Defence (Transitional Provisions) Act 1947 (Cth)
DEFENCE (TRANSITIONAL PROVISIONS) ACT 1947 [Note: This Act is inoperative]
(#DATE 04:03:1953)
(#DATE 04:03:1953)
Compilation Information - Reprinted as at 4 March 1953
DEFENCE (TRANSITIONAL PROVISIONS) ACT 1947 - TABLE OF PROVISIONS TABLE
DEFENCE (TRANSITIONAL PROVISIONS) ACT 1947
TABLE OF PROVISIONS
Section
1. Short title and citation
2. Commencement
3. Operation of certain Regulations
4. Discontinuance of certain Regulations
5. Amendment of continued Regulations
6. (Repealed)
7. Amendments of Acts Interpretation Act
8. Amendment of Defence Act
9. Repeal of National Registration Act
DEFENCE (TRANSITIONAL PROVISIONS) ACT 1947 - PREAMBLE SECT
DEFENCE (TRANSITIONAL PROVISIONS) ACT 1947
An Act to amend the Defence (Transitional Provisions) Act 1946 and for other purposes.
Preamble. WHEREAS the state of war referred to in the preamble to the Defence (Transitional Provisions) Act 1946 still exists:
AND WHEREAS the gradual and orderly return to conditions of peace so referred to is not yet completed:
AND WHEREAS the continued operation of certain of the Regulations declared by that Act to be in force until midnight on the thirty-first day of December, One thousand nine hundred and forty-seven will not, after that date, be necessary for the purposes specified in the preamble to that Act:
AND WHEREAS it is necessary, for the peace, order and good government of the Commonwealth, to provide that certain of those Regulations shall continue to operate during the time of transition referred to in that preamble or shall remain in force for the carrying on or completion, during that time of transition, of certain of the arrangements, activities, actions and proceedings so referred to:
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:-
DEFENCE (TRANSITIONAL PROVISIONS) ACT 1947 - SECT. 1.
Short title.SECT
1. (1) This Act may be cited as the Defence (Transitional Provisions) Act 1947.*
(2) The Defence (Transitional Provisions) Act 1946 is in this Act referred to as the Principal Act.
(3) The Principal Act, as amended by this Act, may be cited as the Defence (Transitional Provisions) Act 1946-1947.
DEFENCE (TRANSITIONAL PROVISIONS) ACT 1947 - SECT. 2.
Commencement.SECT
2.* (1) Sections one, two and three of this Act shall come into operation on the day on which this Act receives the Royal Assent.
(2) The remaining sections of this Act shall come into operation on the first day of January, One thousand nine hundred and forty-eight.
DEFENCE (TRANSITIONAL PROVISIONS) ACT 1947 - SECT. 3.
Operation of certain Regulations.SECT
3. Section six of the Principal Act is amended by omitting from sub-section (1) the word ''forty-seven'' and inserting in its stead the word ''forty-eight''.
DEFENCE (TRANSITIONAL PROVISIONS) ACT 1947 - SECT. 4.
Discontinuance of certain Regulations.SECT
4. (1) The First Schedule to the Principal Act is amended-
(a) by omitting from the first column the titles of the Regulations the titles of which are specified in the First Schedule to this Act; and
(b) by omitting from the second and third columns the provisions relating to those Regulations.
(2) Any contract or agreement-
(a) to which the Commonwealth, a Minister or an authority of the Commonwealth is a party;
(b) which was subsisting immediately prior to the first day of January, One thousand nine hundred and forty-eight; and
(c) which was entered into under any Regulations the title of which is specified in the First Schedule to this Act,
shall, subject to the next succeeding sub-section, continue in full force and effect.
(3) Where an authority of the Commonwealth is a party to any such contract or agreement and that authority has ceased to exist, the Commonwealth shall be deemed to be substituted for that authority as a party to the contract or agreement.
(4) Where, immediately prior to the first day of January, One thousand nine hundred and forty-eight-
(a) an authority of the Commonwealth constituted under any Regulations the title of which is specified in the First Schedule to this Act was a party to an action or other proceeding and that authority has ceased to exist, the Commonwealth shall be substituted for that authority as a party to that action or proceeding; and
(b) property or assets were, under any such Regulations, vested in an authority of the Commonwealth and that authority has ceased to exist, that property or those assets shall, by force of this Act, be vested in the Commonwealth.
(5) The provisions of section eight of the Acts Interpretation Act 1901-1947 shall apply in relation to-
(a) the Regulations the titles of which are specified in the First Schedule to this Act;
(b) the orders, rules and by-laws which were in force or subsisting immediately prior to the first day of January, One thousand nine hundred and forty-eight and were, by virtue of sub-section (1) of section eight of the Principal Act, so in force or subsisting as if made under any of those Regulations; and
(c) the orders, rules and by-laws which were in force or subsisting immediately prior to the commencement of this section and were made under any of those Regulations as in force by virtue of the Principal Act,
as if those Regulations, orders, rules and by-laws were repealed on the first day of January, One thousand nine hundred and forty-eight and as if each of those Regulations, orders, rules and by-laws were an Act.
DEFENCE (TRANSITIONAL PROVISIONS) ACT 1947 - SECT. 5.
