Consolidated Version] –
"(2a) Where a person has been assigned an age range, he shall be regarded, for the purposes of the obligation of defence service under this Law, as having been born at the midpoint of the age range period.";
"Variation of age determination at the application of the Recruiting Officer
Where a person's age has been determined, or the determination has been varied, under the Age Determination Law, 5724-1963, the Recruiting Officer may, if he was not summoned to appear in the hearing of the application as referred to in section 7 of that Law, apply to the Magistrate's Court for variation of the determination, and the Recruiting Officer may do so even if he does not have additional evidence beyond that which was before the court; in the hearing of such an application the Recruiting Officer may examine the person and witnesses who testified in a previous hearing of an application for the determination of his age or for its variation.";
Examinations§
Where an application for the determination of an age or for its variation has been submitted and the Recruiting Officer is a party to its hearing, the person whose age is sought to be determined is required to undergo any medical examination by a medical board under the Defence Service Law, 5719-1959 [Consolidated Version], or any other examination, that the court sees fit to order – for the purpose of determining the age; and the court may determine the age on the basis of the findings of the examination alone.
Obligation of regular service§
A person whose age has been determined or varied under this Law after having been found fit for service under the Defence Service Law, 5719-1959 [Consolidated Version], and who has not been exempted from the obligation of regular service or has not completed it, shall continue to be obligated in regular service even if he would not have been so obligated by virtue of the determination or its variation.
Amendment of the National Insurance Law, 5714-1953§
In section 104 of the National Insurance Law, 5714-1953, the following shall be added at the end:
"however, it shall have no jurisdiction to determine a person's age, except for the purposes of section 72 within the limits of an age range determined under the Age Determination Law, 5724-1963".
Transitional provisions§
A matter that was pending before a court or tribunal on the eve of the commencement of this Law shall be dealt with as if this Law were not in force.
Regulations§
The Minister of Justice may make Regulations concerning rules of procedure in proceedings under this Law.
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