| C2004C03570 | DEFENCE TRANSITION (RESIDUAL PROVISIONS) ACT 1952
- Reprinted as at 31 December 1983 (#DATE 31:12:1983)
*1* The Defence Transition (Residual Provisions) Act 1952 as shown in this reprint comprises Act No. 104, 1952 amended as indicated in the Tables below. (The citation "Defence Transition (Residual Provisions) Act 1952" is provided for by the Amendments Incorporation Act 1905 and the Acts Citation Act 1976.) Table of Acts ----------------------------------------------------------------------------- Application, saving Number Date of Date of or transitional Act and year Assent commencement provisions ----------------------------------------------------------------------------- Defence Transition (Residual Provisions) Act 1952 104, 1952 18 Nov 1952 1 Jan 1953 Statute Law Revision Act 1973 216, 1973 19 Dec 1973 31 Dec 1973 Ss. 9 (1) and 10 ----------------------------------------------------------------------------- Table of Amendments ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted ----------------------------------------------------------------------------- Provision affected How affected ----------------------------------------------------------------------------- S. 4 . . . . . . . . am. No. 216, 1973 ----------------------------------------------------------------------------- DEFENCE TRANSITION (RESIDUAL PROVISIONS) ACT 1952 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Interpretation
4. Application of Act to Territories
5. Certain regulations to be in force
6. Certain orders to be in force
7. Savings
8. Power to amend or revoke orders
9. Application of certain sections of the Defence (Transitional
Provisions) Act
10. Preservation of rights, obligations, &c.
11. Certain awards, orders, &c., to be in force
FIRST SCHEDULE
REGULATIONS TO BE IN FORCE
SECOND SCHEDULE
ORDERS TO BE IN FORCE
DEFENCE TRANSITION (RESIDUAL PROVISIONS) ACT 1952 - LONG TITLE
SECT
An Act to give the Force of Law to certain Regulations and Orders, and for
other purposes
DEFENCE TRANSITION (RESIDUAL PROVISIONS) ACT 1952 - SECT 1
Short title
SECT
1. This Act may be cited as the Defence Transition (Residual Provisions) Act
1952.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
DEFENCE TRANSITION (RESIDUAL PROVISIONS) ACT 1952 - SECT 2
Commencement
SECT
2. This Act shall come into operation on the first day of January, One
thousand nine hundred and fifty-three.
DEFENCE TRANSITION (RESIDUAL PROVISIONS) ACT 1952 - SECT 3
Interpretation
SECT
3. In this Act, "the Defence (Transitional Provisions) Act" means the
Defence (Transitional Provisions) Act 1946, and includes that Act as amended
from time to time.
DEFENCE TRANSITION (RESIDUAL PROVISIONS) ACT 1952 - SECT 4
Application of Act to Territories
SECT
4. Where a regulation or order in force by virtue of this Act contains
provisions which specifically require its application in an external
Territory, that regulation or order has effect in that Territory accordingly
and this Act extends to that Territory to the extent necessary to give effect
to that regulation or order.
DEFENCE TRANSITION (RESIDUAL PROVISIONS) ACT 1952 - SECT 5
Certain regulations to be in force
SECT
5. (1) The regulations specified in the First Schedule to this Act, being
those regulations as they were in force by virtue of the Defence (Transitional
Provisions) Act immediately before the commencement of this Act, shall,
subject to this Act, be in force-
(a) in the case of the regulations specified in Part I of that
Schedule-until midnight on the thirtieth day of June, One thousand nine
hundred and fifty-three, and no longer; and
(b) in the case of the regulations specified in Part II of that
Schedule-until otherwise provided by law.
(2) The Governor-General may make regulations repealing or amending any
regulations in force by virtue of the last preceding sub-section, but so that
an amendment so made shall be in respect of a matter dealt with by those
last-mentioned regulations.
DEFENCE TRANSITION (RESIDUAL PROVISIONS) ACT 1952 - SECT 6
Certain orders to be in force
SECT
6. (1) The orders specified in the Second Schedule to this Act, being those
orders as they were in force by virtue of the Defence (Transitional
Provisions) Act immediately before the commencement of this Act, shall,
subject to this Act, be in force until midnight on the thirty-first day of
December, One thousand nine hundred and fifty-three, and no longer.
(2) The Minister may, by order, amend or revoke an order in force by virtue
of the last preceding sub-section, but so that an amendment so made shall be
in respect of a matter dealt with by that last-mentioned order.
DEFENCE TRANSITION (RESIDUAL PROVISIONS) ACT 1952 - SECT 7
Savings
SECT
7. (1) An order in force or subsisting immediately before the commencement
of this Act under a regulation that was in force by virtue of the Defence
(Transitional Provisions) Act shall, if the regulation is in force by virtue
of this Act, be in force or subsisting as if made under the regulation as in
force by virtue of this Act, and the regulation applies to that order
accordingly.
(2) An instrument or document in force or subsisting immediately before the
commencement of this Act under a regulation or order that was in force by
virtue of the Defence (Transitional Provisions) Act shall, if the regulation
or order is in force by virtue of this Act, be in force or subsisting as if
made, given or issued under that regulation or order as in force by virtue of
this Act, and that regulation or order applies to it accordingly.
(3) An authority constituted or holding office, or a person employed,
immediately before the commencement of this Act under a regulation or order
that was in force by virtue of the Defence (Transitional Provisions) Act
shall, if the regulation or order is in force by virtue of this Act, be deemed
to be constituted, to hold office or to be employed, as the case may be, under
that regulation or order as in force by virtue of this Act.