Amendment of continued Regulations.SECT
5. The Regulations the titles of which are specified in the first column of the Second Schedule to this Act, being the Regulations having those respective titles as in force under the Principal Act immediately prior to the commencement of this section, are amended as respectively specified in the third column of that Schedule.
Section 6 repealed by No. 2, 1953, s. 2.
* * * * * * * *
DEFENCE (TRANSITIONAL PROVISIONS) ACT 1947 - SECT. 7.
Amendments of Acts Interpretation Act.SECT
7. (1) and (2)* * * * * * *
(3) The Acts Interpretation Act 1901-1941, as amended by this section, may be cited as the Acts Interpretation Act 1901-1947.
DEFENCE (TRANSITIONAL PROVISIONS) ACT 1947 - SECT. 8.
Amendment of Defence Act.SECT
8. (1)* * * * * * * *
(2) The Defence Act 1903-1945, as amended by this section, may be cited as the Defence Act 1903-1947.
DEFENCE (TRANSITIONAL PROVISIONS) ACT 1947 - SECT. 9.
Repeal of National Registration Act.SECT
9. The National Registration Act 1939 is repealed.
-----------
DEFENCE (TRANSITIONAL PROVISIONS) ACT 1947 - FIRST SCHEDULE SCH
THE SCHEDULES*
FIRST SCHEDULE
Section 4
REGULATIONS DISCONTINUED
National Security (Agricultural Production) Regulations. National Security (Aliens Control) Regulations. National Security (Board of Business Administration) Regulations. National Security (Change of Name) Regulations. National Security (Claims against the Commonwealth in relation to Visiting Forces) Regulations. National Security (Enemy Property) Regulations. National Security (Patriotic Funds) Regulations. National Security (Superphosphate Industry) Regulations. National Security (Wine Industry) Regulations.
DEFENCE (TRANSITIONAL PROVISIONS) ACT 1947 - SECOND SCHEDULE SCH
SECOND SCHEDULE
Section 5 ------------------------------------------------------------------------------ --
First Column Second Column Third Column
Department Regulations by which Amendments
administered ------------------------------------------------------------------------------ --
National Security Commerce and Omit regulation 4, insert-
(Agricultural Aids) Agriculture ''4. In these
Regulations, Definition.
Regulations 'agricultural aid' means nicotine
sulphate.''
Omit regulation 8
Regulation 10-
Omit from sub-regulation (1)
''agricultural aids'', insert ''any
agricultural aid'' National Security Commerce and After regulation 28 add-
(Australian Barley Agriculture ''29. These Regulations Limitation
Board) Regulations shall not apply to
barley, of
operation.
oats or grain sorghum harvested after
the
thirtieth day of September, 1948.'' National Security (General) Regulations Administered by
Departments
appropriate to
subject-matter of
individual
regulations Omit regulations 69A, 87 and 88 National Security (Potatoes) Regulations Commerce and
Agriculture After regulation 20 add-
''21. These Regulations
Limitation
shall not apply to potatoes
of operation.
harvested after the thirtieth day of
November,
1948.'' National Security (Supplementary) Regulations Administered by
Departments
appropriate to
subject-matter of
individual
regulations Omit regulations 4, 11, 14, 16, 38,
47, 49, 57, 65, 90, 96, 105, 120 and
134 National Security (Wheat Acquisition) Regulations Commerce and
Agriculture After regulation 30 add-
''31. These Regulations
Limitation
shall not apply to wheat
of operation.
harvested after the thirtieth day of
September, 1948.'' National Security (Wheat Industry Stabilization) Regulations Commerce and
Agriculture Regulation 11-
Omit sub-regulation (4)
After regulation 13 add-
''14. These Regulations
Limitation
shall not apply to wheat
of operation.
sown after the thirty-first day of
August, 1948.'' ------------------------------------------------------------------------------ --
------------------------------------------------------------------------------ --
DEFENCE (TRANSITIONAL PROVISIONS) ACT 1947 - NOTES
NOTES
1. This Act comprises the Defence (Transitional Provisions) Act 1947 as amended by the other Act specified in the following table:
----------------------------------------------------------------------------
Number Date Date of
Act and year of Assent commencement
----------------------------------------------------------------------------
Defence (Transitional
Provisions) Act 1947 No. 78,1947 11 Dec 1947 Ss. 1, 2 and 3:
Royal Assent
Remainder: 1 Jan
1948
Land Tax Abolition Act
1953 (a) No. 2, 1953 4 Mar 1953 1 Apr 1953
----------------------------------------------------------------------------
(a) The Land Tax Abolition Act 1953 was repealed by section 7 of the Statute Law Revision Act 1973. That section provides that the repeal does not affect the operation of any amendment made by the repealed Act or any provision made by it for the citation of an Act as so amended.
2. The amendments made by sub-sections 7 (1) and (2) have been incorporated in the print of the Acts Interpretation Act 1901-1973.
3. Sub-section 8 (1) amended section 43 of the Defence Act 1903-1945. That section was repealed by the Defence Act 1965.
4. The regulations specified in the First Schedule are, by section 4 of this Act, omitted from the First Schedule to the Principal Act, and have been omitted from the First Schedule in the print of that Act.
0
0
0