Defence (Transitional Provisions) Act 1946
Act No. 77 of 1946 as amended
[Note: This Act is repealed by Act No. 118 of 1999]
This compilation was prepared on 21 July 2000
taking into account amendments up to Act No. 118 of 1999
The text of any of those amendments not in force
on that date is appended in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra
Contents
Part I‑Preliminary
1 Short title [see Note 1]...........................
2 Commencement [see Note 1].......................
4 Interpretation.................................
5 Application of Act to Territories.....................
Part II‑Temporary Preservation of Certain Regulations and Instruments
6 Operation of certain Regulations.....................
7 Temporary preservation of certain orders................
8 Savings....................................
9 Power to amend or revoke orders.....................
Part III‑Amendment of certain Acts [see Note 2]
10 Amendments of Acts............................
11 Amendments of the Seamen’s War Pensions and Allowances Act..
Part IV‑Miscellaneous
13 War‑time compensation preservation.............
14 Provisions in respect of orders.......................
15 Trial of offences...............................
16 Offences by corporations..........................
17 Power to order recognizances.......................
18 Delegation of powers under regulations.................
19 General preservation of rights, obligations etc..............
The Schedules
First Schedule [see Note 3]
Second Schedule [see Note 4]
Third Schedule [see Note 5]
Fourth Schedule [see Note 6]
Notes
An Act to make provision for the Security and Defence of the Commonwealth during a Time of Transition from War Conditions to Conditions of Peace, and for other purposes
Preamble
WHEREAS a state of war still exists between His Majesty and Germany, Japan and other countries:
AND WHEREAS legislative provision is required in order to bring about a gradual and orderly return to conditions of peace:
AND WHEREAS it is now necessary, for the peace, order and good government of the Commonwealth:
(a) to make certain provisions to operate during a time of transition from war conditions to conditions of peace;
(b) to make provision for the carrying on or completion, during that time of transition, of arrangements, activities, actions and proceedings entered upon or subsisting in pursuance of certain of the regulations made under the National Security Act 1939‑1946 and of the orders, rules and by‑laws made under those regulations; and
(c) to provide for matters incidental to the termination of that Act and of the regulations made thereunder and of the orders, rules and by‑laws made under any of those regulations:
BE it therefore enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:
Part I‑Preliminary
1 Short title [see Note 1]
This Act may be cited as the Defence (Transitional Provisions) Act 1946‑1973.
2 Commencement
This Act shall come into operation on the first day of January, One thousand nine hundred and forty‑seven.
4 Interpretation
Overview
The Defence (Transitional Provisions) Act 1946 was enacted to facilitate a gradual and orderly transition from war conditions to conditions of peace, addressing the need for temporary preservation of certain regulations and instruments, amendment of specific Acts, and preservation of wartime compensation. The Act was enacted by the Parliament of the Commonwealth of Australia and it came into operation on the first day of January, 1947. It provided for the temporary preservation of certain regulations and instruments made under the National Security Act 1939-1946, ensuring their continued operation until 31 December 1952, with certain amendments. Additionally, the Act amended several Acts, including the Black Marketing Act 1942 and the Crimes Act 1914, and preserved wartime compensation arrangements. The policy objective was to maintain stability and continuity in the transitional period from war to peace, ensuring that essential wartime measures were adapted to the new circumstances while avoiding abrupt disruptions.
Scope and Application
The Defence (Transitional Provisions) Act 1946 (Cth) was enacted to facilitate the transition from wartime conditions to peacetime within Australia and its territories. This Act applies to various regulations, orders, rules, by-laws, and instruments made under the National Security Act 1939 (Cth) and the National Security Act 1939-1946 (Cth), preserving them until specific termination dates, generally up to 31 December 1952. The Act extends to any external territories where specific regulations, orders, rules, or by-laws require their application. It applies to persons, entities, and activities that were under the purview of the wartime regulations and orders, including those related to economic organization, food control, industrial peace, and war service moratoriums. The Act also makes amendments to several other Acts, such as the Black Marketing Act 1942 (Cth) and the Crimes Act 1914 (Cth), to align them with the transitional provisions. Offences under this Act are prosecutable either summarily or upon indictment, with penalties including fines and imprisonment. The Act allows for the delegation of powers and the preservation of certain rights, obligations, and contracts. Notably, this Act has been repealed by the Statute Law Revision Act 1999 (Cth), but its provisions were in effect until 31 December 1973.
Key Provisions
- The Defence (Transitional Provisions) Act 1946-1973, as amended, governs the transitional provisions necessary for the shift from wartime conditions to peacetime within Australia. Section 6 of the Act preserves certain regulations made under the National Security Act until a specified time, with possible amendments. Section 7 preserves certain orders in force, with the authority to amend or revoke these orders before the prescribed time. Section 8 provides for the preservation of orders, rules, by-laws, and other instruments made under the preserved regulations and orders. The Act also includes provisions for amending certain Acts (Section 10) and preserving wartime compensation (Section 13).
- The Act imposes obligations on the parties involved, requiring them to comply with the preserved regulations and orders, which continue to operate until the prescribed time. It also mandates the preservation of rights, obligations, and instruments in force prior to the Act's commencement. The Act further stipulates that any amendments or revocations of preserved orders must be in respect of the matters dealt with by those orders.
- There are specific offences and penalties outlined in the Act for breaches. Section 15 states that any person contravening or failing to comply with any provision of the regulations or orders in force by virtue of the Act commits an offence. The penalties for such offences are a fine not exceeding $200 or imprisonment for up to six months if prosecuted summarily, or a fine not exceeding $1000 or imprisonment for up to two years if prosecuted upon indictment. Additionally, Section 16 makes it an offence for corporations, with their directors or officers being deemed guilty unless they prove otherwise. Section 17 allows courts to order recognizances for compliance with regulations, with failure to comply resulting in imprisonment for up to six months. These provisions underscore the seriousness with which the Act treats non-compliance, ensuring a structured transition from wartime measures to peacetime governance.
- Area of Law
- Administrative Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Offence Provisions
- Transitional Provisions
- Repeal & Amendment
- Delegation of powers under regulations
- Enforcement Powers
- Regulatory Standards