(4) A contract or agreement-
(a) to which the Commonwealth, a Minister or an authority of the
Commonwealth is a party;
(b) which was subsisting immediately before the commencement of this Act;
and (c) which was entered into under regulations that were in force by virtue
of the Defence (Transitional Provisions) Act,
shall, subject to the next succeeding sub-section, continue in full force and
effect.
(5) Where an authority of the Commonwealth is a party to such a contract or
agreement and that authority has ceased or ceases to exist, the Commonwealth
shall be deemed to be substituted for that authority as a party to the
contract or agreement.
(6) Where-
(a) immediately before the commencement of this Act, an authority of the
Commonwealth constituted under a regulation that was in force by virtue of the
Defence (Transitional Provisions) Act was a party to an action or other
proceeding and that authority has ceased to exist; or
(b) an authority of the Commonwealth constituted under a regulation in
force by virtue of this Act is a party to an action or other proceeding and
that authority ceases to exist,
the Commonwealth shall be substituted for that authority as a party to that
action or proceeding.
(7) Where-
(a) immediately before the commencement of this Act, property or assets
were, under a regulation that was in force by virtue of the Defence
(Transitional Provisions) Act, vested in an authority of the Commonwealth and
that authority has ceased to exist; or
(b) property or assets are, under a regulation in force by virtue of this
Act, vested in an authority of the Commonwealth and that authority ceases to
exist,
that property or those assets shall be deemed to be vested in the
Commonwealth.
DEFENCE TRANSITION (RESIDUAL PROVISIONS) ACT 1952 - SECT 8
Power to amend or revoke orders
SECT
8. An order in force by virtue of sub-section (1) of the last preceding
section may be amended or revoked by the authority having power under any
regulations in force by virtue of this Act to make orders with respect to the
matter dealt with by that order.
DEFENCE TRANSITION (RESIDUAL PROVISIONS) ACT 1952 - SECT 9
Application of certain sections of the Defence (Transitional Provisions) Act
SECT
9. The provisions of sections fourteen, fifteen, sixteen, seventeen and
eighteen of the Defence (Transitional Provisions) Act apply to and in relation
to regulations and orders that are in force by virtue of this Act and, in the
application of those provisions-
(a) references to the Defence (Transitional Provisions) Act shall be read
as references to this Act; and
(b) the reference in sub-section (4) of section eighteen to the National
Security Act shall be read as a reference to the Defence (Transitional
Provisions) Act.
DEFENCE TRANSITION (RESIDUAL PROVISIONS) ACT 1952 - SECT 10
Preservation of rights, obligations, &c.
SECT
10. Section eight of the Acts Interpretation Act 1901-1950 applies-
(a) after the commencement of this Act, in relation to regulations that
were in force by virtue of the Defence (Transitional Provisions) Act
immediately before the commencement of this Act but are not in force under
this Act, and in relation to orders that were in force under those regulations
immediately before the commencement of this Act, as if those regulations and
orders were repealed on the date of commencement of this Act;
(b) after the thirtieth day of June, One thousand nine hundred and
fifty-three, in relation to the regulations specified in Part I of the First
Schedule to this Act, and in relation to orders in force under those
regulations on that day, as if those regulations and orders were repealed on
the day following that day; and
(c) after the thirty-first day of December, One thousand nine hundred and
fifty-three, in relation to the orders specified in the Second Schedule to
this Act as if those orders were repealed on the day following that day,
and as if each of those regulations and orders were an Act.
DEFENCE TRANSITION (RESIDUAL PROVISIONS) ACT 1952 - SECT 11
Certain awards, orders, &c., to be in force
SECT
11. (1) An award, order, determination or decision that was in force or
subsisting immediately before the commencement of this Act by virtue of the
National Security (Industrial Peace) Regulations shall have the same force and
effect from the commencement of this Act as it would have had if those
Regulations, as in force immediately before the commencement of this Act, had
continued in force.
(2) An award, order, determination or decision having force by virtue of the
last preceding sub-section or by virtue of sub-section (3) of section eight of
the Defence (Transitional Provisions) Act may, to the extent necessary for the
purpose of permitting the full exercise of the powers of an industrial
authority, whether of the Commonwealth or of a State, be revoked by such an
authority, either expressly or by the making of inconsistent provisions.
(3) Subject to the last preceding sub-section, the Conciliation and
Arbitration Act 1904-1952 applies in relation to each award, order,
determination and decision to which that sub-section applies in like manner as
it applies in relation to other awards, orders, determinations and decisions
having force by virtue of that Act.
DEFENCE TRANSITION (RESIDUAL PROVISIONS) ACT 1952 - SCHEDULE 1
SCH
THE SCHEDULES
FIRST SCHEDULE
Section
5
PART I
National Security (Apple and Pear Acquisition) Regulations.
National Security (War Deaths) Regulations.
Regulation 66 of the National Security (General) Regulations.
PART II
Regulations 1, 3, 54, 55AA, 55A, 60B to 60G (inclusive) and 60J to 60M
(inclusive) of the National Security (General) Regulations.
National Security (Industrial Property) Regulations.
National Security (Shipping Co-ordination) Regulations.
Regulations 1, 62 and 100 of the National Security (Supplementary)
Regulations.
Regulation 2 of Statutory Rules 1945, No. 205.
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DEFENCE TRANSITION (RESIDUAL PROVISIONS) ACT 1952 - SCHEDULE 2
SCH
SECOND SCHEDULE
Section
6 Cordage and Fibre Order.
Jute Goods Order.
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